ML13239A002

Generation Plant - Request for Withholding of Proprietary Information from Public Disclosure Associated with Affidavit Executed on January 14, 2013, by James F. Harrison of GE-Hitachi

ML13239A002
Person / Time
Site:	Monticello
Issue date:	10/08/2013
From:	Beltz T Plant Licensing Branch III
To:	Fili K Northern States Power Co
Beltz T
References
TAC MD9990
Download: ML13239A002 (3)

Text

-*

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 CX:.tober 8, 2013 Mrs. Karen D. Fili Site Vice President Monticello Nuclear Generating Plant Northern States Power Company - Minnesota 2807 West County Road 75 Monticello, MN 55362-9637

SUBJECT:

MONTICELLO NUCLEAR GENERATING PLANT (MNGP)- REQUEST FOR WITHHOLDING OF PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD9990)

Dear Mrs. Fili:

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated November 5, 2008 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML083230111 ), Northern States Power Company- Minnesota (NSPM, the licensee), doing business as Xcel Energy, submitted an extended power uprate (EPU) license amendment request to revise the MNGP Renewed Operating License and technical specifications to increase the maximum authorized licenses thermal power level from 1775 megawatts thermal (MWt) to 2004 MWt.

On November 20, 2012, NSPM presented to the NRC the results of a Gap Analysis performed to verify the adequacy of EPU documentation. In a letter dated February 27, 2013 (ADAMS

• Accession No. ML13064A432), the licensee submitted its second Gap Analysis response to the NRC. The submittal included, as Enclosure 6, an affidavit executed on February 25, 2013, by Linda C. Dolan of GE-Hitachi (GEH) Nuclear Energy Americas, LLC. The affidavit was executed to support withholding Enclosure 3 from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390. The affidavit stated that Enclosure 3 should be considered exempt because it contains:

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 his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

We have reviewed the GEH affidavit in accordance with the requirements of 10 CFR 2.390 and, on the basis of its statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, Enclosure 2, which is 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.

K. D. Fili We have reviewed the GEH affidavit in accordance with the requirements of 10 CFR 2.390 and, on the basis of its statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, Enclosure 2, which is 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. of the January 31, 2013, submittal was provided as a non-proprietary version of , and was released to the public (ADAMS Accession No. ML13037A201 ).

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 301-415-3049.

Sincerely,

_-.---/ 42Yi .

~T?~ .M erry A. Beltz, en1or ProJect anager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263 cc: James F. Harrison Vice President Fuel Licensing GE Hitachi Nuclear Energy 3901 Castle Hayne Road Wilmington, NC 28401 Additional Distribution via ListServ

ML13037A201 ).

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 301-415-3049.

Sincerely,

/RAJ Terry A. Beltz, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263 cc: James F. Harrison Vice President Fuel Licensing GE Hitachi Nuclear Energy 3901 Castle Hayne Road Wilmington, NC 28401 Additional Distribution via ListServ DISTRIBUTION PUBLIC RidsNrrDorllpl3-1 Resource RidsNrrDeEicb Resource RidsNrrLAMHenderson Resource RidsAcrsAcnw_MaiiCTR Resource RidsNrrDssSrxb Resource RidsRgn3MaiiCenter Resource RidsNrrDoriDpr Resource T. Mossman, NRO LPL3-1 RIF RidsNrrPMMonticello Resource B. Parks, NRR

. ADAMS Accession No ..* ML13239A002 OFFICE LPL3-1/PM LPL3-1/LAiT LPL3-1/LA SRXB/BC EICB/BC LPL3-1/BC LPL3-1/PM NAME TBeltz MHenderson SRohrer CJackson JThorp RCarlson TBeltz DATE 09/17/13 09/04/13 09/05/13 09/27/13 09/30/13 10/07/13 10/08/13