ML20196J807

Informs That Info Provided in Ue Ltr Entitled, Addl Info Requested for Topics Discussed During 981014 & 15 Meeting, Marked Proprietary,Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5) & Section 103(b) of AEA

ML20196J807
Person / Time
Site:	Callaway
Issue date:	12/07/1998
From:	Mel Gray NRC (Affiliation Not Assigned)
To:	Pellet S HOLTEC INTERNATIONAL
References
NUDOCS 9812110033
Download: ML20196J807 (3)

Text

[f \ UNITED STATES [p. /df,J g NUCLEAR REGULATORY COMMISSION -

s. . wasmwetou, o.c. assowan

1. ' December 7, 1998 Mr. Scott H. Pellet Project Manager

• Holtec international Holtec Center 555 Lincoln Drive West Marlton, New Jersey 08053

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE -

HOLTEC INTERNATIONAL

Dear Mr. Pellet:

By letter dated November 3,1998, Union Electric Company (UE) submitted additional information requested by the NRC staff. The additional information supports an application for license amendment that would allow reracking of the Callaway spent fuel pool. The letter requested that the information be withheld from public disclosure pursuant to 10 CFR 2.790.

An affidavit, dated October 30,1998, executed by you for Holtec intomational, the owner of the information, was included in the application. Holtec Intemational states that the submitted information, " Additional Information Requested fo" the Topics Discussed During the October 14 and 15,1998 Meeting," should be considered exempt from mandatory puolic disclosure for the following reasons:

"(a) Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention ofits use by Holtec's competitors without license from Holtec Intemational 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.

(d) Information which reveals aspects of past, present, or future Holtec intomational l customer-funded development plans and programs of potential comrnercial value to Holtec Intemational. '

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

. We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be ,

i withheld from public disclosure. )

A ,. W\ 0 9812110033 981207 PDR ADOCK 05000483 4 me FIE CEfREWAPY l

-..m.,..-- , -

l l

J-l Mr. Scott H. Pellet December 7,1998  ;

f Therefore, we have determined that the information provided in the November 3,1998, letter l from Union Electric entitled " Additional information Requested for the Topics Discussed During  ;

the October 14 and 15,1998 Meeting," marked as proprietary, wi!! be withheld from the public i disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of l 1954, as amended. i Withholding from public inspection shall not affect the right, if any, of persons properly ard l directly concerned to inspect the documents. If the need arises, we may send copies of this l 4

information to our consultants working in this area. We will, of course, ensure that the  :

consultants have signed the appropriate agreements for handling proprietary informatici l i

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 l

. 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 I request includes your information. In all review situations, if the NRC makes a determination i adverse to the above, you will be notified in advance of any public disclosure. j Sincerely, Original Signed By l Mel Gray, Project Manager l Project Directorate IV-2  ;

Division of Reactor Projects - Ill/IV Office of Nuclear Reactor Regulation j l

Docket No. 50-483 DISTRIBUTION )

Docket j cc: See next page PUBLIC l PDIV-2 Reading )

EAdensam (EGA1)

WBateman MGray EPeyton GBagchi MPSiemien, OGC PGwynn, Region IV WJohnson, Region IV Document Name: CALA1113. PRO OFC Pp4-2/ r PDIV-2 Eh8 OGC k h N.AME hG hkeytk hgMi MPSiemien l DATE 11/fo/98 11 PJd98 4/ /98 12/ f/ 98 OFFICIAL RECORD COPY j t

e ,

Mr. Scott H. Pellet December 7,1998 l

oc' -

Professional Nuclear Mr. Otto L. Maynard  !

Consulting, Inc. President and Chief Executive Officer 19041 Raines Drive Wolf Creek Nuclear Operating Corporation l' Derwood, Maryland 20855 Post Office Box 411 Buriington, Kansas 66839 ,

John O'Neill, Esq. -

Shaw, Pittman, Potts & Trowbridge Mr. Dan 1. Bolef, President ,

2300 N. Street, N.W. Kay Drey, Representative j Washington, D.C. 20037 Board of Directors Coalition for the Environment Mr. H. D. Bono 6267 Delmar Boulevard l

Supervising Engineer University City, Missouri 63130 Quality Assurance Regulatory Support Union Electric Company Mr. Lee Fritz Post Office Box 620 Presiding Commissioner i Fulton, Missouri 65251 Callaway County Court House >

10 East Fifth Street U.S. Nuclear Regulatory Commission Fulton, Missouri 65151 l Resident inspector Office l 8201 NRC Road Mr. Alan C. Passwater, Manager  !

Steedman, Missouri 65077-1302 Licensing and Fuels .

Union Electric Company Mr. J. V. Laux, Manager Post Office Box 66149 Quality Assurance St. Louis, Missouri 63166-6149 i Union Electric Company Post Office Box 620 Mr. Garry L. Randolph  ;

Fulton, Missouri 65251 Vice President and Chief Nuclear Officer Union Electric Company i Manager- Electric Department Post Office Box 620 Misso'Jri Public Service Commission Fulton, Missouri 65251 301 W. High Post Office Box 360 Jefferson City, Missouri 65102 Regional Administrator, Region IV ]

i U.S. Nuclear Regulatory Commission Harris Tower & Pavilion 611 Ryan Plaza Drive, Suite 400 Arlington, Texas 76011-8064 Mr. Ronald A. Kucera, Deputy Director Department of Natural Resources

. P.O. Box 176 J Jefferson City, Missouri 65102 l

l

_ _- -_. _.