ML20216H229

Informs That Info Re Analyses for Installation of Addl Spent Fuel Storage Racks at Plant Submitted by M Solar of Holtec Intl at Marlton,Nj Will Be Withheld Per 10CFR2.790 & Section 103(b) of AEC Act of 1954

ML20216H229
Person / Time
Site:	FitzPatrick
Issue date:	04/14/1998
From:	Williams J NRC (Affiliation Not Assigned)
To:	James Knubel POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
References
TAC-M99824, NUDOCS 9804210089
Download: ML20216H229 (5)

Text

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y t UNITED STATES

, j j NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. enana annt

%, . . . . . p! April 14, 1998 Mr. James Knubel Chief Nuclear Officer Power Authority of the Stsie of New York 123 Main Street White Plains, NY 10601

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE I JAMES A. FITZPATRICK NUCLEAR POWER PLANT (TAC NO. M99824)

Dear Mr. Knubel:

By a New York Power Authority (NYPA) letter dated October 14,1997, and an affidavit executed l on October 1,1997, by Mark Soler of Holtec Intemational at Martton, New Jersey, Holtec l Intemational submitted information regarding analyses for installation of additional spent fuel  !

storage racks at the James A. FitzPatrick Nuclear Power Plant. This information was provided to  !

support review by the Nuclear F.egulatory Commission staff of technical specification changes ,

associated with the new rack installation. Holtec infomational has requested that certain i information provided in the October 14,1997, letter be withheld from public disclosure pursuant l to 10 CFR 2.790. A non-proprietary versic was also submitted for placement in the public  !

document room.

i The affidavit stated that the information submitted should be considered exempt from mandatory I public disclosure for the following reasons: .'

a. Information that discloses a process, method, or apparatus, including supporting i data and analyses, where the prevention of its use by Holtec Intemational's j competitors without license from Holtec Intemational constitutes a competitive  ;

economic advantage over other companies; and j

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.  !

We have reviewed the information provided by Holtec Intemational and NYPA in accordance with

' the requirements of 10 CFR 2.790 and, on the basis of statements by Mr. Soler, have determined that the submitted information sought to be withheld contains trade secrets or proprietary -

commercialinformation.

s Therefore, the submitted material 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

(\O

\, D\ l amended. (

3 9804210089 980414 PDR ADOCK 05000333 <

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J. Knubel Withholding from public inspection shall not affect the right, if any, of persons pmperly and directly concemed to inspect the documents. If the need arises, we may send copies of this informahon to our consultants working in this area. We will, o' course, ensure that the consultants have signed the appropriate agreements for handling proprietary information, if the basis for withholding this information from public disclosure 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 situstier.s, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, af Joseph F. Williams, Project Manager Project Directora'e I-1 Division of Reactor Projects - t/Il Office of Nuclear Reactor Regulation Docket No. 50-333 cc: See next page

b

• A pril 14,1998 Mr. J m:s Knubel -2 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 disclosure 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 1 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, Original Signed by:

Joseph F. Williams, Project Manager Project Directorate 1-1 Division of Reactor Projects - 1/11 Office of Nuclear Reactor Regulation Docket No. 50-333 cc: See next page DISTRIBUTION:

J Docket File > S. Little M.P. Siemien, OGC I PUBLIC J. Williams PDI-1 R/F OGC J. Zwolinski ACRS S. Bajwa C. Hehl, Region i I

DOCUMENT NAME: G:\FITZ\M99824.PRP To re eive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with cttachment/ enclosure "N" = No copy _

OFFICE PDL1/PM /, j l PDI-1/LA,BV l OGc f y/ [' PDL1/D fefd L NAME JWillems/rn! /(/86' SLittle F MPSiemien ( ) $ /> SBajwa M%

DATE [f/6 /98 // y / (f198 W / h 198 I"f/ [4I/98 1

OFFICIAL RECORD' COPY

A pril 14,1998 Mr. J mes Knubel -2 Withholding from public inspection shall not affect the right, if any, of persons properly and i

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 disclosure should change in the future '

such that the information could then be made available for public inspection, you should promptly l 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.

Sincerely, Original Signed by:

Joseph F. Williams, Project Manager Project Directorate 1-1 Division of Reactor Projects - 1/ll ,

Office of Nuclear Reactor Regulation Docket No. 50-333 cc: See next page DISTRIBUTION Docket File S. Little M.P. Siemien, OGC PUBLIC J. Williams PDI-1 R/F OGC J. Zwolinski ACRS S. Bajwa C. Hehl, Region 1 DOCUMENT NAME: G:\FITZ\M99824.PRP To receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with cttachment/ enclosure "N" = No copy ,

l OFFICE PDI-1/PM fo l PDI-1/LA A\J l OGC f V/ l'" , PDb1/D stff2 l lNAME JWeems/ ret /W Sutus F MPSerfuen / VI T) SBajwe B%

ll DATE 6/4 /98 /'/ eiI (e198 W I 3 /98 41/4/98 OFFICIAL RECORD' COPY

4 James Knubel Power Authority of the State James A. FitzPatrick Nuclear of New York Power Plant cc:

Mr. Gerald C. Goldstein Assistant General Counsel Regional Administrator, Region 1 Power Authority of the State U.S. Nuclear Regulatory Commission of New York 475 Allendale Road 1633 Broadway King of Prussia, PA 19406 New York, NY 10019 Mr. F. William Valentino, President Resident inspector's Office New York State Energy, Research, U. S. Nuclear Regulatory Commission and Development Authority P.O. Box 136 Corporate Plaza West Lycoming, NY 13093 286 Washington Avenue Extension Albany, NY 12203-6399 Mr. Harry P. Salmon, Jr., V.P.

Nuclear Operations Mr. Richard L. Patch, Director Power Authority of the State Quality Assurance of New York Power Authority of the Sta'e 123 Main Street of New York White Plains, NY 10601 123 Main Street White Plains, NY 10601 Ms. Charfene D. Faison Director Nuclear Licensing Mr. Gerard Goering Power Authority of the State 28112 Bayview Drive of New York Red Wing, MN 55066 123 Main Street White Plains, NY 10601 Mr. James Gagliardo Safety Review Committee Supervisor 708 Castlewood Avenue Town of Scriba Arlington TX 76012 Route 8, Box 382 Oswego, NY 13126 Mr. ArthurZaremba, Licensing Manager James A. FitzPatrick Nuclear Mr. Eugene W. Zeltmann Power Plant President and Chief Operating P.O. Box 41 Officer Lycoming, NY 13093 Power Authority of the State of New York Mr. Paul Eddy 123 Main Street New York State Dept. of White Plains, NY 10601 Public Service 3 Empire State Plaza,10th Floor Charles Donaldson, Esquire Assistant Attomey General New York Department of Law 120 Broadway New York, NY 10271

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