ML12345A358

Request for Withholding Information from Public Disclosure, 9/26/12 Affidavit Executed by E.Schrull, GEH-Hitachi, GEH 10/5/12 Responses to Nrc/De/Eicb 9/5/12 Request for Additional Information

ML12345A358
Person / Time
Site:	Columbia
Issue date:	12/18/2012
From:	Lauren Gibson Plant Licensing Branch IV
To:	Reddeman M Energy Northwest
Gibson L
References
TAC ME7905
Download: ML12345A358 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 December 18 t 2012 Mr. Mark E. Reddemann Chief Executive Officer Energy Northwest P.O. Box 968 (Mail Drop 1023)

Richland, WA 99352-0968

SUBJECT:

COLUMBIA GENERATING STATION - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME7905)

Dear Mr. Reddemann:

By letter dated January 31,2012 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML120400144), Energy Northwest, the licensee for Columbia Generating Station, submitted a license amendment request (LAR). By letter dated October 5, 2012 (ADAMS Accession No. ML122920736), Energy Northwest submitted a supplement to the LAR, which included an affidavit dated September 26,2012, executed by Mr. Edward D. Schrull, of GE Hitachi Nuclear Energy Americas LLC (GEH), 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:

GEH Responses to NRC EICB RAls (Proprietary) [Attachment 1, "Response to Request for Additional Information," to the licensee's letter dated October 5, 2012]

A nonproprietary copy of this document has been placed in the U.S. Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the NRC Library at ADAMS Accession No. ML122920735.

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 GEH's competitors without license from GEH constitutes a competitive economic advantage over other companies;

b. Information that, if used by a competitor, would reduce their expenditure of resources or improve 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

M. Reddemann -2 submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the version of 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 regarding this matter, I may be reached at 301-415-1056 or via e-mail at lauren.gibson@nrc.gov.

Sincerely, Lauren K. Gibson, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-397 cc: Edward D. Schrull, PE Vice President, Regulatory Affairs Services Licensing GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Rd.

Wilmington, NC 28401 Additional distribution via Listserv

ML12345A358 OFFICE NRR/DORLlLPL4/PM NRR/DORL/LPL4/LA NRR/DE/EICB/BC NAME LKGibson (CFLyon for) JBurkhardt JThorp DATE 12/18/12 12/18/12 12/18/12 OFFICE NRR/DORLlLPL4/BC NRR/DORLlLPL4/PM NAME MMarkley LKGibson (CFLyon for)

DATE 12/18/12 12/18/12