ML20207F312

Informs That Info Provided in Entitled, Addl Info Requested for Topics Discussed During Oct 14-15 Meeting, from Wcnoc,Marked as Proprietary Will Be Withheld from Public Disclosure Per 10CFR2.790(b)(5)

ML20207F312
Person / Time
Site:	Wolf Creek
Issue date:	03/03/1999
From:	Thomas K NRC (Affiliation Not Assigned)
To:	Pellet S HOLTEC INTERNATIONAL
References
NUDOCS 9903110219
Download: ML20207F312 (3)

Text

'! p ncy f s y1,  ?*, UNITED STATES j

l, li NUCLEAR REGULATORY COMMISSION gg o' 4" WASHINGTON, D.C. 20555-0001

/ March 3,1999 I

Mr. Scott H. Pellet l Holtec international 555 Lincoln Drive West Marlton, New Jersey 08053

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE -

HOLTEC INTERNATIONAL

Dear Mr. Pellet:

By letter dated November 20,1998, Wolf Creek Nuclear Operating Corporation submitted additional information in response to a meetiru held with the NRC staff and Union Electric Company. This information supports their apphcation for amendment to the Wolf Creek Generating Station technical specifications for rerack of the spent fuel pool. The letter requested that certain information contained in the submittal be withheld from public disclosure pursuant to 10 CFR 2.790. The NRC staff requests that you provide a copy of the non-proprietcry version for placement in the public document rooms.

An affidavit, dated October 30,1998, from Holtec International, the owner of the information was included in the letter. Holtec International states that the submitted information 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 prevention of its use by Holtec's competitors without license from Holtec International 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.

d. Information which reveals aspects of past, present, or future Holtec International D

customer-funded development plans and programs of potential commercial value to Holtec International;

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

/ D\

We have reviewed the application and the materialin accordance with the requirements of 10 CFR 2.790 and, on the basis of Holtec International's statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

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. Mr. Scott H. Pellet March 3, 1999  !

Therefore, we have' determined that the information provided in the November 20,1998, letter i entitled, " Additional Information Requested for the Topics Discussed During the October 14 and i 15 Meeting," from. Wolf Creek Nuclear Operating Corporation, marked as proprietary will be i i 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 disclosure 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 l information to our consultants working in this area. We will, of course, ensure that the  :

j '~ . consultants have signed the appropriate agreements for handling proprietary information.  ;

i i

! if the basis for withholding this information from public inspection should change in the future l such that the information could then be made available for public inspection, you should l 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 i 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. ,

i l

Sincerely,' .

Original Signed By Kristine M. Thomas, Project Manager Project Directorate IV-2 Division of Licensing Project Management

- Office of Nuclear Reactor Regulation cc: See next page- DISTRIBUTIOld:

l- ,

Docket . '

PUBLIC i PDIV-2 Reading = l EAdensam l WBateman j l' . KThomas l . GBagchi - i L ' EPeyton

. MPSiemien, OGC

! ~ KBrockman, Region IV

l. BJohnson, Region IV

.*For previous concurrences see attached ORC Document Name: WCWTH.WPD l OFC- PDIV-2 PDIV-2 ECGB* OGC*

- om NAME KTH5fda? EPeytoF GBaachi MPSiemien DATE 3 / 1 /99 3 /&/99 1 / 21 /99 2 / 17 /99 1

' OFFICIAL RECORD COPY

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l Mr. Scott H. Pellet - March 3, 1999 l 1:

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. cc: 3 L .' Jay Silberg, Esq. .

Chief Operating Officer  !

Shaw, oittman, Potts & Trowbridge Wolf Creek Nuclear Operating Corporation i 2300 N Street, NW .

P. O. Box 411 Washington, D.C. ' 20037 Burlington, Kansas 66839 l Regional Administrator, Region IV Supervisor Licensing  ;

L U.S. Nuclear Regulatory Commission Wolf Creek Nuclear Operating Corporation J 611 Ryan Plaza Drive, Suite 1000 P.O. Box 411 .

Arlington, Texas . 76011 ' Burlington, Kansas 66839 i- 1

' Senior Resident inspector U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission - Resident inspectors Office P O.' Box 311 8201 NRC Road Burlington, Kansas 66839 Steedman, Missouri 65077-1032

< Chief Engineer Mr. Otto L; Maynard Utilities Division President and Chief Executive Officer-Kansas Corporation Commission Wolf Creek Nuclear Operating Corporation 1500 SW Arrowhead Road Post Office Box 411 Topeka, Kansas- 66604-4027 Burlington, Kansas 66839 Office of the Govemor -

State of Kansas

Topeka, Kansas 66612 Attorney General

. Judicial Center c 301 S.W.10th '  !

- 2nd Floor j iTopeka, Kansas 66612 l L - County Clerk l Coffey County Courthouse Burlington, Kansas 66839

.Vick L. Cooper, Chief ,

g Radiation Control Program - .

- Kansas Department of Health i

L and Environment .  !

Bureau of Air and Radiation  ;

Forbes Field Building 283 - i

' Topeka, Kansas 66620 H

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