ML20207E078

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Forwards Proprietary Rev 39 to Fundamental Nuclear Matls Control Plan for Paducah Gaseous Diffusion Plant.Usec Specifically Requests That Document Be Withheld from Public Disclosure.Proprietary Encl Withheld
ML20207E078
Person / Time
Site: Paducah Gaseous Diffusion Plant
Issue date: 05/26/1999
From: Toelle S
UNITED STATES ENRICHMENT CORP. (USEC)
To: Paperiello C
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
Shared Package
ML20137S358 List:
References
GDP-99-0089, GDP-99-89, NUDOCS 9906040157
Download: ML20207E078 (5)


Text

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USEC A Geol,al Energy Company May 26,1999 GDP 99-0089 Dr. Carl J. Paperiello -

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Director, Office ofNuclear Material Safety and Safeguards Attention: Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 i

Paducah Gaseous Diffusion Plant (PGDP)

Docket No. 70-7001 Transmittal of Revision 39 to Paducah Certification Application

Dear Dr. Paperiello:

INFORMATION TRANSMITTED HEREWITH IS PROTECTED FROM PUBLIC DISCLOSURE AS CONFIDENTIAL-COMMERCIAL OR FINANCIAL INFORMATION AND/OR TRADE SECRETS PURSUANT TO 10 CFR 2.790 i

' AND 9.17(a)(4)

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Dear Dr. Paperiello; By separate letter of the same date (Letter GDP 99-0088), the United States Enrichment Corporation (USEC)is submitting to the NRC Revision 39 (May 25,1999) of USEC-01, Application for United States Nuclear Regulatory Commission Certification, Paducah Gaseous Diffusion Plant. As described in letter GDP 99-0088, the Fundamental Nuclear Materials Control Plan (FNMCP) contains confidential commercial or financial information or trade secrets that are exempt from public disclosure pursuant to Section 1314 of the Atomic Energy Act of 1954, as amended, and 10 CFR 2.790 and 9.17(a)(4).

i In accordance with 10 CFR 76.33(e), a proprietary version of the document listed below is being submitted with this letter. USEC specifically requests that the following enclosed document be withheld from public disclosure:

United States Enrichment Corporation, Fundamental Nuclear Materials Control Plan, Paducah Gaseous Diffusion Plant (Proprietary), Revision 39 The enclosed USEC affidavit provides the information required by 10 CFR 2.790(b)(4).

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9906040157 990526

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PDR ADOCK 07007001-l-

C PDR 6903 Rockledge Drive, Bethesda, MD 20817-1818 Telephone 301-564-3200 Fax 301-564-3201 http://www.usec.com Offices in Livermore, CA' Paducah, KY Portsmouth, OH Washington, DC

i Dr. Carl J. Paperiello May 26,1999-GDP 99-0089, Page 2 l-The information ' contained in USEC letter GDP 99-0088 dated May 26,1999 (including the l

accompanying oath and affirmation) is hereby incorporated by reference into this letter.

Should you have any questions regarding this matter, ' lease contact Mark Smith at (301) 564-3244.

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There are no new commitments contained in this submittal.

Sincerely,

.S. A.

I Steven A. Toelle Nuclear Regulatory Assurance and Policy Manager l

Enclosures:

1. Affidavit'
2. USEC-01, Application for United States Nuclear Regulatory Commission Certi6 cation, Paducah Gaseous Diffusion Plant, [ Fundamental Nuclear Materials Control Plan (Proprietary)], Revision 39,20 copies cc: NRC Region III Office, w/2 copies i

NRC Resident Inspector - PGDP, w/l copy NRC Resident Inspector - PORTS, w/l copy Mr. George W. Benedict, DOE, w/5 copies l

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AFFIDAVIT OF STEVEN A. TOELLE SUPPORTING APPLICATION TO WITHHOLD FROM PUBLIC DISCLOSURE CERTAIN PORTIONS OF REVISION 39 TO USEC-01 APPLICATION FOR UNITED STATES NUCLEAR REGULATORY COMMISSION CERTIFICATION PADUCAH GASEOUS DIFFUSION PLANT I, Steven A. Toelle, Nuclear Regulatory Assurance and Policy Manager, of the United States Enrichment Corporation (USEC), having been duly sworn, do hereby affirm and state:

1.

I have been authorized by USEC to (a) review the information owned by USEC which is referenced herein relating to the Paducah Gaseous Diffusion Plant and which USEC seeks to have withheld from public disclosure pursuant to section 147 of the Atomic Energy Act (AEA), as amended,42 U.S.C. Q 2167, and 10 CFR 2.790(a)(3),2.790(a)(4),2.790(d)(1) and 9.17(a)(4), and (b) apply for the withholding of such information from public disclosure by the Nuclear Regulatory Commission (NRC) on behalfof USEC.

Fundamental Nuclear Materials Control Plan 2.

Pursuant to 10 CFR 76.35(h), USEC has prepared a " Fundamental Nuclear Materials Control Plan, Paducah Gaseous Diffusion Plant" which describes the measures used by USEC at the Paducah plant to control and account for special nuclear material that USEC uses, possesses, or has access to. USEC is submitting changes to this plan to the NRC as part of Revision 39, May 25, 1999, to its application for a certificate of compliance for the Paducah plant under 10 CFR Part 76.

3.

10 CFR 2.790(d)(1) states that correspondence and reports to or from the NRC containing information concerning an applicant's material control and accounting program for special nuclear material not otherwise designated as Safeguards Information or classified as National Security Information or Restricted Data are deemed to be confidential commercial or financial information exempt from public disclosure. Accordingly, USEC requests that the Revision 39

changes to the Paducah Fundamental Nuclear Materials Control Plan be withheld from public disclosure pursuant to section 147 of the AEA,42 U.S.C.

2167, and 10 CFR 2.790(a)(3),

2.790(d)(1) and 9.17(a)(4).

3.

Steven A. Toelle, having been duly sworn, hereby confirms that I am the Nuclear Regulatory Assurance and Policy Manager of USEC, that I am authorized on behalf of USEC to review the information attached hereto and to sign and file with the Nuclear Regulatory Commission this affidavit and the attachments hereto, and that the stateraents made and matters set fonh herein are tme and correct to the best of my knowledge, information, and belief.

n S. 4.

L Steven A. Toelle On this 26th day of May 1999, the individual signing above personally appeared before me, is known by me to be the person whose name is subscribed to within the instmment, and acknowledged that he executed the same for the purposes therein contained.

In witness hereof I hereunto set my hand and official seal.

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Catherifi' 'E. Keel, Notary Public e

State of Maryland, Montgomery County My commission expires February 1,2001 i

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, to GDP 99-0089 USEC-01 Application for United States Nuclear Regulatory Commission Certification Paducah Gaseous Diffusion Plant

' Fundamental Nuclear Materials Control Plan (Proprietary).

Revision 39 (May 25,1999) 1 J

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