ML20209G368

Advises That Info Submitted in & 990519 Affidavit Re Design & Licensing Rept,Davis-Besse,Unit 1 Cask Pit Rack Installation Project,Holtec Intl, HI-981933,marked Proprietary,Will Be Withheld from Public Disclosure

ML20209G368
Person / Time
Site:	Davis Besse
Issue date:	07/15/1999
From:	Stewart Bailey NRC (Affiliation Not Assigned)
To:	Campbell G CENTERIOR ENERGY
References
TAC-MA5477, NUDOCS 9907190137
Download: ML20209G368 (3)

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{ NUCLEAR REGULATORY COMMISSION

• WASHINGTON, D.C. 20566-0001 July 15, 1999 o\ *****p/ i Mr. Guy G. Campbell, Vice President - Nuclear FirstEnergy Nuclear Operating Company 5501 North State Route 2 Oak Harbor, OH 43449-9760

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE i (TAC NO. MA5477)

Dear Mr. Campbell:

By letter from FirstEnergy Nuclear Operating Company (FENOC) dated May 21,1999, and j Holtec International's affidavit executed by Scott H. Pellet dated May 19,1999, you submitted a l proprietary document entitled, " Design and Licensing Report, Davis-Besse Unit 1 Cask Pit Rack l Installation Project, Holtec International," HI-981933, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. A non-proprietary version was also included in the submittal for placement in the public document room.

Holtec stated that the information should be considered exempt from mandatory public disclosure because it contains the following:

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 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."

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Mr. Guy G. Campbell Davis-Besse Nuclear Power Station, Unit 1 FirstEnergy Nuclear Operating Company cc:

l Mary E. O'Reilly Robert E. Owen, Chief FirstEnergy Bureau of Radiological Health 76 South Main Street Service Akron, OH 44308 Ohio Department of Health P.O. Box 118 Columbus, OH 43266-0118 James L. Freels Manager- Regulatory Affairs FirstEnergy Nuclear Operating Company James R. Williams, Executive Director Davis-Besse Nuclear Power Station Ohio Emergency Management Agency 5501 North State - Route 2 2855 West Dublin Granville Road Oak Harbor, OH 43449-9760 Columbus, OH 43235-2206 Jay E. Silberg, Esq. Director Shaw, Pittman, Potts Ohio Department of Commerce and Trowbridge Division of Industrial Compliance 2300 N Street, NW. Bureau of Operations & Maintenance Washington, DC 20037 6606 Tussing Road P.O. Box 4009 Regional Administrator Reynoldsburg, OH 43068-9009 U.S. Nuclear Regulatory Commission 801 Warrenville Road Ohio Environmental Protection Agency Lisle, IL 60523-4351 DERR-Compliance Unit ATTN: Zack A. Clayton Michael A. Schoppman P.O. Box 1049 Framatome Technologies incorporated Columbus, OH 43266-0149 1700 Rockville Pike, Suite 525 Rockville, MD 20852 State of Ohio Public Utilities Commission Resident inspector 180 East Broad Street U.S. Nuclear Regulatory Commission Columbus, OH 43266-0573 5503 North State Route 2 Oak Harbor, OH 43449 9760 Attomey General Department of Attorney James H. Lash, Plant Manager 30 East Broad Street FirstEnergy Nuclear Operating Company Columbus, OH 43216 Davis-Besse Nuclear Power Station 5501 North State Route 2 President, Board of County Oak Harbor, OH 43449-9760 Commissioners of Ottawa County Port Clinton, OH 43252 l

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I Mr. G. Campbell . We have reviewed your application and the material in accordance with the requirements of I 10 CFR 2.790 and, on the basis of Holtec's statements, have determined that the submitted <

information sought to be withheld contains trade secrets or proprietary commercial information and should be withheld from public disclosure.

Therefore, we have determined that the document entitled, " Design and Licensing Report,

' Davis-Besse Unit 1 Cask Pit Rack Installation Project, Holtec Intemational," HI-981933, marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Sechon 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 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 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.

J Sincerely, Original signed by Stewart N. Bailey, Project Manager, Section 2 Project Directorate 111 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-346 f

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