ML15140A147

Request for Withholding Information from Public Disclosure (GE-Hitachi LLC) Associated with the Areva Extended Flow Window License Amendment Request

ML15140A147
Person / Time
Site:	Monticello
Issue date:	09/28/2015
From:	Beltz T Plant Licensing Branch III
To:	Gardner P Northern States Power Co
Beltz T
References
TAC MF5002
Download: ML15140A147 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 28, 2015 Mr. Peter A. Gardner Site Vice President Northern States Power Company - Minnesota Monticello Nuclear Generating Plant 2807 West County Road 75 Monticello, MN 55362

SUBJECT:

MONTICELLO NUCLEAR GENERATING PLANT - REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MF5002)

Dear Mr. Gardner:

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated October 3, 2014 (Agencywide Documents Access and Management System (ADAMS) Package Accession No. ML14283A125), Northern States Power Company, a Minnesota corporation, doing business as Xcel Energy, submitted a license amendment request application to revise the technical specifications and approve certain analytical methods to support operation in the expanded power-flow operating domain described as the Extended Flow Window (EFW) at the Monticello Nuclear Generating Plant (Monticello). 5 (located at ADAMS Accession No. ML14283A123) of the October 3, 2014, application, included an affidavit executed by James F. Harrison, Vice President, Regulatory Affairs, GE-Hitachi Nuclear Energy Americas LLC (GEH), requesting that information designated proprietary 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 1 of Enclosure 1, "Reactor Protection for EFW Operation (Proprietary)." The associated affidavit was executed on August 6, 2014.

The affidavit states that the information submitted 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 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 the GEH affidavit in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the information sought to be withheld in the submittal contains proprietary commercial information and should be withheld from public disclosure. Therefore, Attachment 1 to Enclosure 1, which is marked as proprietary,

P. Gardner 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.

A non-proprietary version of Attachment 1 to Enclosure 1 is available in the NRC's Public Document Room and added to the NRC Library at ADAMS Accession No. ML14283A119.

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, 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: Mr. James F. Harrison, Vice President Regulatory Affairs GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional Distribution via Listserv

ML14283A119.

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, IRA/

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: Mr. James F. Harrison, Vice President Regulatory Affairs GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional Distribution via Listserv DISTRIBUTION:

PUBLIC RidsNrrDorlLpl3-1 Resource GThomas, NRR/DSS/SRXB LPL3-1 Reading RidsAcrsAcnw_MailCTR Resource DSaenz, NRR/DSS/SRXB RidsNrrLAKGoldstein Resource RidsNrrDssSrxb Resource MPanicker, NRR/DSS/SNPB RidsNrrPMMonticello Resource RidsNrrDssSnpb Resource RidsRgn3Mai1Center Resource ADAMS Accession No: ML15140A147 OFFICE LPL3-1/PM LPL 1-1/LA DSS/SRXB/BC DSS/SNPB/BC LPL3-1/BC LPL3-1/PM NAME TBeltz KGoldstein CJackson JDean DPelton TBeltz DATE 05/20/15 05127 /15 09/23/15 05/30/15 09/24/15 09/28/15