ML112290166

Request for Withholding Information from Public Disclosure - Proposed License Amendment for Extended Power Uprate Operation, Supplement Dated December 13, 2010 Holtec International and GNF-A Proprietary Documents - NMP2

ML112290166
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: ML112290166 (3)

Text

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August 29, 2011

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1-'] '1/>0 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 letter dated December 13, 2010, you submitted affidavits dated December 7,2010, and December 9,2010, executed by Mr. Savit Sinha of Holtec International and Mr. Anthony P.

Reese of Global Nuclear Fuel - Americas, LLC (GNF-A), respectively, requesting 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:

Attachment 4 and 5 of Letter from Nine Mile Point to Document Control Desk (NRC) dated December 13, 2010: "Response to Request for Additional Information Regarding Nine Mile Point Nuclear' Station, Unit No.2 - Re: The License Amendment Request for Extended Power Uprate Operation (TAC No. ME1476) - Spent Fuel Pool Criticality Analysis."

Table 1 of Appendix E of Holtec Report No. HI-2012621, Criticality Safety Evaluation for the Nine Mile Point 2 Rack Installation Project. Table 1 is entitled, "NMP2 SPENT FUEL POOL RERACK PROJECT."

The affidavit 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 [Holtec's/GNF-A's] competitors without license from [Holtec International/GNF-AJ constitutes a competitive economic advantage over other companies; b) Information which, if used by a competitor, would reduce [his/their] expenditure of resources or improve [his/their] 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. Savit Sinha Holtec International, Holtec Center 555 Lincoln Drive West Marlton, NJ 08053 Mr. Anthony P. Reese Global Nuclear Fuel - Americas LLC 3901 Castle Hayne Rd.

Wilmington, NC 28401 Additional Distribution via Listserv

ML112290166 OFFICE LPL 1-1/PM LPL 1-1/LA SRXB/BC IBC NAME RGuzman SUttle TUlses NSalgado DATE 8/22/11 8/22/11 8/24/11 8/29/11