ML20153B334

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Advises That Matl Marked as Proprietary in from Pasn & 980625 Affidavit from Holtec Intl Will Be Withheld from Public Disclosure Per 10CFR2.790(b)(5) & Section 103(b) of Atomic Energy Act of 1954,as Amended
ML20153B334
Person / Time
Site: FitzPatrick Constellation icon.png
Issue date: 09/14/1998
From: Williams J
NRC (Affiliation Not Assigned)
To: James Knubel
POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
References
TAC-M99824, NUDOCS 9809230078
Download: ML20153B334 (5)


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September 14, 1998 Mr. James Knubel Chief Nuclear Officer Power Authority of the State of New York 123 Main Street White Plains, NY 10601

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE JAMES A. FITZPATRICK NUCLEAR POWER PLANT (l'AC NO. M99824)

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Dear Mr. Knubel:

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By a New York Power Authority (NYPA) letter dated July 23,1998, and an affidavit executed on June 25,1998, by Scott H. Pellet of Holtec Intemational at Mariton, New Jersey, Holtec Intemational submitted information regarding analyses for instnilation of additional spent fuel storage racks at the James A. FitzPatrick Nuclear Power Plant. This information was provided to 1

support review by the Nuclear Regulatory Commission staff of technical specification changes associated with the new rack installation. Holtec Intemational has requested that certain

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i information provided in the July 23,1998, letter be withheld from public disclosure pursuant to i

10 CFR 2.790.

The affidavit stated that the information submitted should be considered exempt from mandatory public disclo.are for the following reasons.

J Information that :liscloses a process, method, or apparatus, including supporting a.

data and analyses, where the prevention ofits use by Holtec Intemational's competitors without license from Holtec Ir,temational constitutes a competitive economic advantage over other companies; b.

Information which, if used by a competitor, would reduce Ns expenditure of resources or improve his competitive position in the design, manufacture, shipment, }b installation, assurance of quality, or licensing of a similar product; c.

Information which reveals aspects of past, present, or future Holtec Intemational i0 customer-funded development plans and programs of potential commercial value to

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Holtec intomational; and d.

Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.

We have reviewed the information provided by Holtec intomational and NYPA in accordance with the requirements of 10 CFR 2.700 and, on the basis of statements by Mr. Pellet, have determined that the submitted information sought to be withheld contains trade secrets or i

proprietary commercisi information.

Therefore, the submitted material marked as proprietary will be withheld from public disclosure i

pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

9809230078 980914 PDR ADOCK 05000333

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J.Knubel

'2-Withholding from public in'spection shall not affect the right, if any, of persons properly and directly concemed 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

.l consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public disclosure should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You should also 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.

Sincerely, Joseph F. Williams, Project Manager Project Directorate 1-1 Division of Reactor Projects - 1/II Office of Nuclear Reactor Regulation Docket No. 50-333 cc: See next page DISTRIBUTION:

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Withholding from public inspection shall not affect the right, if any, of persons properly and directly concemed 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.

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if the basis for withholding this information from public disclosure should change in the future such that the information could then be made available for public inspection, you should promptly 4

notify the NRC. You should also understand that the NRC may have cause to review this

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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 3

the above, you will be notified in advance of any public disclosure.

i Sincerely, i

f Joseph F. Williams, Project Manager Project Directorate 1-1 Division of Reactor Projects - 1/Il Office of Nuclear Reactor Regulation Docket No. 50-333

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cc: See next page j-DISTRIBUTION:

Docket File S. Little M.P. Siemien, OGC i

PUBl.lC J. Williams PDI-1 R/F OGC J. Zwolinski ACRS S. Bajwa C. Hehl, Region 1 DOCUMENT NAME: G:\\FITZ\\M99824A.PRP To receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with cttachment/ enclosure "N" = No copy OFFICE PDI-1/PM

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i J. Knubel 1 Withholding from public inspection shall not affect the right, if any, of persons properly and directly concemed 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 agreem'ents for handling proprietary information.

If the basis for withholding this information from public disclosure should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You should also 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 4

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.

4 Sincerely,

/ Joseph F. Williams, Project Manager Project Directorate 1-1 Division of Reactor Projects - 1/11 Office of Nuclear Reactor Regulation Docket No. 50-333 cc: See next page 1

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t i s James Knubel James A. FitzPatrick Nuclear Power Authority of the State Power Plant of New York cc:

Mr. Gerald C. Goldstein Regional Administrator, Region i Assistant General Counsel U.S. Nuclear Regulatory Commission Power Authority of the State 475 Allendale Road of New York King of Prussia, PA 19406 1633 Broadway New York, NY 10019 Mr. F. William Va'antino, President New York State Energy, Research, Resident inspector's Office and Development Authority U. S. Nuclear Regulatory Commission Corporate Plaza West P.O. Box 136 286 Washington Avenue Extension Lycoming, NY 13093 Albany, NY 12203-6399 Mr. Hany P. Salmon, Jr.

Mr. Richard L. Patch, Director Vice President - Engineering Quality Assurance Power Authority of the State Power Authority of the State of New' York of New York 123 Main Street 123 Main Street White Plains, NY 10601 White Plains, NY 10601 Ms. Charlene D. Faison Mr. Gerard Goerir g Director Nuclear Licensing 28112 Bayview Drive Power Authority of the State Red Wing, MN 55066 of NewYork 123 Main Street Mr. James Gagliardo White Plains, NY 10601 Safety Review Committee 708 Castlewood Avenue Supervisor Arlington, TX 76012 Town of Scriba Route 8, Box 362 Mr. Arthur Zaremba, Licensing Manager Oswego,NY 13126 James A. FitzPatrick Nuclear Power Plant Mr. Eugene W. Zeltmann P.O. Box 41 President and Chief Operating Lycoming, NY 13093 Officer Power Authority of the State Mr. Paul Eddy of New York New York State Dept. of 99 Washington Ave., Suite No. 2005 Public Service Albany, NY 12210-2820 3 Empire State Plaza,10th Floor Albany, NY 12223 Charles Donaldson, Esquire Assistant Attomey General Michael J. Colomb New York Department of Law Site Executive Officer 120 Broadway James A. FitzPatrick Nuclear Power Plant NewYork, NY 10271 P.O. Box 41 Lycoming, NY 13093 e

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