ML103430127

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Letter to Mr. David Heacock Millstone - Unit 1 - Request for Withholding Information from Public Disclosure, Submittal of Proprietary and Non-Proprietary Information on 2008 Decommissioning Cost Update
ML103430127
Person / Time
Site: Millstone Dominion icon.png
Issue date: 12/20/2010
From: John Hickman
NRC/FSME/DWMEP/DURLD/RDB
To: Heacock D
Dominion Nuclear Connecticut
Hickman J, FSME/DWMEP,301-415-3017
References
FOIA/PA-2011-0115
Download: ML103430127 (4)


Text

December 20, 2010 Mr. David A Heacock President and Chief Nuclear Officer Dominion Nuclear Connecticut, Inc.

Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711

SUBJECT:

MILLSTONE UNIT 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, SUBMITTAL OF PROPRIETARY AND NON-PROPRIETARY INFORMATION ON 2008 DECOMMISSIONING COST UPDATE

Dear Mr. Heacock:

By letter dated December 1, 2010, Dominion Nuclear Connecticut, Inc (DNC) submitted an affidavit dated December 1, 2010, executed by Mr. Leslie N. Hartz, which requested that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390(a)(4):

Document No. 82A9641, 2008 Decommissioning Cost Update for the Millstone Nuclear Power Plant, Unit 1, Revision 1, Dated June 23, 2009.

The non-proprietary copy of the document has been placed in the U.S. Nuclear Regulatory Commission's (NRC) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room (Accession No. ML103410111).

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

a. This information is being held in confidence by DNC.
b. This information is of a type that is held in confidence by DNC, and there is a rational basis for doing so because the information contains sensitive commercial information.
c. This information is being transmitted to the NRC in confidence.
d. This information is not available in public sources and could not be gathered readily from other publicly available information.
e. Public disclosure of this information would create substantial harm to the competitive position of DNC by disclosing confidential contract information to other parties whose commercial interests may be adverse to those of DNC. Therefore, the use of this confidential information by competitors may permit them to use the information to develop competitive advantages over DNC.

D.A. Heacock 2 We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, 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 301-415-3017.

Sincerely,

/RA/

John B. Hickman, Project Manager Reactor Decommissioning Branch Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No.: 50-245 cc: Millstone Power Station Unit 1 Service List

D.A. Heacock 2 We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, 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 301-415-3017.

Sincerely,

/RA/

John B. Hickman, Project Manager Reactor Decommissioning Branch Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No.: 50-245 cc: Millstone Power Station Unit 1 Service List Distribution: DWMEP r/f J Joustra, RI C Sanders, NRR ML103430127 OFC DWMEP DWMEP DWMEP DWMEP NAME JHickman CHolston BWatson JHickman DATE 12 / 15 /10 12/ 15 /10 12/ 20 /10 12/20/10 OFFICIAL RECORD COPY

Millstone Power Station Unit 1 cc:

Mr. A. J. Jordan Edward L. Wilds, Jr., Ph.D.

Site Vice President Director, Division of Radiation Dominion Nuclear Connecticut, Inc. Department of Environmental Protection Millstone Power Station 79 Elm Street Building 475, 5th Floor Hartford, CT 06106-5127 Rope Ferry Road Waterford, CT 06385 Regional Administrator, Region I U.S. Nuclear Regulatory Commission Mr. Richard K. MacManus, Director 475 Allendale Road Nuclear Safety & Licensing King of Prussia, PA 19406 Dominion Nuclear Connecticut, Inc.

Millstone Power Station First Selectmen Building 475, 5th Floor Town of Waterford Rope Ferry Road 15 Rope Ferry Road Waterford, CT 06385 Waterford, CT 06385 Ms. Lillian M. Cuoco Mr. Evan W. Woollacott, Co-Chair Senior Counsel Nuclear Energy Advisory Council Dominion Resources Services, Inc. 128 Terry's Plain Road 120 Tredegar Street, RS-2 Simsbury, CT 06070 Richmond, VA 23219 Nancy Burton, Esquire Mr. Chris L. Funderburk, Director 147 Cross Highway Nuclear Licensing & Operations Support Redding Ridge, CT 06876 Innsbrook Technical Center 5000 Dominion Boulevard Senior Resident Inspector Glen Allen, VA 23060-6711 Millstone Power Station c/o Nuclear Regulatory Commission Electronic Copies: P.O. Box 513 Niantic, CT 06357 Stephen.E.Scace@dom.com Skip.J.Jordan@dom.com DanieI.G.Stoddard@dom.com Chris.Funderburk@dom.com Thomas.L.Breene@dom.com Jerry.Bischof@dom.com David.Sommers@dom.com William.D.Bartron@dom.com Page.Kemp@dom.com Barry.Garber@dom.com Lillian.Cuoco@dom.com Vicki.Hull@dom.com Ginger.L.Alligood@dom.com