ML13025A351

Columbia Generating Station - Request for Withholding Information from Public Disclosure, Affidavit Dated 12/12/12, Executed by L. Dolan, GE Hitachi Americas LLC, NEDC-33685P, Revision 2

ML13025A351
Person / Time
Site:	Columbia
Issue date:	02/21/2013
From:	Gibson L K Plant Licensing Branch IV
To:	Reddeman M E Energy Northwest
Gibson L K
References
TAC ME7905
Download: ML13025A351 (3)

Text

UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555-0001 February 21, 2013 Mr. Mark E. Reddemann Chief Executive Officer Energy Northwest P.O. Box 968 (Mail Drop 1023) Richland, WA 99352-0968 COLUMBIA GENERATING STATION -REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME7905)

Dear Mr. Reddemann:

By letter dated January 31, 2012 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML 120400144), Energy Northwest submitted a license amendment request (LAR). The LAR was supplemented by letters dated July 31,2012 (ADAMS Accession No. ML 122190346), August 22,2012 (ADAMS Accession No. ML 12248A136), October 5,2012 (ADAMS Accession No. ML 122920735), November 12, 2012 (ADAMS Accession No. ML 12;3280090), and January 7,2013 (ADAMS Accession No. ML 130150329).

The supplement dated January 7,2013, included an affidavit dated December 12,2012, executed by Ms. Linda C. Dolan, GE Hitachi Nuclear Energy Americas LLC (GEH) requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR). Part 2, Section 2.390: NEDC-33685P, Revision 2, "Digitall&C-ISG-06 Compliance for Columbia Generating Station NUMAC Power Range Neutron Monitoring Retrofit Plus Option III Stability Trip Function," December 2012 A nonproprietary copy of this document has been placed in the U.S. Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the NRC Library at ADAMS Accession No. ML 13015A272.

The affidavit stated 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 GEH's competitors without license from GEH constitutes a competitive economic advantage over other companies;

b. Information that, if used by a competitor, would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

M. -2 We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the version of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.390(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.

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.

If you have any questions regarding this matter, I may be reached at 301-415-1056 or via e-mail at lauren.gibson@nrc.gov.

Sincerely, Lauren K. Gibson, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-397 Ms. Linda C. Dolan Manager of Regulatory Compliance GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Rd. Wilmington, NC 28401 Additional distribution via Listserv M.

-We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the version of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.390(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.

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.

If you have any questions regarding this matter, I may be reached at 301-415-1056 or via e-mail at lauren.gibson@nrc.gov.

Sincerely, IRAJ Lauren K. Gibson, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-397 Ms. Linda C. Dolan Manager of Regulatory Compliance GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Rd. Wilmington, NC 28401 Additional distribution via Listserv DISTRIBUTION:

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