ML12240A123

Letter Approving Withholding from Public Disclosure of Submitted Proprietary Information

ML12240A123
Person / Time
Site:	Monticello
Issue date:	09/13/2012
From:	Tam P S Plant Licensing Branch III
To:	Schimmel M A Northern States Power Co
Beltz T A
References
TAC ME7930
Download: ML12240A123 (3)

Text

UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555*0001 September 13, 2012 Mr. Mark A. Schimmel Site Vice President Monticello Nuclear Generating Plant Northern States Power Company -Minnesota 2807 West County Road 75 Monticello, MN 55362-9637 MONTICELLO NUCLEAR GENERATING PLANT -REQUEST FOR WITHHOLDING OF PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME7930)

Dear Mr. Schimmel:

By letter dated January 20, 2012 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML 120330474), you submitted an application for amendment to relocate pressure temperature curves from the Technical Specifications to a Pressure and Temperature Limits Report. Among other things, the submittal includes Enclosure 10, Structural Integrity Associates, Inc. (SIA), Calculation 1000847.301, Rev. 2, "Evaluation of Adjusted Reference Temperatures and Reference Temperature Shifts." For Enclosure 10 you included an affidavit executed by Mr. Marcos Legaspi Herrera of SIA on August 19, 2011, requesting that Enclosure 10, "Calculation CA 11-003, Evaluation of Adjusted Reference Temperatures and Reference Temperature Shifts (SIA No. 1000847.301)," be withheld from public disclosure on the basis of Title 10 of the Code of Federal Regulations (10 CFR), Paragraph 2.390(a)(4), for records that involve "[t]rade secrets and commercial or financial information obtained from a person and privileged or confidential." You also included an affidavit executed by Mr. David J. Modeen of the Electric Power Research Institute (EPRI) requesting withholding of Enclosure 10 from public disclosure because information in Enclosure 10 was "provided to SI[A] under the protection of a Proprietaryl Confidentiality and Nondisclosure Agreement between SI[A] and EPRI. n Mr. Modeen stated that Enclosure 10 conveys information which is owned by EPRI, and contains trade secrets that meet the provisions of the Uniform Trade Secrets Act adopted by the State of California in 1984. We have reviewed Messrs. Herreras and Modeen's affidavits in accordance with the requirements of 10 CFR Paragraph 2.390(a)(4), and on the basis of their statements, we have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, Enclosure 10, which is 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.

M. A. -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, f. Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263 Mr. Marcos Legaspi Herrera, Structural Integrity Associates, Inc. 5215 Hellyer Ave. Suite 210 San Jose, CA 95138-1025 Mr. David J. Electric Power Research Institute, 1300 West W. T. Harris Charlotte, NC Additional Distribution via ListServ M. A. -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, IRA! 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 Mr. Marcos Legaspi Herrera, Structural Integrity Associates, Inc. 5215 Hellyer Ave. Suite 210 San Jose, CA 95138-1025 Mr. David J. Modeen Electric Power Research Institute, Inc. 1300 West W. T. Harris Blvd Charlotte, NC 28262 Additional Distribution via ListServ DISTRIBUTION PUBLIC RidsNrrDorlLpl3-1 Resource RidsNrrPMMonticello Resource RidsNrrLABTully Resource RidsOgcMailCenter Resource RidsAcrsAcnw _MaiICTR Resource RidsNrrDssStsb RidsRgn3MailCenter Resource RidsNrrDorlDpr Resource LPL 3-1 R/F C. Fairbank NRR RidsNrrDeEvib Resource Accession No'.. ML12240A 123 OFFICE LPL3-1/PM LPL3-1/LA EVIB/BC LPL3-1/BC(A) LPL3-1/PM NAME PTam BTuily SRosenberg IFrankl PTam DATE 8/31/12 8/30/12 9/12/12 9/13/12 9/13/12 OFFICIAL RECORD COpy