ML102370944

Request for Withholding Information from Public Disclosure - Proposed License Amendment for Extended Power Uprate Operation, Supplement Dated July 30, 2010 CDI Proprietary Documents - Nine Mile Point Unit No. 2

ML102370944
Person / Time
Site:	Nine Mile Point
Issue date:	08/31/2010
From:	Richard Guzman Plant Licensing Branch 1
To:	Belcher S Nine Mile Point
Guzman R, NRR/DORL, 415-1030
References
TAC ME1476
Download: ML102370944 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 31,2010 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, STEAM DRYER MODIFICATIONS - NINE MILE POINT NUCLEAR STATION, UNIT NO.2 - (TAC NO. ME1476)

Dear Mr. Belcher:

By letter dated July 30, 2010, you submitted an affidavit dated July 28, 2010, executed by Mr.

Alan J. Bilanin of Continuum Dynamics, Inc. (C.D.I.), 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 No.10-12P, "Design and Stress Evaluation of Nine Mile Point Unit 2 Steam Dryer Modifications for EPU Operation," Revision 0; and Structural Integrity Report No. 1000814.401, "Flaw Evaluation of Indications in the Nine Mile Point Unit 2 Steam Dryer Vertical Support Plates Considering Extended Power Uprate Flow Induced Vibration Loading," Revision O.

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) 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) 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.

S. Belcher 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

ML102370944 OFFICE LPL1-1/PM LPL 1-1/LA EMCB/BC LPL1-1/BC NAME RGuzman SLittie MKhanna NSalgado (JBoska for)

DATE 8/25/10 8/30/10 8/30/10 8/31/10