ML20063M047
| ML20063M047 | |
| Person / Time | |
|---|---|
| Site: | Monticello  |
| Issue date: | 02/23/1994 |
| From: | Richard Anderson NORTHERN STATES POWER CO. |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| NUDOCS 9403080400 | |
| Download: ML20063M047 (4) | |
Text
6 Northem States Power Company 414 Nicollet Mail Minneapolis, Minnesota 55401 1927 Telephone (612) 330-5500 l
February 23, 1994 l
US Nuclear Regulatory Commission 10 CFR Part 2 Attna Document Control Desk Section 2.790 Washington, D.C.
20555
]
MONTICELLO NUCLEAR GENERATING PLANT l
Docket No. 50-263 License No. DPR-22 l
l Reauest to Withhold Proprietafv Information from Public Disclosure l
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Northern States Power Company (NSP), a Minnesota corporation, hereby requests j
l that certain information provided to the Nuclear Regulatory Commission (NRC) l at a meeting held on February 2, 1994, be withheld from public disclosure due l
to its proprietary nature. The details of this request are provided in the attached affidavit.
j In making this application for withholding of proprietary information of which it is the owner, NSP relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC Sec. 552(b)(4), and the Trade Secrets Act, 18 USC Sec. 1905, and NRC regulations 10CFR9.17(a)(4), and l
2.790(a)(4) for " trade secrets and commercial or financial information obtained from a person and privileged or confidential" (Exemption 4).
The material for which exemption from disclosure is here sought is all
" confidential commercial information", and some portions also qualify under the narrower definition of " trade secret", within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Enerov Proiect v. Nuclear Reaulatory Commission 975#F2d#871 (D.C. Cir. 1992),
and Public Citizen Health Research Group v.
FDA, 704#F2d#1280 (D.C. Cir.
1983).
Some examples of categories of information which fit into the definition of proprietary information are a.
Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by NSP's l
competitors without license from NSP 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, l
manufacture, installation, assurance of quality, or licensing of a similar product; c.
Information which reveals aspects of past, present, or future NSP funded 9403080400 940223
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February 23, 1994 Page 2 I
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l development plans and programs of potential commercial value to NSP; i
j d.
Information which discloses patentable subject matter for which it may j
be desirable to obtain patent protection.'
j The information sought to be withheld is considered to be proprietary for the 1
reasons set forth in paragraphs (a) through (d), above.
i This letter contains no new NRC commitments, nor does it modify any prior commitments.
Please contact Terry Coss, Sr. Licensing Engineer, at (612) 295-j 1449 if you require additional information.
1 l
R ger O Anderson i
Director j
Licensing and Management Issues j
c Regional Administrator-III, NRC
]
NRR Project Manager, NRC j
Resident Inspector, NRC f
State of Minnesota, i
Attn Kris Sanda j
J Silberg M Connelly, NSP j
Attachment:
Affidavit of Roger O Anderson, Northern States Power Company 1
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4 UNITED STATES NUCLEAR REGULATORY COMMISSION NORTHERN STATES POWER COMPANY MONTICELLO NUCLEAR GENERATING PLANT DOCKET NO. 50-263 Request to Withhold Proprietary Information from Public Disclosure AFFIDAVIT I,
Roger O. Anderson, being duly sworn, depose and state as follows:
(1)
I am Director, Licensing and Management Issues, Northern States Power Company
("NSP") and have been delegated the function of reviewing the information deucribed in paragraph (2) which is sought to be withheld, and have been authorized to apply for its withholding.
(2)
The information sought to be withheld was provided to the NRC at a meeting between NSP and the Nuclear Regulatory Commission (NRC) held in the NRC's White Flint Offices on Wednesday, February 2, 1994. The information consists of copies of certain overhead transparencies utilized by NSP during a presentation given to the NRC staff concerning NSP's plans to repair a crack in one of the Monticello Nuclear Plant core spray headers. This information describes key technical details of NSP's designs and plans for repairing the core spray header. The proprietary information is identified by the words "NSP PROPRIETARY" on each page.
(3)
The informetion sought to be withheld was submitted to NRC in confidence. The information is of a sort customarily held in confidence by NSP, and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by NSP, no public disclosure has been made, and it is not available in public sources.
All disclosures to third parties including any required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.
j (4)
Public disclosure of the information sought to be withheld is likely to cause j
harm to NSP's competitive position and foreclose or reduce the availability of
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profit-making opportunities. The research, development, engineering, and i
analytical costs comprise a substantial investment of time and money by NSP.
The value of this information to NSP would be lost if the information were disclosed to the public. Making such information available to competitors I
without their having been required to undertake a similar expenditure of j
resources would unfairly provide competitors with a windfall, and deprive NSP l
of the opportunity to exercise its competitive advantage to seek an adequate j
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l return on its investment in developing this repair method.
l This letter contains no restricted or other defense information.
NORTHERN TATES POWER COMPANY l
By MM e
h
' Rdger O Anderson Director Licensing & Management Issues Onthis!
day of M k
before me a notary public in and for said s
l County, personally appeD ed Roger O Ander' son, Director, Licensing and Management Issues, and being first duly sworn acknowledged that he is authorized to execute this document on behalf of Northern States Power Company, that he knows the contents thereof, and that to the best of his knowledge, information, and belief the statements made in it are true and that it is not interposed for delay.
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