ML100680441

Request for Withholding Information from Public Disclosure - Proposed License Amendment for Extended Power Uprate Operation, Supplement December 23,2 009 C.D.I Proprietary Documents - Nine Mile Point Nuclear Station Unit No. 2

ML100680441
Person / Time
Site:	Nine Mile Point
Issue date:	04/02/2010
From:	Richard Guzman Plant Licensing Branch 1
To:	Belcher S Nine Mile Point
Guzman R, NRR/DORL, 415-1030
References
TAC ME1476
Download: ML100680441 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 2, 2010 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 (EPU) OPERATION - NINE MILE POINT NUCLEAR STATION, UNIT NO.2 (TAC NO. ME1476)

Dear Mr. Belcher:

By letter dated December 23, 2009, you submitted an affidavit dated December 18, 2009, executed by Ms. Barbara A. Agans, 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.1. Letter No. 09184 dated 10 December 2009; CoD.1. Report 08-08P "Acoustic and Low Frequency Hydrodynamic Loads at CLTP

[current licensed thermal power] Power Level on Nine Mile Point Unit 2 Steam Dryer to 250 Hz," Revision 3; C.D./. Technical Note 09-17P "Limit Curve Analysis with ACM [acoustic circuit model]

Rev. 4 for Power Ascension at Nine Mile Point Unit 2," Revision 0; C.D.1. Report 09-26P "Stress Assessment of Nine Mile Point Unit 2 Steam Dryer at CLTP and EPU Conditions," Revision 1; Nine Mile Point Mechanical and Civil Engineering Steam Dryer Evaluation Question No. A2.

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.Dol's competitors without license from CoD.1. 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;

S. Belcher -2 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.

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: Ms. Barbara A. Agans Continuum Dynamics, Inc.

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

ML100680441 OFFICE LPLI-1/PM LPLI-1/LA EMCB/BC LPLI-1/BC RGuzman JBoska for NAME SLittie MKhanna NSalgado DATE 3/03/10 3/03/10 3/29/10 4/02/10