ML20206C855

Informs That Util 990406 Submittal, Licensing Rept for Reracking of Ja FitzPatrick Spent Fuel Pool,Rev 7, Will Be Marked as Proprietary & Will Be Withheld from Public Disclosure Pursuant to 10CFR2.790(b)(5) & Section 103(b)

ML20206C855
Person / Time
Site:	FitzPatrick
Issue date:	04/27/1999
From:	Williams J NRC (Affiliation Not Assigned)
To:	James Knubel POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
References
TAC-M99824, NUDOCS 9905030223
Download: ML20206C855 (5)

Text

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ato 8b t UNITED STATES g g NUCLEAR REGULATORY COMMISSION o

• WASHINGTON, D.C. 20555-0001

% y,,, # April 27,1999 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 (TAC NO. M99824)

Dear Mr. Knubel:

By your application dated December 3,1998, and an affidavit dated April 6,1999, executed by Scott H. Pellet of Holtec Inte, national, you submitted " Licensing Report for Reracking of J. A.

FitzPatrick Spent Fuel Pool, Revision 7.' requesting that if be withheld from public disclosure pursuant to 10 CFR 2.790. A nonpropristary version of this report was submitted for placement in the NRC public document room.

The affidavit stated 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 the prevention of its use by Holtec Intemational'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;

c. Information which reveals aspects of past, present, or future Holtec International customer-funded development plans and programs of potential commercial value i to Holtec Intemational; and b

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 intemational and NYPA in accordance with the requirements of 10 CFR 2.790 and, on the basis of statements by Mr. Pellet, have hI h (

l determined that the submitted information sought to be withheld contains trade secrets or i proprietary commercial information.

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

NIn , d $ f r1^ ora v 9905030223 99042733 PDR ADOCK 050 ,

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-: J. Knubel 'D-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.

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.

If you have any questions regarding this topic, I can be reached at (301)415-1470.

i Sincerely, Original signed by: I J

Joseph F. Williams, Project Manager, Section 1 Project Directorate 1 3 Division of Licensing Project Management l Office of Nuclear Reactor Regulation l

Docket No. 50-333 cc: See next page DISTRIBUTION:

e Docket File 4 S. Little M.P. Siemien, OGC PUBLIC J. Williams PDI R/F OGC J. Zwolinski/S. Black S. Bajwa R. Blough, Region I  !

DOCUMENT NAME: G:\FITZ\ PRO 99824.WPD To receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" = No copy ,

OFFICE PD!-1/PM //]s/ I PDb1/L4 ( l OGC ,,(( lL PDI-1/SC a l NAME JWMems: Ice w - ' SLittia? MPSiemien WY T SBajwa 8VQ DATE Y/ 3L/09 # H /M 199 3 /*)l499 4 /2 7/99 OFFICIAL RECORD COPY 1

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, Apri1 27,1993, Withholding from public inspection shall not affect the right, if any, of persons properiy 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 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.

If you have any questions regarding this topic, I can be reached at (301)415-1470.

Sincerely, Original signed by:

Joseph F. Williams, Project Manager, Section 1 Project Directorate i Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-333 cc: See next page DISTRIBUTION:

Docket File S. Little M.P. Siemien, OGC PUBLIC J. Williams PDI R/F OGC J. Zwolincki/S. Black S. Bajwa R. Blough, Region I i

DOCUMENT NAME: G:\FITZ\ PRO 99824.WPD To receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" = No copy _ ,

OFFICE PDI-1/PM //Jg / [ PDI-1/L4 Q. l OGC ,j[ lCM PDI-1/SC a l NAME JWilliams:lce w - Slittl# MPSiemien \VIY T SBajwa sfVQ DATE Yl3L/99 # 4 / AlI99 3 / W 99 4 /2 7/99 OFFICIAL RECORD COPY

F.

l J. Knubel 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. 4 J

If the basis for withholding this information from public disclosure should change in the future such that the information .Dfd 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.

If you have any questions regarding this topic, I can be reached at (301)415-1470.

Sincerely,

, r

/

Joseph F. Williams, Project Manager, Section 1 Project Directorate i Division of Licensing Project Management Office of Nuclear Reactor Regulation  !

l Docket No. 50-333 cc: See next page I

r i l  !

1 I

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e James A. FitzPatrick Nuclear Power Plant Mr. Gerald C. Goldstein Mr. F. William Valentino, President ,

Assistant General Counsel New York State Energy, Research,  !

Power Authority of the State and Development Authority {

of New York Corporate Plaza West 1633 Broadway 286 Washington Avenue Extension New York, NY 10019 Albany, NY 12203-6399 Resident inspector's Office Mr. Richard L. Patch, Director IJ. S. Nuclear Regulatory Commission Quality Assurance l P.O. Box 136 Power Authority of the State '

Lycoming, NY 13093 of NewYork 123 Main Street  !

Mr. Harry P. Salmon, Jr. White Plains, NY 10601  ;

Vice President- Engineering Power Authority of the State Mr. Gerard Goering of NewYork 28112 Bayview Drive 123 Main Street Red Wing, MN 55066 White Plains, NY 10601 Mr. James Gagliardo Ms. Charlene D. Faison Safety Review Committee Director Nuclear Licensing 708 Castlewood Avenue Power Authority of the State Arlington, TX 76012 of NewYork 123 Main Street Mr. Arther Zaremba, Licensing Manager White Plains, NY 10601 James A. FitzPatrick Nuclear  ;

Power Plant l Supervisor P.O. Box 41 Town of Scriba Lycoming, NY 13093 i Route 8, Box 382 Oswego, NY 13126 Mr. Paul Eddy I

New York State Dept. of Mr. Eugene W. Zeltmann Public Service President and Chief Operating 3 Empire State Plaza,10th Floor Officer Albany, NY 12223 Power Authority of the State of NewYork Michael J. Colomb k 99 Washington Ave., Suite No. 2005 Site Executive Officer Albany, NY 12210-2820 James A. FitzPatrick Nuclear Power Plant P.O. Box 41 Charles Donaldson, Esquire Lycoming. NY 13093 Assistant Attorney General flew York Department of Law ,

120 Broadway New York, NY 10271 Regional Adininistrator, Region i U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406