ML070450237

Cooper Nuclear Station - Request for Withholding Information from Public Disclosure - Holtec International (TAC No. MD3349)

ML070450237
Person / Time
Site:	Cooper
Issue date:	02/27/2007
From:	Lyon C F NRC/NRR/ADRO/DORL/LPLIV
To:	Minahan S B Nebraska Public Power District (NPPD)
Lyon C Fred, NRR/DORL/LPL4, 301-415-2296
References
TAC MD3349
Download: ML070450237 (6)

Text

February 27, 2007Mr. Stewart B. MinahanVice President-Nuclear and CNO Nebraska Public Power District 72676 648A Avenue Brownville, NE 68321

SUBJECT:

COOPER NUCLEAR STATION - REQUEST FOR WITHHOLDINGINFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD3349)

Dear Mr. Minahan:

By letter dated October 17, 2006, you submitted an affidavit dated April 20, 2006, executed byPankaj Chaudhary, Holtec International (HI), requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code ofFederal Regulations (10 CFR) Section 2.390:Licensing Report on the Wet Fuel Storage Capacity Expansion at Cooper NuclearStation..., Holtec Report HI-2043224, Revision 1The document is included in Enclosure 1 to your letter to the U.S. Nuclear RegulatoryCommission (NRC) dated October 17, 2006. A nonproprietary copy of this document 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 affidavit stated that the submitted information should be considered exempt frommandatory public disclosure for the following reasons: The information classified as proprietary was developed and compiled by HoltecInternational at a significant cost to Holtec International. This information is classified as proprietary because it contains detailed historical data and analytical results not available elsewhere. This information would provide other parties, including competitors, with information from Holtec International's technical database and the results of evaluations performed using codes developed by Holtec International. Release of this information would improve a competitor's position without the competitor having to expend similar resources for the development of the database. A substantial effort has been expended by Holtec International to develop this information. Public disclosure of the information sought to be withheld is likely to causesubstantial harm to Holtec International's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of Holtec International's comprehensive spent fuel storage technology base, and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical S. B. Minahan-2-methodology, and includes development of the expertise to determine and applythe appropriate evaluation process. The research, development, engineering, and analytical costs comprise asubstantial investment of time and money by Holtec International. The precise value of the expertise to devise an evaluation process and apply thecorrect analytical methodology is difficult to quantify, but it clearly is substantial. Holtec International's competitive advantage will be lost if its competitors areable to use the results of the Holtec International experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.The value of this information to Holtec International would be lost if theinformation were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive Holtec International of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.We have reviewed your application and the material in accordance with the requirements of10 CFR 2.390 and, on the basis of the statements in the 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 frompublic disclosure pursuant to 10 CFR 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 anddirectly 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 futuresuch 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.

S. B. Minahan-3-If you have any questions regarding this matter, I may be reached at 301-415-2296. Sincerely,/RA/Carl F. Lyon, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. 50-298 cc: See next page

ML070450237OFFICELPL4/PMLPL4/LALPL4/BCNAMEFLyonLFeizollahiDTerao DATE2/27/072/23/072/27/07 February 2007Cooper Nuclear Station cc:Mr. Ronald D. Asche President and Chief Executive Officer Nebraska Public Power District

1414 15 th StreetColumbus, NE 68601Mr. Gene MaceNuclear Asset Manager Nebraska Public Power District P.O. Box 98 Brownville, NE 68321Mr. John C. McClureVice President and General Counsel Nebraska Public Power District P.O. Box 499 Columbus, NE 68602-0499Mr. Paul V. FlemingLicensing Manager Nebraska Public Power District P.O. Box 98 Brownville, NE 68321Mr. Michael J. Linder, Director Nebraska Department of Environmental Quality P.O. Box 98922 Lincoln, NE 68509-8922Chairman Nemaha County Board of Commissioners Nemaha County Courthouse 1824 N Street Auburn, NE 68305Ms. Julia Schmitt, Manager Radiation Control Program Nebraska Health & Human Services R & L Public Health Assurance 301 Centennial Mall, South P.O. Box 95007 Lincoln, NE 68509-5007Mr. H. Floyd GilzowDeputy Director for Policy Missouri Department of Natural Resources P.O. Box 176 Jefferson City, MO 65102-0176Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 218 Brownville, NE 68321Regional Administrator, Region IVU.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011Director, Missouri State Emergency Management Agency P.O. Box 116 Jefferson City, MO 65102-0116Chief, Radiation and Asbestos Control Section Kansas Department of Health and Environment Bureau of Air and Radiation 1000 SW Jackson Suite 310 Topeka, KS 66612-1366Mr. Donald A. FlaterRadiation Control Program Director Bureau of Radiological Health Iowa Department of Public Health Lucas State Office Building, 5th Floor 321 East 12th Street Des Moines, IA 50319Mr. Daniel K. McGheeBureau of Radiological Health Iowa Department of Public Health Lucas State Office Building, 5th Floor 321 East 12th Street Des Moines, IA 50319 Cooper Nuclear Station-2-February 2007 cc:Mr. Keith G. Henke, Planner Division of Community and Public Health Office of Emergency Coordination 930 Wildwood P.O. Box 570 Jefferson City, MO 65102Mr. Kevin V. Chambliss, Director of Nuclear Safety Assurance Nebraska Public Power District P.O. Box 98 Brownville, NE 68321Mr. John F. McCann, DirectorLicensing, Entergy Nuclear Northeast Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601-1813Mr. Pankaj ChaudharyHoltec International 555 Lincoln Drive West Marlton, NJ 08053