ML20205K746

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Advises That Info Contained in Holtec Intl Affidavit, Will Be Withheld from Public Disclosure,Per 10CFR2.790
ML20205K746
Person / Time
Site: Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date: 04/08/1999
From: Croteau R
NRC (Affiliation Not Assigned)
To: Maret G
VERMONT YANKEE NUCLEAR POWER CORP.
References
TAC-MA3490, NUDOCS 9904140005
Download: ML20205K746 (4)


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April 8,1999 Mr. Gregory A. Maret Director of Operations Vermont Yankee Nuclear Power Corporhtion 185 Old Ferry Road Brattleboro, VT 05301

SUBJECT:

REQUEST FOR WITHHOI. DING INFORMATION FROM PUBLIC DISCLOSURE VERMONT YANKEE NLCLEAR POWER STATION (TAC NO. MA3490)

Dear Mr. Maret:

By letter dated February 8,1999, Mr. Don M. Leach of Vermont Yankee Nuclear Power Corporation submitted Holtec Intemational's affidavit dated February 2,1999, executed by Mr. Michael P. McNamara, requesting that the revised pages to Holtec Report Hi-981932,

" Vermont Yankee Nuclear Power Station Spent Fuel Storage Expansion Project," be withheld from public disclosure pursuant to Title 10 of the Code of Federal Reaulations (10 CFR),

Section 2.790. A non-proprietary version of the document was also submitted for placement in the public document room.- The information which is proprietary in the proprietary version is indicated with backshading, and where the proprietary information has been deleted in the non-proprietary version, only backshading remains (information that was backshaded in the proprietary version having been deleted).

The affidavit stated that the information submitted should be considered exempt from mandator'y public disclosure since it constitutes:

Information that discloses a process, method, or apparatus, including supporting a.

data and analyses, where prevention of its 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; Information 'phich reveals aspects of past, present, or future Holtec Intemational c.

customer-funded development plans and programs of potential commercial value to Holtec intemational; d.

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

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We have reviewed your application and the material in accordance with the requirements of 1'

10 CFR 2.790 and, on the basis of your statements, have determined that the submitted l

information sought to be withheld contains trade secrets or proprietary commercial information.

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Therefore, the version of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

Withholding from public intpechon 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 appropnate agreements for handling propnetary information.

If the basis for withholding this information from public inspechon should change in the future such that the information could then be made available for public inspection, you should promptly otify 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 situationi,, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely,

/s/

Richard P. Croteau, Project Manager, Section 2 Project Directorate i Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-271 cc: See next page DISTRIBUTION Docket File',

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1 G. Maret Therefore, the version of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

Withholding from public inspection shall not affect the right, if any, of Arsons properly and directly concemed to inspect the documents. if the need ths, 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.

Sincerely,

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Richard P. Croteau, Project Manager, Section 2 Project Directorate l Division of Licensing Project Management OMce of Nuclear Reactor Regulation Docket No. 50-271 cc: See next page i

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G. Maret Vermont Yankee Nuclear Power Station ec:

Regional Administrator, Region i U. S. Nuclear Regulatory Commission Mr. Raymond N. McCandless 475 Allendale Road Vermont Division of Occupational King of Prussia, PA 19406 and Radiological Health Administration Building Mr. David R. Lewis Montpelier, VT 05602 Shaw, Pittman, Potts & Trowbridge 2300 N Street, N.W.-

Mr. Gautam Sen Washington, DC 20037-1128 Licensing Manager Vermont Yankee Nuclear Power Mr. Richard P. Sedano, Commissioner Corporation Vermont Department of Public Service 185 Old Ferry Road 120 State Street,3rd Floor Brattleboro, VT 05301 Montpelier, VT 05602 Resident inspector Public Service Board Vermont Yankee Nuclear Power Station State of Vermont U. S. Nuclear Regulatory Commission 120 State Street P.O. Box 176 Montpelier, VT 05602 Vemon, VT 05354 Chairman, Board of Selectmen Mr. Peter LaPorte, Director Town of Vemon ATTN: James Mucke heide P.O. Box 116.

Massachusetts Emergency Management Vemon, VT 05354-0116 Agency 400 Worcester Rd.

Mr. Richard E. McCullough P.O. Box 1496 Operating Experience Coordinator Framingham, MA 01701-0317 Vermont Yankee Nuclear Power Station P.O. Box 157 Jonathan M. Block, Esq.

Govemor Hunt Road Main Street Vemon, VT 05354 P. O. Box 566 Putney, VT 05346-0566

- G. Dana Bisbee, Esq.

1 Deputy Attomey General 33 Capitol Street Concord, NH 03301-6937 Chief, Safety Unit Office of the Attomey General One Ashburton Place,19th Floor

' Boston, MA 02108 L

Ms. Deborah B. Katz..

Box 83 Shelbume Falls, MA 01370

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