ML092100003

Request to Withhold Proprietary Information from Public Disclosure

ML092100003
Person / Time
Site:	Susquehanna
Issue date:	08/05/2009
From:	Bhalchandra Vaidya Plant Licensing Branch 1
To:	Rausch T Susquehanna
vaidya b k
References
TAC ME0772
Download: ML092100003 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Timothy S. Rausch Senior Vice President and Chief Nuclear Officer PPL Susquehanna, LLC 769 Salem Boulevard Berwick, PA 18603-0467

SUBJECT:

SUSQUEHANNA STEAM ELECTRIC STATION, UNIT 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO.

ME0772)

Dear Mr. Rausch:

By letter dated July 15, 2009, PPL Susquehanna, LLC, submitted an affidavit, executed by Mr. Richard D. Pagodin, General Manager, Nuclear Engineering, PPL, Susquehanna, LLC, dated May 29, 2009, requesting that the information contained in the followinq document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:

PPL Susquehanna, LLC Letter Number PLA-6527, "Susquehanna Steam Electric Station Unit 2 Operating License No. NPF-22, [Docket No. 50-388], License Condition 2.C.(20)(a)3, dated July 15, 2009, Enclosure 1 Proprietary Version of SSES Replacement Dryer Report, Unit 2 Start-up 103.5% Power Test Plateau."

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

7. The information identified ... is classified as proprietary because it details the results of test data derived from test instrumentation installed specifically to collect this data. This instrumentation was installed at a significant cost to PPL. The data and the conditions under which it was collected constitute a major PPL asset.

8. Public disclosure of the information sought to be withheld is likely to cause substantial harm to PPL by foreclosing or reducing the availability of profit-making opportunities. The information is of value to other BWR [boiling-water reactor]

Licensees and would support [their] evaluations and analyses associated with extended power uprate license amendment submittals. Making this information available to other BWR Licensees would represent a windfall and deprive PPL the opportunity to recover a portion of its large investment in test instrumentation from which this data is derived.

We have reviewed your application and the material in accordance with the 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.

T. S. Rausch - 2 Therefore, the submitted information 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.

A nonproprietary copy of this document (Enclosure 2 of the above referenced letter) has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

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 301-415-3308.

Sincerely, Bhalchandra K. Vaidya, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-388 cc: Distribution via Listserv

T. S. Rausch -2 Therefore, the submitted information 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.

A nonproprietary copy of this document (Enclosure 2 of the above referenced letter) has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

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 301-415-3308.

Sincerely, IRA!

Bhalchandra K. Vaidya, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-388 cc: See next page DISTRIBUTION PUBLIC LPL1-1 r/f RidsNrrDorlLPL1-1 RidsNrrPMBVaidya (hard copy)

RidsNrrLA SLittie (hard copy) RidsNrrPMBVaidya (hard copy) RidsOGCRp RidsNrrDoriDpr RidsAcrsAcnw&m MailCenter RidsNrrRgn1 MailCenter RidsNrrDeEmcb ADAMS Accession No ... ML092100003 OFFICE LPLI-1/PM LPLI-1/LA NRRlDE/EMCB/BC LPLI-1/BC NAME BVaidya SLittie MKhanna NSalgado DATE 7/29/09 7/29/09 8/04/09 8/05/09 OFFICIAL RECORD COpy