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{{#Wiki_filter:UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555-0001 October 20, 2009 Mr. Timothy J.
{{#Wiki_filter:UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 20, 2009 Mr. Timothy J. O'Connor Site Vice President Monticello Nuclear Generating Plant Nuclear Management Company, LLC 2807 West County Road 75 Monticello, MN 55362-9637
O'Connor Site Vice President Monticello Nuclear Generating Plant Nuclear Management Company, LLC 2807 West County Road 75 Monticello, MN 55362-9637 MONTICELLO NUCLEAR GENERATING PLANT -REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD9990)  
 
==SUBJECT:==
MONTICELLO NUCLEAR GENERATING PLANT - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD9990)


==Dear Mr. O'Connor:==
==Dear Mr. O'Connor:==
By letter dated October 1, 2009 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML092790213), you submitted revised pages to Topical Report NEDC-33322P, Rev. 3, "Safety Analysis Report for Monticello Constant Pressure Power Uprate," which was enclosed with your November 5, 2008, application for a power uprate amendment. You included an affidavit executed by Mr. Edward D. Schrull of GE-Hitachi Nuclear Energy Americas LLC (GEH), on September 16, 2009, requesting that the revised pages of NEDC-33322P, Rev. 3, 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 revised pages of NEDC-33322P, Rev. 3, should be considered exempt from mandatory public disclosure because these pages contain: 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; 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 GEH's affidavit in accordance with the requirements of 10 CFR 2.390, and on the basis of its 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 subject revised pages, which are 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. We have released to the public the non-proprietary version of the revised pages (ADAMS Accession No.
 
ML092790191).
By letter dated October 1, 2009 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML092790213), you submitted revised pages to Topical Report NEDC-33322P, Rev. 3, "Safety Analysis Report for Monticello Constant Pressure Power Uprate," which was enclosed with your November 5, 2008, application for a power uprate amendment. You included an affidavit executed by Mr. Edward D. Schrull of GE-Hitachi Nuclear Energy Americas LLC (GEH), on September 16, 2009, requesting that the revised pages of NEDC-33322P, Rev. 3, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.
T. J. O'Connor -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 301-415-1451.
The affidavit stated that the revised pages of NEDC-33322P, Rev. 3, should be considered exempt from mandatory public disclosure because these pages contain:
Since.relY,. -:: ())
: 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;
Peter S. Tam, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263 cc w/encl: See next page Monticello Nuclear Generating Plant Mr. Edward D. Schrull Vice President, Regulatory Affairs Services Licensing GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional Distribution via ListServ T. J. O'Connor -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 301-415-1451.
: 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 GEH's affidavit in accordance with the requirements of 10 CFR 2.390, and on the basis of its 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 subject revised pages, which are 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.
Sincerely, /raJ Peter S. Tam, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No.
We have released to the public the non-proprietary version of the revised pages (ADAMS Accession No. ML092790191).
50-263 cc w/encl: See next page DISTRIBUTION PUBLIC RidsNrrDorlLpl3-1 Resource RidsNrrPMPTamResource RidsNrrLATHarrisResource RidsOgcMailCenterResource RidsAcrsAcnw_MailCTRResource RidsNrrDirsltsb RidsRgn3MailCenterResource RidsNrrDorlDprResource LPL 3-1 R/F Accession No.: ML092810554 OFFICE LPL3-1/PM LPL3-1/LA SRXB/BC LPL3--I/BC NAME PTam THarris GCranston*
 
RPascarelli DATE 10/9/09 10/9/09 10/9/09 10/20/09 *Concurred bye-mail.
T. J. O'Connor                                 - 2 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 301-415-1451.
                                                                ~y
                                              -::
Since.relY,.
                                              ~/~(~
())
Peter S. Tam, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263 cc w/encl: See next page
 
Monticello Nuclear Generating Plant cc: Mr. Edward D. Schrull Vice President, Regulatory Affairs Services Licensing GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional Distribution via ListServ
 
T. J. O'Connor                                 - 2 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 301-415-1451.
Sincerely,
                                                /raJ Peter S. Tam, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263 cc w/encl: See next page DISTRIBUTION PUBLIC                           RidsNrrDorlLpl3-1 Resource             RidsNrrPMPTamResource RidsNrrLATHarrisResource         RidsOgcMailCenterResource             RidsAcrsAcnw_MailCTRResource RidsNrrDirsltsb                 RidsRgn3MailCenterResource             RidsNrrDorlDprResource LPL 3-1 R/F Accession No.: ML092810554 OFFICE         LPL3-1/PM         LPL3-1/LA         SRXB/BC           LPL3--I/BC NAME           PTam             THarris           GCranston*         RPascarelli DATE           10/9/09           10/9/09           10/9/09           10/20/09
*Concurred bye-mail.
OFFICIAL RECORD COPY}}
OFFICIAL RECORD COPY}}

Revision as of 02:38, 14 November 2019

Determination That Submitted Information Is Proprietary and Is Withheld from Public Disclosure
ML092810554
Person / Time
Site: Monticello Xcel Energy icon.png
Issue date: 10/20/2009
From: Tam P
Plant Licensing Branch III
To: O'Connor T
Northern States Power Co
Tam P
References
TAC MD9990
Download: ML092810554 (4)
v • d • e


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 20, 2009 Mr. Timothy J. O'Connor Site Vice President Monticello Nuclear Generating Plant Nuclear Management Company, LLC 2807 West County Road 75 Monticello, MN 55362-9637

SUBJECT:

MONTICELLO NUCLEAR GENERATING PLANT - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD9990)

Dear Mr. O'Connor:

By letter dated October 1, 2009 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML092790213), you submitted revised pages to Topical Report NEDC-33322P, Rev. 3, "Safety Analysis Report for Monticello Constant Pressure Power Uprate," which was enclosed with your November 5, 2008, application for a power uprate amendment. You included an affidavit executed by Mr. Edward D. Schrull of GE-Hitachi Nuclear Energy Americas LLC (GEH), on September 16, 2009, requesting that the revised pages of NEDC-33322P, Rev. 3, 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 revised pages of NEDC-33322P, Rev. 3, should be considered exempt from mandatory public disclosure because these pages contain:

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 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 GEH's affidavit in accordance with the requirements of 10 CFR 2.390, and on the basis of its 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 subject revised pages, which are 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.

We have released to the public the non-proprietary version of the revised pages (ADAMS Accession No. ML092790191).

T. J. O'Connor - 2 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 301-415-1451.

~y

-::

Since.relY,.

~/~(~

())

Peter S. Tam, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263 cc w/encl: See next page

Monticello Nuclear Generating Plant cc: Mr. Edward D. Schrull Vice President, Regulatory Affairs Services Licensing GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional Distribution via ListServ

T. J. O'Connor - 2 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 301-415-1451.

Sincerely,

/raJ Peter S. Tam, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263 cc w/encl: See next page DISTRIBUTION PUBLIC RidsNrrDorlLpl3-1 Resource RidsNrrPMPTamResource RidsNrrLATHarrisResource RidsOgcMailCenterResource RidsAcrsAcnw_MailCTRResource RidsNrrDirsltsb RidsRgn3MailCenterResource RidsNrrDorlDprResource LPL 3-1 R/F Accession No.: ML092810554 OFFICE LPL3-1/PM LPL3-1/LA SRXB/BC LPL3--I/BC NAME PTam THarris GCranston* RPascarelli DATE 10/9/09 10/9/09 10/9/09 10/20/09

  • Concurred bye-mail.

OFFICIAL RECORD COPY

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