ML060830628

Request for Withholding Information from Public Disclosure

ML060830628
Person / Time
Site:	Cook
Issue date:	03/31/2006
From:	Tam P Plant Licensing Branch III-2
To:	Nazar M Indiana Michigan Power Co
References
TAC MD0496, TAC MD0497
Download: ML060830628 (5)

Text

March 31, 2006 Mr. Mano K. Nazar Senior Vice President and Chief Nuclear Officer Indiana Michigan Power Company Nuclear Generation Group One Cook Place Bridgman, MI 49106

SUBJECT:

DONALD C. COOK NUCLEAR PLANT, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MD0496 AND MD0497)

Dear Mr. Nazar:

By application dated March 7, 2006, and affidavit dated February 3, 2006, executed by B. F. Maurer of Westinghouse Electric Company, Mr. Joseph N. Jensen submitted an application for amendment entitled Technical Specification Change of Interlock for a Reactor Trip on Turbine Trip, and requested that Westinghouse document AEP-05-107, Rev. 1 P-Attachment, "Engineering Report for D. C. Cook Units 1 & 2 Turbine Trip without Reactor Trip Transient from the P-8 Setpoint Analysis," conveyed by Mr. Jensen's submittal, 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 submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

(c) Its use 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 a similar product.

We have reviewed your application and the enclosed 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.

M. K. Nazar 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 Nos. 50-315 and 50-316 cc: See next page

ML060830628 OFFICE NRR/LPL3-1/PM NRR/LPL3-1/LA NRR/LPL3-1/BC NAME PTam THarris LRaghavan DATE 03/30/06 03/29/06 03/31/06 Donald C. Cook Nuclear Plant, Units 1 and 2 cc:

Regional Administrator, Region III Michigan Department of Environmental U.S. Nuclear Regulatory Commission Quality Suite 210 Waste and Hazardous Materials Div.

2443 Warrenville Road Hazardous Waste & Radiological Lisle, IL 60532-4351 Protection Section Nuclear Facilities Unit Attorney General Constitution Hall, Lower-Level North Department of Attorney General 525 West Allegan Street 525 West Ottawa Street P. O. Box 30241 Lansing, MI 48913 Lansing, MI 48909-7741 Township Supervisor Lawrence J. Weber, Plant Manager Lake Township Hall Indiana Michigan Power Company P.O. Box 818 Nuclear Generation Group Bridgman, MI 49106 One Cook Place Bridgman, MI 49106 U.S. Nuclear Regulatory Commission Resident Inspector's Office Mr. Joseph N. Jensen, Site Vice President 7700 Red Arrow Highway Indiana Michigan Power Company Stevensville, MI 49127 Nuclear Generation Group One Cook Place James M. Petro, Jr., Esquire Bridgman, MI 49106 Indiana Michigan Power Company One Cook Place Bridgman, MI 49106 Mayor, City of Bridgman P.O. Box 366 Bridgman, MI 49106 Special Assistant to the Governor Room 1 - State Capitol Lansing, MI 48909 Mr. John A. Zwolinski Safety Assurance Director Indiana Michigan Power Company Nuclear Generation Group One Cook Place Bridgman, MI 49106