ML053400368

Request for Withholding Information from Public Disclosure

ML053400368
Person / Time
Site:	Monticello
Issue date:	12/12/2005
From:	Tam P Plant Licensing Branch III-2
To:	Conway J Nuclear Management Co
References
TAC MC8971
Download: ML053400368 (4)

Text

December 12, 2005 Mr. John T. Conway Site Vice President Monticello Nuclear Generating Plant Nuclear Management Company, LLC 2807 West County Road 75 Monticello, MN 55362-9637

SUBJECT:

MONTICELLO NUCLEAR GENERATING PLANT - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MC8971)

Dear Mr. Conway:

By your application dated September 15, 2005, and affidavit dated August 31, 2005, executed by Mr. Juan M. Cajigas of Applied Analysis Corporation (AAC), you submitted License Amendment Request - Full Scope Application of an Alternative Source Term and requested that calculations contained on compact disc 2 (Calculations CA-04-036, Rev. 1; CA-04-037, Rev. 2; CA-04-38, Rev. 0; CA-04-039, Rev. 0; CA-04-040, Rev. 0; and CA-04-041, Rev. 1) of your submittal be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.

A non-proprietary copy of this document (i.e., Enclosure 9 of the application) was also submitted and has been placed in the Nuclear Regulatory Commissions (NRCs) 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 from mandatory public disclosure for the following reasons:

a. The information discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by AACs competitors without license from AAC constitutes a competitive economic advantage over other companies;

b. The information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, preparation, assurance of quality, or licensing of a similar service.

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, we have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the calculations identified above, which are 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.

J. T. Conway 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,

\RA\

Peter S. Tam, Senior Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263 cc: See next page

ML053400368 OFFICE NRR/LPL3-1/PM NRR/LPL3-1/LA NRR/LPL3-1/BC NAME PTam THarris TKobetz for LRaghavan DATE 12/7/05 12/7/05 12/12/05

Monticello Nuclear Generating Plant cc:

Jonathan Rogoff, Esquire Commissioner Vice President, Counsel & Secretary Minnesota Department of Commerce Nuclear Management Company, LLC 85 7th Place East, Suite 500 700 First Street St. Paul, MN 55101-2198 Hudson, WI 54016 Manager - Environmental Protection Division U.S. Nuclear Regulatory Commission Minnesota Attorney Generals Office Resident Inspector's Office 445 Minnesota St., Suite 900 2807 W. County Road 75 St. Paul, MN 55101-2127 Monticello, MN 55362 Michael B. Sellman Manager, Regulatory Affairs President and Chief Executive Officer Monticello Nuclear Generating Plant Nuclear Management Company, LLC Nuclear Management Company, LLC 700 First Street 2807 West County Road 75 Hudson, MI 54016 Monticello, MN 55362-9637 Nuclear Asset Manager Robert Nelson, President Xcel Energy, Inc.

Minnesota Environmental Control 414 Nicollet Mall, R.S. 8 Citizens Association (MECCA) Minneapolis, MN 55401 1051 South McKnight Road St. Paul, MN 55119 Commissioner Minnesota Pollution Control Agency 520 Lafayette Road St. Paul, MN 55155-4194 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 Commissioner Minnesota Department of Health 717 Delaware Street, S. E.

Minneapolis, MN 55440 Douglas M. Gruber, Auditor/Treasurer Wright County Government Center 10 NW Second Street Buffalo, MN 55313