ML20206R833

Advises That, Licensing Rept for Reracking Nine Mile,Unit 1 Spent Fuel Pool, Will Be Withheld from Public Disclosure, Per 10CFR2.790

ML20206R833
Person / Time
Site:	Nine Mile Point
Issue date:	01/14/1999
From:	Hood D NRC (Affiliation Not Assigned)
To:	Mueller J NIAGARA MOHAWK POWER CORP.
References
TAC-MA1945, NUDOCS 9901200283
Download: ML20206R833 (5)

Text

- . . . - - - - . . - --- ~ . . . . . - . . - - - . . - - .

~ ,, y ,,  !

uq

~..

[ fur k "

UNITED STATES l

j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30886 4 001 p

January 14, 1999 i

Mr. John H. Mueller Chief Nuclear Officer Niagara Mohawk Power Corporation Nine Mile Point Nuclear Station Operations Building, Second Floor P.O. Box 63 Lycoming, NY 13093

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE

. NINE MILE POINT NUCLEAR STATION, UNIT NO.1 (TAC NO. MA1945)

Dear Mr. Mueller:

By your application dated May 15,1998, as supplemented December 9,1998, with affidavits dated April 17,1998, and November 19,1998, executed by Steven D. Soler, and Michael P.

McNamara of Holtec Intemational respectively, you submitted " Licensing Report for Reracking Nine Mile Unit 1 Spent Fuel Pool," and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary version was also submitted for placement in the NRC public document room.

The affidavits stated that the submitted information should be considered exempt from mandatory public disclosure because it consists of:

1. Information that discloses a process, method, or apparatus, including supporting l data and analyses, where prevention of its use by Holtec's competitors without j license for Holtec Intemational constitutes a competitive economic advantage over '

other companies;

2. Information which, if used by a competitor, would reduce his expend,ture of {

resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, orlicensing of a similar product.

I

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

Holtec Intemational.

4. 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. '

- Therefore, the version (s) of the submitted information marked as proprietary will be withheld I from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic '

Energy Act of 1954, art amended. I(g n r. % D 1 9901200283 990114 m y DR ADOCK 0 0 iM 21C L C r"_ir*1 m-r y j g

January 14, 1999 Withholding from public inspection shall not affect the right, if any, of persons property 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 inspection should change in the future j 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 yourinformation. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerel ,

fI Darl S. Hood, Senior Project Manager Project Directorate 1-1 Division of Reactor Projects - 1/11 Office of Nuclear Reactor Regulation Docket No. 50-220 cc: See next page DISTRIBUTION:

Docket File PUBLIC

, PDI-1 R/F J. Zwolinski (A)

S. Bajwa S. Little D. Hood M.P. Siemien, OGC and (e-mail MPS) l C. Hehl, Region I DOCUMENT NAME: G:\NMPi\ PRO 1945.WPD l To r:ceive a copy of this document, Indicate in the box: "C" = Copy without attachment / enclosure

! "E" = Copy with attachment / enclosure W' = No copy 0FFICE PM:PDI-1 . lE LA:PDI h S l D:PDI 1 m/) l OGC 3r l f NAME Dhood/rst % d % f SLittl W SBajwa /87'N MPSiemien IDD DATE 124 -f96 ' ' ' 12/30/98 9/ tu /9a 4/WM

~

WNTl Official Record Copy 3 l

January 14, 1999 l

1 I

l

. 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. i if the basis for withholding this information from public inspection should change in the future j 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, 3 h Darl S. Hood, Senior Project Manager ')

Project Directorate 1-1 1 Division of Reactor Projects - 1/11 Office of Nuclear Reactor Regulation Docket No. 50-220 cc: See next page DISTRIBUTION:

Docket File 1 PUBLIC PDI-1 R/F J. Zwolinski (A) l S. Bajwa S. Little D. Hood M.P. Siemien, OGC and (e-mail MPS)

C. Hehl, Region i DOCUMENT NAME: G:\NMP1\ PRO 1945.WPD To r:ceive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" = No copy i 0FFICE PM:PDI-1 . lE LA:PDI-hY l D:PDI-1 g jJ l OGC . ,, n l f NAME Dhood/ M Y A VJ M f Slitt V SBajwa M'R MPSiernt en f Yin DATE 124-- -f9& *

• 12/30/98 9/ tu /9a ft/ WW

~

l M Tl Official Record Copy '

l 1

l

. 1 m

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 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 yourinformation. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincere!

Ih /

Darl S. Hood, Senior Project Manager Project Directorate 1-1 Division of Reactor Projects - 1/11 Office of Nuclear Reactor Regulation Docket No. 50-220 cc: See next page l

_ _ . _ , m

. .. , g John H. Mueller Nine Mile Point Nuclear Station Niagara Mohawk Power Corporation Unit No.1 cc:

! Regional Administrator, Region i U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia PA 19406 Resident inspector U.S. Nuclear Regulatory Commission g P.O. Box 126

+

Lycoming, NY 13093 Charles Donaldson, Esquire Assistant Attomey General l New York Department of Law 120 Broadway-New York, NY 10271 i Mr. Paul D. Eddy

- State of New York '

Department of Public Service ,

Power Division, System Operations 3 Empire State Plaza i Albany, NY 12223 i

Mr. F. William Valentino, President l - - New York State Energy, Research, _

and Development Authority Corporate Plaza West 286 Washington Avenue Extension Albany, NY 12203-6399 Mark J. Wettertiahn, Esquire L Winston & Strawn 1400 L Street, NW Washington, DC 20005-3502

- Gary D. Wilson, Esquire - - - -- - - ~

~~

~T Niagara Mohawk Power Corporation 300 Erie Boulevard West

! Syracuse, NY 13202 I Supervisor

' Town of Scriba Route 8, Box 382 Oswego, NY 13126 p

a

-m__ _ , _ . . _ . , _ . . ._. _ - _ _ _