ML112290158

Request for Withholding Information from Public Disclosure - Proposed LAR EPU Supplement Dated October 8, 2010, January 19 and May 9, 2011 GEH Proprietary Documents - Nine Mile Point Nuclear Station Unit No. 2

ML112290158
Person / Time
Site:	Nine Mile Point
Issue date:	08/29/2011
From:	Richard Guzman Division of Operating Reactor Licensing
To:	Belcher S Nine Mile Point
Guzman R, NRR/DORL, 415-1030
References
TAC ME1476
Download: ML112290158 (3)

Text

'v~"'R REG V1 _ UNITED STATES

",~

.:::." ...""r~O?>... NUCLEAR REGULATORY COMMISSION

~ C"> WASHINGTON, D.C. 20555*0001

<{ 0

~ f August 29, 2011

~ ~

~ ~

• • • • i< ~o 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 - NINE MILE POINT NUCLEAR STATION, UNIT NO.2 (TAC NO. ME1476)

Dear Mr. Belcher:

By letters dated October 8, 2010, January 19, 2011, and May 9, 2011, you submitted affidavits dated October 6,2010, January 14, 2011, and May 5,2011, respectively, all executed by Mr.

Edward D. Schrull of GE-Hitachi Nuclear Energy Americas LLC (GEH), 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:

GEH letter, GE-PPO-1GYEF-KG1-555, "Transmittal of FTR 0400 Figure 3-1," dated October 6, 2010.

Enclosure 1 of GEH letter, GE-PPO-1 GYEF-KG1-575 R1, Garold Carlisle (GEH) to Theresa Darling (Constellation Energy Nuclear Group), "NMP2 EPU LOCA [Loss-of Coolant Accidents] Plots and Data," dated January 14, 2011.

GEH letter, GE-PPO-1GYEF-KG1-591 R1, Garold Carlisle (GEH) to Theresa Darling (CENG), "NMP2 EPU EMCB [Mechanical and Civil Engineering Branch] Supplemental RAls [Requests for Additional Information]," dated May 5, 2011.

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

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 GEH and/or other companies; b) Information that, 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.

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.

S. Belcher -2 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.

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. Edward D. Schrull, PE Vice President, Regulatory Affairs Services Licensing GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional Distribution via Listserv

ML112290158 OFFICE LPL 1-1/PM LPL1-lILA SRXB/BC LPL1-lIBC NAME RGuzman SUttle AUlses NSalgado DATE 8/22/11 8/22/11 8124111 8/29/11