ML20216B691
| ML20216B691 | |
| Person / Time | |
|---|---|
| Site: | Clinton  |
| Issue date: | 05/12/1998 |
| From: | Hopkins J NRC (Affiliation Not Assigned) |
| To: | Sipek J ILLINOIS POWER CO. |
| References | |
| TAC-MA0439, TAC-MA439, NUDOCS 9805180346 | |
| Download: ML20216B691 (5) | |
Text
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May 12, 1998 Mr. Joseph V. Sipek Director-Licensing Clinton Power Station P. O. Box 678 Mail Code V920 Clinton,IL 61727
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE CLINTON POWER STATION, UNIT 1 (MA0439)
Dear Mr. Sipek:
By letter and affidavit dated January 23,1998, executed by Wayne D. Romberg, Illinois Power Company submitted a letter of intent and a draft management services agreement with PECO Energy for nJelear operational support at Clinton Power Station and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.
Also by letter dated April 1,1998, and affidavit dated March 31,1998, executed by George A.
Hunger, Jr., Illinois Power submitted a management services agreement at Clinton Power Station. Illinois Power submitted this agreement and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.
Illinois Power stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
Draft Manaaement Services Aareement at Clinton Power Station The Letter of Intent and draft Management Services Agreement both contain information which, if disclosed to the public, could adversely impact the proprietary interests of Illinois Power and PECO Energy. This information, if disclosed to the public, could impact the ability of PECO Energy to negotiate terms and conditions in management services agreements for other nuclear facilities and thereby harm PECO Energy's competitive position. In addition, if this information is disclosed to the public, it cou d provide information to third parties who contract to provide services to Illinois Power with an advantage during contract negotiations with lilinois Power, thereby causing substantial economic harm to Illinois Power.
Final Maneaement Services Aareement at Clinton Power Station
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h The Management Services Agreement contains information which, if disclosed to the public, could adversely impact the proprietary interests of Illinois Power and PECO Energy. This information, if disclosed to the public, could impact the ability of PECO Energy to negotiate terms and conditions in management services agreements for other nuclear facilities and thereby harm PECO Energy's competitive position. In addition, if this,inforrliagon is disclosed to the public, it could provide information to third parties
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who contract to provide services to Illinois Power with an advantage during contract negotiations with Illinois Power, thereby causing substantial economic harm to lilinois Power.
We have reviewed your letters 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 January letter of intent and draft as well as the April 1,1998, Management Services Agreement 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 proprietar3 information.
If the basis for withholding this information from public inspection should chant ; 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.
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Sincerely, Original signed byhroject Manager Jon B Hopkins, Senior Project Directorate ill-3 Division of Reactor Projects -lil/IV Office of Nuclear Reactor Regulation j
Docket No. 50-461 cc: See next page DISTRIBUTION:
Docket Files PUBLIC PDill-3 R/F EGA1 RBellamy GGrant, Rlll M.P. Siemien, OGC DOCUMENT NAME: CLINTON\\MA0439. APP To receive a copy of this document, indicate in the box: "C" = Copy without enclosures "E" = Copy with enclosures "N" = No copy OFFICE LA:PD33 C
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~2-May 12, 1998 who contract to provide services to Illinois Power with an advantage during contract negotiations with Illinois Power, thereby causing substantial economic harm to Illinois Power.
We have reviewed your letters 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 January letter of intent and draft as well as the April 1,1998, Management Services Agreement marked as proprietary, will be w thheld 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.
l 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 your information. In all review situations, if the NRC makes a deterr,$ination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, Original si Jon B. Hopkins,gned byhrojec.t Manager Senior Project Directorate lil-3 Division of Reactor Projects - lil/IV Office of Nuclear Reactor Regulation Docket No. 50-461 cc: See next page DISTRIBUTION:
l Docket Files PUBLIC PDill-3 R/F l
EGA1 RBellamy GGrant, Rlli M.P. Siemien, OGC DOCUMENT NAME: CLINTON\\MA0439. APP To receive a copy of this document. Indcate in the box: 'C" = Cony without enciesures *E" = Copy with enclosures *N* = No copy
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0FFICE LA:PD33 C
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AD:PD33 NAME EBarnhill W )(
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2-l who contract to provide services to Illinois Power with an advantage during contract negotiations with Illinois Power, thereby causing substantial economic harm to Illinois Power.
We have reviewed your letters and the material in accordance with the requirements of 10 CFR 2.790 and on ine basis of your statements, have determined that the submitted information sought to t,c withheld contains proprietary commercial information.
Therefore, the January letter of intent and draft as well as the April 1,1998, l
Management Services Agreement marked as proprietary, will be withheld from public i
disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act i
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 l
consultants have signed the appropriate agreements for handling proprietary information.
l 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 l
this determination in the future, for example, if the scope of a Freedom of Information Act l
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, l
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Jon B. Hopkins, Senior roject Manager Project Directorate 111-3 Division of Reactor Projects -lil/IV Office of Nuclear Reactor Regulation Docket No. 50-461 cc: See next page I
l J
Joseph V. Sipek Clinton Power Station, Unit 1 i
Illinois Power Company cc:
Walter G. MacFarland IV lilinois Department of Nuclear Safety Senior Vice President Office of Nuclear Facility Safety Clinton Power Station 1035 Outer Park Drive P.O. Box 678 Springfield,IL 62704 Clinton, IL 61727 Wayne Romberg Manager Nuclear Station Engineering Department Clinton Power Station P.O Box 678 Clinton,IL 61727 Resident inspector U.S. Nuclear Regulatory Commission RR#3, Box 229 A Clinton, IL 61727 R. T. Hill Licensing Services Manager General Electric Company 175 Curtner Avenue, M/C 481 San Jose, CA 95125 Regional Administrator, Region lil U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 Chairman of DeWitt County c/o County Clerk's Office DeWitt County Courthouse Clinton,IL 61727 J. W. Blattner Project Manager Sargent & Lundy Engineers 55 East Monroe Street Chicago,IL 60603
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