ML110480915
| ML110480915 | |
| Person / Time | |
|---|---|
| Site: | Monticello  |
| Issue date: | 03/09/2011 |
| From: | Tam P Plant Licensing Branch III |
| To: | O'Connor T Northern States Power Co |
| Tam P | |
| References | |
| TAC ME4790 | |
| Download: ML110480915 (3) | |
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March 9, 2011 Mr. Timothy J. O'Connor Site Vice President Monticello Nuclear Generating Plant Northern States Power Company - Minnesota 2807 West County Road 75 Monticello, MN 55362-9637
SUBJECT:
MONTICELLO NUCLEAR GENERATING PLANT - REQUEST FOR WITHHOLDING OF PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME4790)
Dear Mr. O'Connor:
By letter dated February 8, 2011 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML110450242), you submitted supplemental information to support your application for an amendment regarding the minimum critical power ratio safety limit.
Among other things, the submittal includes:, "Proprietary Responses to RAI Questions 1, 2, 4, 5, and 6", "GARDEL BWR - Monticello NPP Power Distribution Uncertainties," Rev. 0, July 24, 2009 You included an affidavit executed by Mr. Anthony P. Reese of Global Nuclear Fuel-Americas (GNF-A), requesting that Enclosure 5 be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390. The affidavit states that 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 his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.
You have provided Enclosure 1, which contains a non-proprietary version of Enclosure 5 identified as responses to the U.S. Nuclear Regulatory Commission (NRC) Request for Additional Information Questions 1, 2, 4, 5, and 6; Enclosure 1 has been placed in the public domain as ADAMS Accession No. ML110450240.
You included an affidavit executed by Mr. Jerry Umbarger of Studsvik Scandpower, Inc. (SSP),
requesting that Enclosure 6 be withheld from public disclosure pursuant to 10 CFR, Part 2, Section 2.390. The affidavit states that Enclosure 6 should be considered exempt from mandatory public disclosure because it contains:
(c)
Information that discloses a process, method and supporting data and analyses, where prevention of its use by SSP's competitors without license from SSP constitutes a competitive economic advantage over other companies;
T. J. O'Connor
-2 (d)
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.
You provided no non-proprietary version of Enclosure 6.
We have reviewed the affidavits of Messrs. Reese and Umbarger 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 above identified documents, 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.
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.
Docket No. 50-263 cc:
Mr. Anthony P. Reese Manager, Reload Design and Analysis Global Nuclear Fuel - Americas, Inc.
P. O. Box 780, M/C: A55 Wilmington, NC 28402-0780 Mr. Jerry Umbarger Chief Financial Officer Studsvik Scandpower, Inc.
1087 Beacon Street, Suite 301 Newton, MA 02459-1700 Additional Distribution via ListServ
T. J. O'Connor
- 2 (d)
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.
You provided no non-proprietary version of Enclosure 6.
We have reviewed the affidavits of Messrs. Reese and Umbarger 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 above identified documents, which are marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 1 03(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 301-415-1451.
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 Manager, Reload Design and Analysis Global Nuclear Fuel - Americas, Inc.
P. O. Box 780, M/C: A55 Wilmington, NC 28402-0780 Mr. Jerry Umbarger Chief Financial Officer Studsvik Scandpower, Inc.
1087 Beacon Street, Suite 301 Newton, MA 02459-1700 Additional Distribution via ListServ DISTRIBUTION:
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