ML20206G639

Informs That Version of Holtec Intl Rept HI-981932 Marked as Proprietary Submitted by Util Will Be Withheld from Pubic Disclosure Per 10CFR2.790(b)(5) & Section 103(b) of AEA of 1954,as Amended

ML20206G639
Person / Time
Site:	Vermont Yankee
Issue date:	05/04/1999
From:	Croteau R NRC (Affiliation Not Assigned)
To:	Maret G VERMONT YANKEE NUCLEAR POWER CORP.
References
TAC-MA3490, NUDOCS 9905100095
Download: ML20206G639 (4)

Text

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92W y" k UNITED STATES l j t

NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20666-0001 i

sG' May 4, 1999 Mr. Gregory A. Maret Director of Operations Vermont Yankee Nuclear Power Corporation 185 Old Ferry Road Brattleboro, VT 05301

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE VERMONT YANKEE NUCLEAR POWER STATION (TAC NO. MA3490)

Dear Mr. Maret:

By letter dated April 16,1999, Mr. Don M. Leach of Vermont Yankee Nuclear Power 1 Corporation submitted Holtec International's affidavit dated March 31,1999, 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 10 CFR 2.790. A non-proprietary version of the document was also submitted for placement in the public document room. The information which is j proprietary in the proprietary version is indicated with backshading, and where the proprietary i 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 mandatory public disclosure since it constitutes:

I

a. information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtec's competitors without license from Holtec International constitutes a competitive economic advantage  ;

over other companies; j

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 l

to Holtec International;

d. Information which disclosos patentable subject matter for which it may be desirable to obtain patent potection.

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

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'00042 E@ '2 Ed570.1603 I 9905100095 990504 PDR ADOCK 05000271 1 P PDR j

_--_--____-__--___-__a

t 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 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.

If the basis for withholding this information from public l'ispection 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.

Sincer ,

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llG 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

G. Maret -2 May 4, 1999 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 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.

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 I 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, ORIGINAL SIGNED BY:

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 3 PUBLIC PDI-2 Reading JZwolinski/SBlack JClifford RCroteau TClark MPSiemien, OGC LKopp OFFICE PDI-2/PM _ PDI 2/LA SRXB OGC /Af[ PDI-2/SC NAME RCroteauhb TCl LKopp MPSi{rde JClb nATF A /[h/99 h /N/99 k /d/99 99 I/ ' /99 OFFICIAL RECORD COPY DOCUMENT NAME

PROP 3490.wpd h

Vermont Yankee Nuclear Power Station cc:

Regional Administrator, Region i U. S. Nuclear Regulatory Commission Jonathan M. Block, Esq.

475 Allendale Road Main Street King of Prussia, PA 19406 P. O. Box 566 Putney, VT 05346-0566 Mr. David R. Lewis Shaw, Pittman, Potts & Trowbridge Mr. Raymond N. McCandless 2300 N Street, N.W. Vermont Division of Occupational Washington, DC 20037-1128 and Radiological Health Administration Building Mr. Richard P. Sedano, Commissioner Montpelier, VT 05602 Vermont Department of Public Service 120 State Street,3rd Floor Mr. Gautam Sen Montpelier, VT 05602 Licensing Manager Vermont Yankee Nuclear Power Public Service Board Corporation State of Vermont 185 Old Ferry Road 120 State Street Brattleboro, VT 05301 Montpelier, VT 05602 Resident inspector -

Chairman, Board of Selectmen Vermont Yankee Nuclear Power Station Town of Vemon U. S. Nuclear Regulatory Commission .

P.O. Box 116 P.O. Box 176 Vernon, VT 05354-0116 Vernon, VT 05354 Mr. Richard E. McCullough Mr. Peter LaPorte, Director Operating Experience Coordinator ATTN: James Muckerheide Vermont Yankee Nuclear Power Station Massachusetts Emergency Management P.O. Box 157 Agency Governor Hunt Road 400 Worcester Rd.

Vernon, VT 05354 P.O. Box 1496 Framingham, MA 01701-0317 G. Dana Bisbee, Esq.

Deputy Attorney General Mr. Gregory A. Maret 33 Capitol Street Director of Operations Concord, NH 03301-6937 Vermont Yankee Nuclear Power Corp.

185 Old Ferry Road Chief, Safety Unit Brattleboro, VT 05301 Office of the Attomey General One Ashburton Place,19th Floor Boston, MA 02108 Ms. Deborah B. Katz Box 83 Shelburne Falls, MA 01370