ML101890915

Determination That Appendix 4 of Enclosure 1 of 6/30/10 Submittal Contains Proprietary Information

ML101890915
Person / Time
Site:	Monticello
Issue date:	07/30/2010
From:	Tam P Plant Licensing Branch III
To:	O'Connor T Northern States Power Co
Tam P
References
TAC MD9990
Download: ML101890915 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 30, 2010 Mr. Timothy J. O'Connor Site Vice President Monticello Nuclear Generating Plant Nuclear Management Company, LLC 2807 West County Road 75 Monticello, MN 55362-9637 SUB~IECT: MONTICELLO NUCLEAR GENERATING PLANT - WITHHOLDING SUBMITTED PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD9990)

Dear Mr. O'Connor:

By letter dated June 30, 2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML102010479), you submitted information about the replacement steam dryer for extended power uprate operation. Among other things, the submittal includes Appendix 4, "Revised Final Pages of Docketed Correspondence [Le., NEDC-33322P, Rev. 3]

Related to the Monticello Nuclear Generating Plant Extended Power Uprate Affected by the Replacement Steam Dryer" (ADAMS Accession No. ML102010467), of Enclosure 1. You included an affidavit executed by Mr. Tim E. Abney of GE-Hitachi Nuclear Energy Americas LLC (GEH), on October 24, 2008, requesting that Appendix 4 of Enclosure 1 be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.

The affidavit stated that the Appendix 4 of Enclosure 1 should be considered exempt from mandatory public disclosure because these pages contain:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEH's competitors without license from GEH constitutes a competitive economic advantage over other companies;

b. 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.

We have reviewed GEH's affidavit in accordance with the requirements of 10 CFR 2.390, and on the basis of its statements, we have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, the subject revised pages, which are 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.

1. J. O'Connor -2 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.

If you have any questions regarding this matter, I may be reached at 301-415-1451.

Sincerely,

~7~Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263 cc: See next page

Monticello Nuclear Generating Plant cc: Mr. Tim E. Abney Vice President, Services Licensing GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional Distribution via ListServ

T. J. O'Connor -2 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.

If you have any questions regarding this matter, I may be reached at 301-415-1451.

Sincerely, IRAJ Peter S. Tam, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263 cc w/encl: See next page DISTRIBUTION:

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