ML093430003

Request for Withholding Information from Public Disclosure - Proposed License Amendment for Extended Power Uprate Operation, Supplement Dated August 28, 2009 C.D.I Proprietary Documents - Nine Mile Point Nuclear Station Unit No. 2

ML093430003
Person / Time
Site:	Nine Mile Point
Issue date:	12/10/2009
From:	Richard Guzman Plant Licensing Branch 1
To:	Belcher S Nine Mile Point
Guzman R, NRR/DORL, 415-1030
References
TAC ME1476
Download: ML093430003 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 December 10, 2009 Mr. Samuel L. Belcher Vice President Nine Mile Point Nine Mile Point Nuclear Station, LLC P.O. Box 63 Lycoming, NY 13093

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE RE: PROPOSED LICENSE AMENDMENT FOR EXTENDED POWER UPRATE OPERATION - NINE MILE POINT NUCLEAR STATION, UNIT NO.2 - (TAC NO. ME1476)

Dear Mr. Belcher:

By letter dated August 2B, 2009, you submitted an affidavit dated August 26, 2009, executed by Mr. Alan J. Bilanin, requesting that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

C.D.I. REPORT OB-OBP, "ACOUSTIC AND LOW FREQUENCY HYDRONAMIC LOADS AT CLTP POWER LEVEL ON NINE MILE POINT UNIT 2 STEAM DRYER TO 250 HZ,"

REVISION 2 C.D.I REPORT 09-26P, "STRESS ASSESSMENT OF NINE MILE POINT UNIT 2 STEAM DRYER AT CLTP AND EPU CONDITIONS," REVISION 0, The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

a) The information summarizes a process or method, including supporting data and analysis, where prevention of its use by C.D.I's competitors without license from C.D.I. constitutes a competitive advantage over other companies; b) The information summarizes information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product; c) The information summarizes information which discloses patentable subject matter for which it may be desirable to obtain patent protection.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

S. Belcher -2 Therefore, the above listed documents marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the Nuclear Regulatory Commission (NRC). You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at 301-415-1030.

Sincerely, Richard V. Guzman, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-410 cc: Mr. Alan J. Bilanin Continuum Dynamics, Inc.

34 Lexington Avenue Ewing, NJ 08618-2302 Additional Distribution via Listserv

S. Belcher -2 Therefore, the above listed documents marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for Withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the Nuclear Regulatory Commission (NRC). You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at 301-415-1030.

Sincerely, IRA!

Richard V. Guzman, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-410 cc: Mr. Alan J. Bilanin Continuum Dynamics, Inc.

34 Lexington Avenue Ewing, NJ 08618-2302 Additional Distribution via Listserv DISTRIBUTION:

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