ML043350180

Request for Withholding from Public Disclosure, Additional Information Regarding the Cycle Specific SLMCPR for Plant Unit 1 Cycle 10.

ML043350180
Person / Time
Site:	Perry
Issue date:	01/07/2005
From:	Macon W NRC/NRR/DLPM/LPD3
To:	Harding M Global Nuclear Fuel
Macon W, NRR/DLPM,415-3965
References
TAC MC2599
Download: ML043350180 (5)

Text

January 7, 2005 Ms. Margaret E. Harding, Manager Fuel Engineering Services, Global Nuclear Fuel - Americas, LLC P.O. Box 780 Wilmington, NC 28402

SUBJECT:

FIRSTENERGY NUCLEAR OPERATING COMPANY - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR PERRY NUCLEAR POWER PLANT UNIT 1 (TAC NO. MC2599)

Dear Ms. Harding:

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated April 5, 2004, FirstEnergy Nuclear Operating Company submitted an affidavit dated October 3, 2003, executed by Margaret E. Harding, in which you requested that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390: Additional Information Regarding the Cycle Specific SLMCPR For Perry Unit 1 Cycle 10.

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 from mandatory public disclosure for the following reasons:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-As competitors without license from GNF-A constitutes a competitive economic advantage over other companies;

b. Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

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.

Therefore, the version(s) of 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.

M. Harding 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 301-415-3965.

Sincerely,

/RA/

William A. Macon, Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-440 cc: See next page

M. Harding 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 301-415-3965.

Sincerely,

/RA/

William A. Macon, Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-440 cc: See next page DISTRIBUTION:

PUBLIC PDIII-2 R/F WRuland GGrant, RGNIII GSuh FAkstuleqicz WMacon DClarke ADAMS ACCESSION NO.: ML043350180 OFFICE LA:PDIII-1 PM:PDIII-2 SC:SRXB-A SC:PDIII-2 NAME DClarke WMacon FAkstulewicz GSuh DATE 12/13/04 12/16/04 1/6/05 1/7/05 OFFICE RECORD COPY

Perry Nuclear Power Plant, Unit 1 Mary E. O'Reilly Carol OClaire, Chief, Radiological Branch FirstEnergy Corporation Ohio Emergency Management Agency 76 South Main St. 2855 West Dublin Granville Road Akron, OH 44308 Columbus, OH 43235-7150 Resident Inspector's Office Mayor, Village of Perry U.S. Nuclear Regulatory Commission P.O. Box 100 P.O. Box 331 Perry, OH 44081-0100 Perry, OH 44081-0331 Dennis Clum Regional Administrator, Region III Radiological Assistance Section Supervisor U.S. Nuclear Regulatory Commission Bureau of Radiation Protection 801 Warrenville Road Ohio Department of Health Lisle, IL 60532-4531 P.O. Box 118 Columbus, OH 43266-0118 Sue Hiatt OCRE Interim Representative Zack A. Clayton 8275 Munson DERR Mentor, OH 44060 Ohio Environmental Protection Agency ATTN: Mr. Zack A. Clayton Mr. Vernon K. Higaki P.O. Box 1049 Manager - Regulatory Affairs Columbus, OH 43266-0149 FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant Chairman P.O. Box 97, A210 Perry Township Board of Trustees 10 Center Road 3750 Center Road, Box 65 Perry, OH 44081 Perry, OH 44081 Frederick van Ahn, Plant Manager Daniel Z. Fisher FirstEnergy Nuclear Operating Company Transportation Department Perry Nuclear Power Plant Public Utilities Commission P.O. Box 97, SB306 180 East Broad Street Perry, OH 44081 Columbus, OH 43215-3793 Mayor, Village of North Perry Joseph J. Hagan North Perry Village Hall Senior Vice President, Engineering and 4778 Lockwood Road Services North Perry Village, OH 44081 FirstEnergy Nuclear Operating Company 76 South Main Street Donna Owens, Director Akron, Ohio 44308 Ohio Department of Commerce Division of Industrial Compliance Mr. Lew W. Myers Bureau of Operations & Maintenance Chief Operating Officer 6606 Tussing Road FirstEnergy Nuclear Operating Company P. O. Box 4009 Perry Nuclear Power Plant Reynoldsburg, OH 43068-9009 P.O. Box 97, A290 10 Center Road Perry, Ohio 44081