ML100040327
| ML100040327 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 01/12/2010 |
| From: | Beltz T Plant Licensing Branch III |
| To: | Jensen J Indiana Michigan Power Co |
| beltz T, NRR/DORL/LPL3-1, 301-415-3049 | |
| References | |
| TAC ME1017 | |
| Download: ML100040327 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 12, 2010 Mr. Joseph N. Jensen Senior Vice President and Chief Nuclear Officer Indiana Michigan Power Company Nuclear Generation Group One Cook Place Bridgman, MI 49106
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR THE DONALD C. COOK NUCLEAR PLANT, UNIT 2 (TAC NO. ME1017)
Dear Mr. Jensen:
By letter (AEP-NRC-2009-71) dated November 20,2009, to the U.S. Nuclear Regulatory Commission (NRC), Indiana Michigan Power Company (I&M, the licensee) submitted a response to a request for additional information related to a license amendment request for adopting a new large break loss-of-coolant accident analysis for the Donald C. Cook Nuclear Plant, Unit 2 (CNP-2).
The submittal contained an affidavit addressing the need for withholding specified information from public disclosure. The affidavit (CAW-09-2683) dated October 12,2009, was executed by J. A. Gresham of Westinghouse Electric Company and requested that information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390: to AEP-NRC-2009-71, "WCOBRAITRAC Validation with Revised Downcomer Noding for D.C. Cook Units 1 and 2, PROPRIETARY."
A nonproprietary copy of this document has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room (ADAMS Accession No. ML093360524).
J.Jensen
- 2 The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(i)
The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies (ii)
Use of the information by a competitor would reduce his expenditure or resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.
(iii)
Release of the information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar calculations and licensing defense services for commercial power reactors without commensurate expenses.
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. Therefore, the entire document identified as, which is 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 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.
J.Jensen
- 3 If you have any questions regarding this matter, I may be reached at (301) 415-3049.
Terry A. Beltz, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-316 cc: Listserv cc: Mr. J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company, LLC P.O. Box 355 Pittsburgh, PA 15230-0355
J.Jensen
- 3 If you have any questions regarding this matter, I may be reached at (301) 415-3049.
Sincerely, IRA!
Terry A. Beltz, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-316 cc: Listserv cc: Mr. J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company, LLC P.O. Box 355 Pittsburgh, PA 15230-0355 DISTRIBUTION PUBLIC RidsNrrLATHarris Resource RidsAcrsAcnw_MailCTR Resource LPL3-1 r/f RidsNrrPMDCCook Resource RidsRgn3MailCenter Resource RidsNrrDorlLpl3-1 Resource RldsNrrDciCpnb Resource RidsOgcMailCenter Resource ADAMS Accession No.: ML100040327 OFFICE LPL3-1/PM LPL3-1/LA CPNB/BC LPL3-1/BC LPL3-1/PM NAME TBeitz THarris GCranston RPascarelli TBeitz DATE 01/04/10 01/06/10 01/07/10 01/11/10 01/12/10 OFFICIAL RECORD COpy