ML20248G166

Informs That 980429 Application & Affidavit Re Southern Nuclear Operating,Co LCV-0829-D Will Be Withheld Per 10CFR2.790 & Section 103(b) of AEC Act of 1954

ML20248G166
Person / Time
Site:	Vogtle
Issue date:	06/02/1998
From:	Jaffe D NRC (Affiliation Not Assigned)
To:	Soler A HOLTEC INTERNATIONAL
References
NUDOCS 9806050128
Download: ML20248G166 (4)

Text

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. m g , UNITED STATES s* NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30006 0001 June 2, 1998

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Dr. Alan 1. Soler Executive Vice President Holtec Intemational i Holtec Center

! 555 Lincoln Drive West  !

Marlton, New Jersey 08053 l

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE VOGTLE ELECTRIC GENERATING PLANT, UNITS 1 AND 2 - SPENT FUEL RACKS 4 j Dear Dr. Soler.

l l'

By your application and affidavit dated April 29,1998, you requested that certain information contained in the Southem Nuclear Operating Company, Inc. (SNC) document entitled "Vogtle Electric Generating Plant, Request to Revise Technical Specifications Additional Fuel Storage Racks for Unit 1 Fuel Storage Pool, Request For Additional Information," LCV-0829-C, dated l May 19,1998, be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary version of this document, designated as LCV-0829-D, was also submitted by SNC by letter dated May 19,1998.

i You stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(4) a. [The] information... discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by any of Holtec's competitors without license from Holtec Intemational constitutes a competitive economic advantage over other companies; i

b. [The] 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. [The)information... reveals aspects of past, present, or future Holtec l Intemational customer-funded development plans and programs of potential commercial value to Holtec Intemational;

e. [The) information... discloses patentable subject matter for which it may be i desirable to obtain patent protection.

We have reviewed your application and the material in accordance with the requirements of C0 \ I 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted T)\

information sought to be withheld contains proprietary commercialinformation.

Therefore, the relivant portion of LCV-0829-C, 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. l A0 g 5000!24

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A.1. Soler 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.

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 determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, i

\ >

David H. e,se r Project Manager Project Directorate 11-2 Division of Reactor Projects - 1/11 Office of Nuclear Reactor Regulation Docket Nos. 50-424 and 50-425 cc: Ses next page 1

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1 A. l. Soler June 2, 1998 l Withholding from public inspection shall not affect the rignt, if any, of persons properly and directly concerned to inspect the documents, if the need arises, we may send copies of this i 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 jour 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:

David H. Jaffe, Senior Project Manager Project Directorate 11-2 l Division of Reactor Projects -1/11 Office of Nuclear Reactor Regulation Docket Nos. 50-474 and 50-425 l

cc: See next page  !

Distribution:

Docket File PUBLIC j PD ll-2 Rdg. 1 J. Zwolinski H. Berkow D. Jaffe L. Berry M. P. Siemien .

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Vogtle Electric Generating Plant ec: Harold Reheis. Director

Mr. J. A. Bailey Department of Natural Resources Manager, Licensing 205 Butler Street, SE. Suite 1252 Southem Nuclear Operating Atlanta, Georgia 30334 i Company, Inc.

l P. O. Box 1295 Attomey General Birmingham, Alabama 35201-1295 Law Department 132 Judicial Building Mr. J. B. Beasley Atlanta, Georgia 30334 l, General Manager, Vogtle Electric

' Generating Plant Mr. R. D. Barker L Southem Nuclear Operating Program Manager Company, Inc. Fossil & Nuclear Operations

_.P. O. Box 1600 Oglethorpe Power Corporation Waynesboro, Georgia 30830 2100 East Exchange Place i P. O. Box 1349 Regional Administrator, Region ll Tucker, Georgia 30085-1349 -

U. S. Nuclear Regulatory Commission Charles A. Patrizia, Esquire Atlanta Federal Center Paul, Hastings, Janofsky & Walker 61 Forsyth Street, SW., Suite 23T85 10th Floor l Atlanta, Georgia 30303 1299 Pennsylvania Avenue ,

Washington, DC 20004-9500 Office of Planning and Budget Room 615B Arthur H. Domby, Esquire 270 Washington Street, SW. Troutman Sanders Atlanta, Georgia 30334 NationsBank Plaza 600 Peachtree Street, NE.

Mr. J. D. Woodard Suite 5200 Executive Vice President Atlanta, Georgia 30308-2216 Southem Nuclear Operating Company, Inc. Resident inspector P. O. Box 1295 Vogtle Plant Birmingham, Alabama 35201-1295 8805 River Road Waynesboro, Georgia 30830 Steven M. Jackson Senior Engineer- Power Supply Office of the County Commissioner Municipal Electric Authority Burke County Commission of Georgia Waynesboro, Georgia 30830 1470 Riveredge Parkway, NW.

Atlanta, Georgia 30328-4684 Mr. C. K. McCoy Vice President Southem Nuclear Operating Company, Inc.

P. O. Box 1295 Birmingham, Alabama 35201 I