ML102770689
| ML102770689 | |
| Person / Time | |
|---|---|
| Site: | Monticello  |
| Issue date: | 11/01/2010 |
| From: | Tam P Plant Licensing Branch III |
| To: | O'Connor T Nuclear Management Co |
| Tam P | |
| References | |
| TAC ME4790 | |
| Download: ML102770689 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 November 1, 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
SUBJECT:
MONTICELLO NUCLEAR GENERATING PLANT - WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME4790)
Dear Mr. O'Connor:
By letter dated September 17, 2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML102650397), you submitted an application for an amendment regarding the minimum critical power ratio safety limit. You included an affidavit executed by Mr. Anthony P. Reese of Global Nuclear Fuel-Americas, LLC (GNF-A) on September 7,2010, requesting that Enclosure 6 (ADAMS Accession No. ML102650408), containing additional information prepared by GNF-A regarding the requested amendment, 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 Enclosure 6 should be considered exempt from mandatory public disclosure because it contains:
- a.
Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-A's competitors without license from GNF-A constitutes a competitive economic advantage over other companies;
- b.
Information which, if used by a competitor, would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.
We have reviewed GNF-A'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, Enclosure 6, 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.
We have released to the public the non-proprietary version of the subject document, identified as Enclosure 3 of the submittal (ADAMS Accession No. ML102650399).
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.
- 1. J. O'Connor
- 2 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,
~~];ct Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263 cc: Mr. Anthony P. Reese Reload Licensing Manager, Fuel Engineering Global Nuclear Fuels-Americas PO Box 780, MIC A55 Wilmington, NC 28402 Additional Distribution via ListServ
T. J. O'Connor
- 2 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: Mr. Anthony P. Reese Reload Licensing Manager, Fuel Engineering Global Nuclear Fuels-Americas PO Box 780, MIC A55 Wilmington, NC 28402 Additional Distribution via ListServ DISTRIBUTION:
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