ML080160022

PSEG Nuclear LLC, Request for Withholding Information from Public Disclosure for Hope Creek Generating Station Letter, Dated January 15, 2008, Responses to Requests for Additional Information Request for License Amendment - Extended Power U

ML080160022
Person / Time
Site:	Hope Creek
Issue date:	02/01/2008
From:	Lamb J G NRC/NRR/ADRO/DORL/LPLI-2
To:	Fricker C Public Service Enterprise Group
Lamb John G./NRR/DORL, 415-3100
References
TAC MD3002
Download: ML080160022 (4)

Text

February 1, 2008

Mr. Carl Fricker Vice President - Operations Support PSEG Nuclear LLC P.O. Box 236 Hancocks Bridge, NJ 08038

SUBJECT:

PSEG NUCLEAR LLC, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR HOPE CREEK GENERATING STATION REGARDING LETTER DATED JANUARY 15, 2008, "RESPONSES TO REQUESTS FOR ADDITIONAL INFORMATION REQUEST FOR LICENSE AMENDMENT - EXTENDED POWER UPRATE" (TAC NO. MD3002)

Dear Mr. Fricker:

By letter dated January 15, 2008, you submitted an affidavit executed by Alan J. Bilanin on behalf of Continuum Dy namics, Inc. (C.D.I.), dated January 15, 2008, requesti ng 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) Part 2, Section 2.390:

Responses to Hope Creek Generating Station - Request for Additional Information Regarding Extended Power Uprate (TAC No. MD3002), December 28, 2007.

A non-proprietary copy of this document has been placed in the U.S. Nuclear Regulatory

Commission

=s (NRC=s) Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room.

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

3(a) A process or method, including supporting data and analysis, where prevention of its use by C.D.I.

=s competitors without license from C.

D.I. constitutes a competitive advantage over other companies; 3(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; 3(c) Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.

C. Fricker We have reviewed your application and the material in accordance with 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 version of the submitted information marked proprietary will be withheld from public disclosure pur suant to 10CFR 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.

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 301-415-3100.

Sincerely, /ra/ John G. Lamb, Senior Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Docket No. 50-354

cc. See next page

ML080160022 OFFICE LPL1-2/PM LPL1-2/LA EMCB/BC LPL1-2/BC

NAME JLamb ABaxter KManoly HChernoff

DATE 01/16/08 01/29/08 01/30/08 02/01/08 Hope Creek Generating Station

cc:

Mr. Thomas Joyce Senior Vice President - Operations PSEG Nuclear P.O. Box 236 Hancocks Bridge, NJ 08038

Mr. Dennis Winchester Vice President - Nuclear Assessment PSEG Nuclear P.O. Box 236 Hancocks Bridge, NJ 08038

Mr. John Perry Plant Manager - Hope Creek PSEG Nuclear P.O. Box 236 Hancocks Bridge, NJ 08038

Mr. James Mallon Manager - Licensing PSEG Nuclear P.O. Box 236 Hancocks Bridge, NJ 08038

Mr. Jeffrie J. Keenan, Esquire PSEG Nuclear - N21 P.O. Box 236 Hancocks Bridge, NJ 08038

Mr. Michael Gaffney Manager - Hope Creek Regulatory Assurance PSEG Nuclear P.O. Box 236 Hancocks Bridge, NJ 08038

Township Clerk Lower Alloways Creek Township Municipal Building, P.O. Box 157 Hancocks Bridge, NJ 08038

Mr. Paul Bauldauf, P.E., Asst. Director Radiation Protection Programs NJ Department of Environmental Protection and Energy

CN 415 Trenton, NJ 08625-0415

Mr. Brian Beam Board of Public Utilities 2 Gateway Center, Tenth Floor Newark, NJ 07102

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

Senior Resident Inspector Hope Creek Generating Station U.S. Nuclear Regulatory Commission Drawer 0509 Hancocks Bridge, NJ 08038

Mr. William Levis President & Chief Nuclear Officer PSEG Nuclear LLC - N09 P.O. Box 236 Hancocks Bridge, NJ 08038

Mr. Alan J. Bilanin Continuum Dynamics, Inc.

36 Lexington Ave.

Ewing, NJ 08618-2302