ML081370639

Request for Withholding Information from Public Disclosure

ML081370639
Person / Time
Site:	Susquehanna
Issue date:	06/09/2008
From:	Bhalchandra Vaidya NRC/NRR/ADRO/DORL/LPLI-1
To:	Mckinney B Susquehanna
Vaidya B, NRR/DORL/LP4, 415-3308
References
TAC MD8079
Download: ML081370639 (6)

Text

June 9, 2008

Mr. Britt T. McKinney Sr. Vice President and Chief Nuclear Officer PPL Susquehanna, LLC 769 Salem Blvd., NUCSB3 Berwick, PA 18603-0467

SUBJECT:

PPL SUSQUEHANNA - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE SUSQUEHANNA STEAM ELECTRIC STATION, UNIT 1 (TAC NO. MD8079)

Dear Mr. McKinney:

By letter dated May 15, 2008, PPL Susquehanna, LLC, submitted the following two affidavits:

1. Executed by Mr. Richard E. Kingston, Vice President, Methods Licensing, Regulatory Affairs, GE-Hitachi Nuclear Energy Americas LLC ("GEH"), dated April 30, 2008, and

2. Executed by Richard D. Pagodin, General Manager, Nuclear Engineering, PPL Susquehanna, LLC, dated May 1, 2008.

Both affidavits requested 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) Section 2.390:

Enclosure 1 to the letter from PPL Susquehanna (Mr. B. T. McKinney, Senior Vice President and Chief Nuclear Officer), PLA-6358, dated May 15, 2008, "102992-PPL-381591-C-001, SSES Replacement Dryer Test Condition 1.I Results."

The affidavit from Mr. Kingston of GEH stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(4)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;

(4)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;

The affidavit from Mr. Pagodin from PPL stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

B. McKinney

7. The information identified . . . is classified as proprietary because it details the results of test data derived from test instrumentation installed specifically to collect this data. This instrumentation was installed at a significant cost to PPL.

The data and the conditions under which it was collected constitute a major PPL asset.

8. Public disclosure of the information sought to be withheld is likely to cause substantial harm to PPL by foreclosing or reducing the availability of profit-making opportunities. The information is of value to other BWR Licensees and would support [their] evaluations and analyses associated with extended power uprate license amendment submittals. Making this information available to other BWR Licensees would represent a windfall and deprive PPL the opportunity to recover a portion of its large investment in test instrumentation from which this data is derived.

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

Therefore, the versions 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.

A nonproprietary copy of this document has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

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.

B. McKinney If you have any questions regarding this matter, I may be reached at 301-415-3308.

Sincerely,

/ra/

Bhalchandra Vaidya, Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Docket No. 50-387

cc: See next page

ML081370639 OFFICE NRR/LPL1-1/PM NRR/LPL1-1/LA NRR/DE/EMCB/BC NRR/LPL1-1/BC NAME BVaidya SLittle KManoly MKowal DATE 6/9/08 6/9/08 6/9/08 6/9/08 Susquehanna Steam Electric Station, Unit Nos. 1 and 2

cc:

Cornelius J. Gannon Vice President - Nuclear Operations PPL Susquehanna, LLC 769 Salem Blvd., NUCSB3 Berwick, PA 18603-0467

Robert M. Paley General Manager - Plant Support PPL Susquehanna, LLC 769 Salem Blvd., NUCSB2 Berwick, PA 18603-0467

Rocco R. Sgarro Manager - Nuclear Regulatory Affairs PPL Susquehanna, LLC Two North Ninth Street, GENPL4 Allentown, PA 18101-1179

Supervisor -

Nuclear Regulatory Affairs PPL Susquehanna, LLC 769 Salem Blvd., NUCSA4 Berwick, PA 18603-0467

Michael H. Crowthers Supervisor - Nuclear Regulatory Affairs PPL Susquehanna, LLC Two North Ninth Street, GENPL4 Allentown, PA 18101-1179

Ronald E. Smith General Manager - Site Preparedness and Services PPL Susquehanna, LLC 769 Salem Blvd., NUCSA4 Berwick, PA 18603-0467

Michael H. Rose Manager - Quality Assurance PPL Susquehanna, LLC 769 Salem Blvd., NUCSB2 Berwick, PA 18603-0467

Joseph J. Scopelliti Community Relations Manager, Susquehanna PPL Susquehanna, LLC 634 Salem Blvd., SSO Berwick, PA 18603-0467

Bryan A. Snapp, Esq Assoc. General Counsel PPL Services Corporation Two North Ninth Street, GENTW3 Allentown, PA 18101-1179

Document Control Services PPL Susquehanna, LLC Two North Ninth Street, GENPL4 Allentown, PA 18101-1179

Richard W. Osborne Allegheny Electric Cooperative, Inc.

212 Locust Street P.O. Box 1266 Harrisburg, PA 17108-1266

Director, Bureau of Radiation Protection Pennsylvania Department of Environmental Protection Rachel Carson State Office Building P.O. Box 8469 Harrisburg, PA 17105-8469

Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 35, NUCSA4 Berwick, PA 18603-0035

Regional Administrator, Region 1 U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406

Board of Supervisors Salem Township P.O. Box 405 Berwick, PA 18603-0035

Susquehanna Steam Electric Station, Unit Nos. 1 and 2

Dr. Judith Johnsrud National Energy Committee Sierra Club 443 Orlando Avenue State Collge, PA 16803

Mr. Richard E. Kingston, Vice President, Methods Licensing, GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Road Wilmington, NC 28401

Mr. Richard D. Pagodin, General Manager, Nuclear Engineering, PPL Susquehanna, LLC, 769 Salem Blvd., NUCSB3 Berwick, PA 18603-0467