ML091900210

Request for Withholding Information from Public Disclosure

ML091900210
Person / Time
Site:	Kewaunee
Issue date:	07/24/2009
From:	Tam P Plant Licensing Branch III
To:	Heacock D Dominion Energy Kewaunee
Tam P
References
TAC ME0253
Download: ML091900210 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 July 24, 2009 Mr. David A. Heacock President and Chief Nuclear Officer Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711

SUBJECT:

KEWAUNEE POWER STATION - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME0253)

Dear Mr. Heacock:

By letter dated July 1,2009 (Agencywide Documents Access and Management System ADAMS Accession No. ML091880776), you responded to a request for additional information from the Nuclear Regulatory Commission (NRC) staff. Your submittal included Attachment 1, "Dominion Energy Kewaunee Responses to NRC Request for Additional Information Concerning Preliminary Decommissioning Cost Estimate and Irradiated Fuel Management Plan (Proprietary Version)" (ADAMS Accession No. ML091880778), and Attachment 3 included an affidavit executed by Mr. J. Alan Price, Vice President - Nuclear Engineering of Dominion Energy Kewaunee (DEK), requesting that Attachment 1 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 entire Attachment 1 contains proprietary commercial information that should be withheld from mandatory public disclosure for the followinq reasons:

a. This information is being held in confidence by DEK.

b. This information is of a type that is held in confidence by DEK, and there is a rational basis for doing so because the information contains sensitive commercial information concerning a DEK contract.

c. This information is being transmitted to the NRC in confidence.

d. This information is not available in public sources and could not be gathered readily from other publicly available information.

e. Public disclosure of this information would create substantial harm to the competitive position of DEK by disclosing confidential contract information to other parties whose commercial interests may be adverse to those of DEK. Therefore, the use of this confidential information by competitors may permit them to use the information to develop competitive advantages over DEK.

We have reviewed DEK'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

D. A. Heacock -2 disclosure. Therefore, the entire Attachment 1, 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.

We have released to the public Attachment 3 (ADAMS Accession No. ML091880777), the non proprietary version of Attachment 1, of the July 1, 2009 submittal.

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.

(?;~

Peter S. Tam, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-305 cc: Mr. J. Alan Price Vice President - Nuclear Engineering Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711 Additional Distribution via ListServ

ML091880777), the non proprietary version of Attachment 1, of the July 1, 2009 submittal.

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, IRAJ Peter S. Tam, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-305 cc: Mr. J. Alan Price Vice President - Nuclear Engineering Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711 Additional Distribution via ListServ DISTRIBUTION:

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/ASimmans far DATE 07/14/09 07/13/09 07/14/09 07/24/09