ML11325A426

Letter Approving Withholding from Public Disclosure Two Documents Containing Proprietary Information Submitted in the Licensees 11/11/2011 Letter

ML11325A426
Person / Time
Site:	Monticello
Issue date:	11/30/2011
From:	Tam P Plant Licensing Branch III
To:	O'Connor T Northern States Power Co
Tam P
References
TAC MD9990, TAC ME3145
Download: ML11325A426 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 30, 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 SUB~JECT:

MONTICELLO NUCLEAR GENERATING PLANT -- REQUEST FOR WITHHOLDING OF PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MD9990 AND ME3145)

Dear Mr. O'Connor:

By "L-MT-11-066, Correction of 10 CFR 50.46 Analysis Error Applicable to Monticello Extended Power Uprate (TAC MD9990) and Monticello Maximum Extended Load Line Limit Analysis Plus ([[Project reference" contains a listed "[" character as part of the property label and has therefore been classified as invalid.) License Amendment Requests|letter dated November 11,2011]] (Agencywide Documents Access and Management System (ADAMS) Accession No. ML113210707), you submitted supplemental information to support your application for an amendment regarding extended power uprate and application for an amendment regarding Maximum Extended Load Line Limit Analysis Plus (MELLLA+). Among other things, the submittal includes: -- Corrected Pages for NEDC-33322P, Revision 3, "Safety Analysis Report for Monticello Constant Pressure Power Uprate" (proprietary) - Corrected Pages for NEDC-33435P, Revision 1, "Safety Analysis Report for Monticello Maximum Extended Load Line Limit Analysis Plus" (proprietary)

For each of these documents, you included an affidavit executed by Mr. Edward D. Schrull of GE-Hitachi Nuclear Energy Americas LLC (GEH), requesting that the above listed documents 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 the Enclosures listed above should be considered exempt from mandatory public disclosure because they contain:

(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.

You have provided a non-proprietary version of Enclosure 1 and Enclosure 2, identified respectively as Enclosure 4 and Enclosure 5, which the Nuclear Regulatory Commission (NRC) staff has disclosed to the public as ADAMS Accession No. ML11321A332.

T. J. O'Connor

- 2 We have reviewed Mr. Schrull's affidavits in accordance with the requirements of 10 CFR 2.390, and on the basis of their statements, we have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, Enclosures 1 and 2, 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.

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

T. J. O'Connor

- 2 We have reviewed Mr. Schrull's affidavits in accordance with the requirements of 10 CFR 2.390, and on the basis of their statements, we have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, Enclosures 1 and 2, 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.

Sincerely, IRA!

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. Edward D. Schrull Vice President, Regulatory Affairs Services Licensing GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional Distribution via ListServ DISTRIBUTION PUBLIC RidsNrrDorlLpl3-1 Resource RidsNrrPMMonticello Resource RidsNrrLABTully Resource RidsOgcMailCenter Resource RidsAcrsAcnw _MaiICTR Resource RidsNrrDirsltsb RidsRgn3MailCenter Resource RidsNrrDorlDpr Resource LPL 3-1 R/F T. Huang, NRR RidsNrrDssSrxb Resource Accession No.: ML11325A426 OFFICE LPL3-1/PM LPL3-1/LA SRXB/BC LPL3-1/BC(A)

LPL3-1/PM NAME PTam BTully AUlses (SMiranda for)

TBeitz PTam DATE 11/23/11 11/22/11 11/29111 11/30/11 11/23/11 OFFICIAL RECORD COPY