ML102390343

Request for Withholding Information from Public Disclosure for Hope Creek Generating Station

ML102390343
Person / Time
Site:	Hope Creek
Issue date:	09/09/2010
From:	Richard Ennis Plant Licensing Branch 1
To:	Joyce T Public Service Enterprise Group
ENNIS R, NRR/DORL, 415-1453
References
TAC ME2949
Download: ML102390343 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 9, 2010 Mr. Thomas Joyce President and Chief Nuclear Officer PSEG Nuclear P.O. Box 236, N09 Hancocks Bridge, NJ 08038

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR HOPE CREEK GENERATING STATION (TAC NO. ME2949)

Dear Mr. Joyce:

By PSEG Nuclear LLC (PSEG) letter LR-N10-0306 dated August 12, 2010, and two GE-Hitachi Nuclear Energy Americas LLC (GEH) affidavits, executed by Edward D. Schrull, PSEG requested 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) Section 2.390:

Attachment 14.2 of Calculation H-1-ZZ-MDC-1880, Revision 4, "Evaluation to Determine the Radiological Impact of Adding 12 Isotope Test Assemblies (ITAs) on the Post-LOCA [Loss-of-Coolant Accident], EAB [Exclusion Area Boundary],

LPZ [Low Population Zone], and CR [Control Room] Doses" (Attachment 3 to letter LR-N 10-0306)

RADTRAD Electronic files (CD) for Attachment 14.2 of Calculation H-1-ZZ-MDC 1880, Revision 4 (Attachment 7 to letter LR-N 10-0306)

A nonproprietary copy of the document in Attachment 3 to the letter (Attachment 4 to letter LR-N10-0306) has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room. Your letter stated that the information in Attachment 7 to the letter is proprietary in its entirety, therefore, no non-proprietary version was provided.

The affidavits stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(4)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; and (4)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.

T. Joyce -2 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 affidavits, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, the version of the submitted information 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.

If you have any questions regarding this matter, I may be reached at 301-415-1420.

Sincerely, Richard B. Ennis, Senior Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-354 cc: Mr. Edward D. Schrull Vice President, Regulatory Affairs Services Licensing GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional Distribution via Listserv

ML102390343 OFFICE LPL 1-2/PM LPL 1-1/LA LPL 1-2/BC NAME REnnis ABaxter HChernoff DATE 9/9/10 9/3/10 9/9/10