ML030640116

Cooper, Request for Withholding Information from Public Disclosure.

ML030640116
Person / Time
Site:	Cooper
Issue date:	03/04/2003
From:	Thadani M NRC/NRR/DLPM/LPD4
To:	James Anderson Global Nuclear Fuel
Thadani M, NRR/DLPM, 415-1476
References
TAC MB6816
Download: ML030640116 (4)

Text

March 4, 2003 Mr. Jens G. Andersen Project Manager, TRACG Development Global Nuclear Fuel - Americas, LLC M/C B12 3901 Castle Hayne Road Wilmington, NC 28401

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE RE: COOPER NUCLEAR STATION REQUEST FOR ADDITIONAL INFORMATION (TAC NO. MB6816)

Dear Mr. Andersen:

By letter dated February 24, 2003, Nebraska Public Power District (NPPD) submitted a response to the U.S. Nuclear Regulatory Commission (NRC) staffs request for additional information (RAI) concerning Additional Information Regarding the Cycle Specific SLMCPR for Cooper Cycle 22." The RAI response contained information that Global Nuclear Fuel -

Americas, LLC (GNF-A) claims to be proprietary. The February 24, 2003, letter forwarded an affidavit, executed by you, dated February 14, 2003, which requested that the proprietary information be withheld from public disclosure pursuant to Section 2.790, Public inspections, exemptions, requests for withholding, to Title 10 of the Code of Federal Regulations (10 CFR).

The information which GNF-A claims to be proprietary is contained within double, square brackets ((( ))) in the subject document. A nonproprietary version of the information was transmitted with the February 24, 2003, letter from NPPD and has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

The February 14, 2003, 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 GNF-As competitors without license from GNF-A constitutes a competitive economic advantage over other companies;

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 your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of the statements in the GNF-A affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

J. Andersen Therefore, the version of the submitted information 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.

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 propietary 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 301-415-1476.

Sincerely,

/RA/

Mohan C. Thadani, Senior Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-298 cc: See next page

Cooper Nuclear Station cc: Senior Resident Inspector U.S. Nuclear Regulatory Commission Mr. William J. Fehrman P. O. Box 218 President and Chief Executive Officer Brownville, NE 68321 Nebraska Public Power District 1414 15th Street Regional Administrator, Region IV Columbus, NE 68601 U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 Mr. Michael T. Coyle Arlington, TX 76011 Site Vice President Nebraska Public Power District Jerry Uhlmann, Director P. O. Box 98 State Emergency Management Agency Brownville, NE 68321 P. O. Box 116 Jefferson City, MO 65101 Mr. John R. McPhail, General Counsel Nebraska Public Power District Chief, Radiation Control Program, RCP P. O. Box 499 Kansas Department of Health Columbus, NE 68602-0499 and Environment Bureau of Air and Radiation Mr. Paul V. Fleming, Licensing Manager 1000 SW Jackson Nebraska Public Power District Suite 310 P.O. Box 98 Topeka, KS 66612-1366 Brownville, NE 68321 Mr. Daniel K. McGhee Mr. Michael J. Linder, Director Bureau of Radiological Health Nebraska Department of Environmental Iowa Department of Public Health Quality 401 SW 7th Street P. O. Box 98922 Suite D Lincoln, NE 68509-8922 Des Moines, IA 50309 Chairman Mr. Scott Clardy, Director Nemaha County Board of Commissioners Section for Environmental Public Health Nemaha County Courthouse P.O. Box 570 1824 N Street Jefferson City, MO 65102-0570 Auburn, NE 68305 Mr. Clay C. Warren Ms. Cheryl K. Rogers, Program Manager Vice President of Nuclear Energy Nebraska Health & Human Services Nebraska Public Power District System P. O. Box 98 Division of Public Health Assurance Brownville, NE 68321 Consumer Services Section 301 Centennial Mall, South P. O. Box 95007 Lincoln, NE 68509-5007 Mr. Ronald A. Kucera, Director of Intergovernmental Cooperation Department of Natural Resources P.O. Box 176 Jefferson City, MO 65102

ML030640116 NRR-084 OFFICE PDIV-1/PM PDIV-1/LA PDIV-1/PM SRXB/SC OGC PDIV-1/SC NAME DJaffe:sab MMcAllister MThadani RCaruso MPSiemien RGramm DATE 2/27/03 2/27/03 3/04/03 2/27/03 3/03/03 3/04/03