ML12291A813

Request for Withholding Information from Public Disclosure - 5/11/2007 Affidavit Executed by Thomas Smed, Studsvik Scandpower Gardel BWR-Cooper Nuclear Station Power Distribution Uncertainties

ML12291A813
Person / Time
Site:	Cooper
Issue date:	11/15/2012
From:	Lynnea Wilkins Plant Licensing Branch IV
To:	O'Grady B Nebraska Public Power District (NPPD)
Wilkins L
References
TAC ME8853
Download: ML12291A813 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 15, 2012 Mr. Brian J. O'Grady Vice President-Nuclear and CNO Nebraska Public Power District 72676 648A Avenue Brownville, NE 68321

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR COOPER NUCLEAR STATION (TAC NO. ME8853)

Dear Mr. O'Grady:

By letter dated May 30, 2012 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML121570406), Nebraska Public Power District, the licensee for Cooper Nuclear Station, submitted an affidavit dated May 11, 2007, executed by Mr. Thomas Smed, Studsvik Scandpower, Inc. (SSP), 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:

"GARDEL BWR-Cooper Nuclear Station Power Distribution Uncertainties," Report No. SSP-07/405-C, Rev. O.

A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the NRC Library at ADAMS Accession No. ML12157A208. The non-proprietary copy is contained in Enclosure 5 of the licensee's letter dated May 30, 2012.

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 SSP's competitors without license from SSP 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 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.

B. O'Grady - 2 Therefore, 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, please contact me at 301-415-1377 or via e-mail at Iynnea.wilkins@nrc.gov.

Sincerely,

~ Lynnea E. Wilkins, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-298 cc: Mr. Thomas Smed Studsvik Scandpower AB Stensborgsgatan 4 SE-721 32 Vasteras, Sweden Additional Distribution via Listserv

B. O'Grady -2 Therefore, 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, please contact me at 301-415-1377 or via e-mail at Iynnea. wilkins@nrc.gov.

Sincerely, IRA!

Lynnea E. Wilkins, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-298 cc: Mr. Thomas Smed Studsvik Scandpower AB Stensborgsgatan 4 SE-721 32 Vasteras, Sweden Additional Distribution via Listserv DISTRIBUTION:

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