ML023540251

Withholding Information from Public Disclosure, TAC No. MB6816

ML023540251
Person / Time
Site:	Cooper
Issue date:	12/20/2002
From:	Thadani M NRC/NRR/DLPM/LPD4
To:	Watford G Global Nuclear Fuel - Americas
Thadani M, NRR/DLPM, 415-1476
References
TAC MB6816
Download: ML023540251 (5)

Text

December 20, 2002 Mr. Glen A. Watford, Manager Fuel Engineering Services Global Nuclear Fuel - Americas, LLC Post Office Box 780, M/CA 16 Wilmington, North Carolina 28401

SUBJECT:

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

Dear Mr.Watford:

By letter dated November 15, 2002, Nebraska Public Power District (NPPD) submitted Additional Information Regarding the Cycle Specific SLMCPR for Cooper Cycle 22," which contained information that Global Nuclear Fuel - Americas, LLC (GNF-A) claims to be proprietary. The November 15, 2002, letter forwarded an affidavit, executed by Glen A. Watford, Manager, Fuel Engineering Services, GNF-A, dated October 4, 2002, 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 November 15, 2002, letter from NPPD and has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

The October 4, 2002, 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.

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.

G. Watford 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 301-415-1476.

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: w/encls: See next page

Cooper Nuclear Station cc: Mr. Ronald A. Kucera, Director of Intergovernmental Cooperation Mr. William R. Mayben Department of Natural Resources President and Chief Executive Officer P.O. Box 176 Nebraska Public Power District Jefferson City, MO 65102 1414 15th Street Columbus, NE 68601 Senior Resident Inspector U.S. Nuclear Regulatory Commission Mr. Michael T. Coyle P. O. Box 218 Site Vice President Brownville, NE 68321 Nebraska Public Power District P. O. Box 98 Regional Administrator, Region IV Brownville, NE 68321 U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 Mr. John R. McPhail, General Counsel Arlington, TX 76011 Nebraska Public Power District P. O. Box 499 Jerry Uhlmann, Director Columbus, NE 68602-0499 State Emergency Management Agency P. O. Box 116 Mr. Paul V. Fleming, Licensing Manager Jefferson City, MO 65101 Nebraska Public Power District P.O. Box 98 Chief, Radiation Control Program, RCP Brownville, NE 68321 Kansas Department of Health and Environment Mr. Michael J. Linder, Director Bureau of Air and Radiation Nebraska Department of Environmental 1000 SW Jackson Quality Suite 310 P. O. Box 98922 Topeka, KS 66612-1366 Lincoln, NE 68509-8922 Mr. Daniel K. McGhee Chairman Bureau of Radiological Health Nemaha County Board of Commissioners Iowa Department of Public Health Nemaha County Courthouse 401 SW 7th Street 1824 N Street Suite D Auburn, NE 68305 Des Moines, IA 50309 Ms. Cheryl K. Rogers, Program Manager Mr. Scott Clardy, Director Nebraska Health & Human Services Section for Environmental Public Health System P.O. Box 570 Division of Public Health Assurance Jefferson City, MO 65102-0570 Consumer Services Section 301 Centennial Mall, South Mr. David L. Wilson P. O. Box 95007 Vice President of Nuclear Energy Lincoln, NE 68509-5007 Nebraska Public Power District P. O. Box 98 Brownville, NE 68321 November 2002

ML023540251 NRR-084 OFFICE PDIV-1/PM PDIV-1/PM PDIV-1/LA SRXB/SC OGC PDIV-1/SC NAME DJaffe:sab MThadani MMcAllister RCaruso MPSiemien RGramm DATE 12/4/02 12/6/02 12/4/02 12/9/02 12/17/02 12/18/02