ML072750633

(MNGP) - Request for Withholding Information from Public Disclosure

ML072750633
Person / Time
Site:	Monticello
Issue date:	10/31/2007
From:	Tam P S NRC/NRR/ADRO/DORL/LPLIII-1
To:	Stramback G B General Electric Co
tam P S, NRR/ADRO/DORL, 415-1451
References
TAC MD6864
Download: ML072750633 (4)

Text

October 31, 2007

Mr. George B. Stramback Manager, Regulatory Services General Electric Nuclear Energy 175 Curtner Avenue San Jose, CA 95125

SUBJECT:

MONTICELLO NUCLEAR GENERATING PLANT (MNGP) - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MC6864)

Dear Mr. Stramback:

By letter dated September 25, 2007, Mr. T. J. O

=Connor of MNGP submitted an application for amendment, including Enclosure 5, consisting of an affidavit dated October 5, 2006, executed by you and a document entitled "Monticello Nuclear Generating Plant SAFER/GESTR ECCS-LOCA Analysis - LPCI Loop Selection Detectable Break Area" (Proprietary). You requested that the document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.

The affidavit stated that the entire document (i.e., Enclosure 5 of the September 25, 2007, submittal) should be considered exempt from mandatory public disclosure for the following reasons:

(a) The information discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by General Electric

=s competitors without license form General Electric constitutes a competitive economic advantage over other companies; (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.

We have reviewed Enclosure 5 of the September 25, 2007, letter in accordance with the requirements of 10 CFR 2.390, and on the basis of your statements, we have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the entire document identified above, which is 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.

G.

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 301-415-1451.

Sincerely, /RA/ Peter S. Tam, Senior Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Docket No. 50-263

cc: See next page G.

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 301-415-1451.

Sincerely, /RA/ Peter S. Tam, Senior Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Docket No. 50-263

cc: See next page

DISTRIBUTION PUBLIC RidsNrrDorlLpl3-1 RidsNrrPMPTam RidsNrrLATHarris RidsOGCRp RidsAcrsAcnwMailCente RidsNrrDirsltsb RidsRgn3MailCenter RidsNrrDorlDpr

Accession No.: ML072750633 OFFICE LPL3-1/PM LPL3-1/LA LPL3-1/(A)BC

NAME PTam THarris CMunson DATE 10/18/07 10/18/07 10/31/07 OFFICIAL RECORD COPY

Monticello Nuclear Generating Plant

cc:

Jonathan Rogoff, Esquire Vice President, Counsel & Secretary Nuclear Management Company, LLC 700 First Street Hudson, WI 54016

U.S. Nuclear Regulatory Commission Resident Inspector's Office 2807 W. County Road 75 Monticello, MN 55362

Manager, Nuclear Safety Assessment Monticello Nuclear Generating Plant Nuclear Management Company, LLC 2807 West County Road 75 Monticello, MN 55362-9637

Commissioner Minnesota Pollution Control Agency 520 Lafayette Road St. Paul, MN 55155-4194

Commissioner Minnesota Department of Health 717 Delaware Street, S. E.

Minneapolis, MN 55440

Douglas M. Gruber, Auditor/Treasurer Wright County Government Center 10 NW Second Street Buffalo, MN 55313 Commissioner Minnesota Department of Commerce 85 7th Place East, Suite 500 St. Paul, MN 55101-2198

Manager - Environmental Protection Division Minnesota Attorney General

=s Office 445 Minnesota S t., Suite 900 St. Paul, MN 55101-2127

Michael B. Sellman President and Chief Executive Officer Nuclear Management Company, LLC 700 First Street Hudson, MI 54016

Nuclear Asset Manager Xcel Energy, Inc.

414 Nicollet Mall, R.S. 8 Minneapolis, MN 55401

Douglas E. Cooper Senior Vice President and Chief Nuclear Officer Nuclear Management Company, LLC 700 First Street Hudson, WI 54016

November 2005