ML032270271

Withholding from Public Disclosure, GE Report GE-NE-0000-0002-8817

ML032270271
Person / Time
Site:	Monticello
Issue date:	08/26/2003
From:	Padovan L NRC/NRR/DLPM/LPD3
To:	Denise Wilson Nuclear Management Co
References
GE-NE-0000-0002-8817-01, Rev 1, TAC MB7187
Download: ML032270271 (4)

Text

August 26, 2003 Mr. David L. Wilson 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. MB7187)

Dear Mr. Forbes:

The Nuclear Management Company, LLCs (NMCs), letter of December 6, 2002, submitted an affidavit dated September 25, 2002, executed by David J. Robare, General Electric Company (GE), requesting that information in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.790:

GE Report GE-NE-0000-0002-8817-01, Revision 1, "Monticello Nuclear Generating Plant Long-term Containment Analysis," dated September 2002 A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission's (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:

• It discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by General Electrics competitors without license from General Electric constitutes a competitive economic advantage over other companies.

• It, 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.

• It contains detailed results of analytical models, methods and processes, including computer codes, which GE has developed.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 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.

D. Wilson Therefore, the version of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

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 301-415-3049.

Sincerely,

/RA/

L. Mark Padovan, Project Manager, Section 1 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-263 cc: See next page

ML032270271 OFFICE PDIII-1/PM PDIII-1/LA SPSB/SC OGC PDIII-1/SC NAME LPadovan RBouling RDennig DHassel LRaghavan DATE 08/17/03 08/18/03 08/20/03 08/25/03 08/25/03 Monticello Nuclear Generating Plant cc:

Jonathan Rogoff, Esquire Commissioner General Counsel Minnesota Department of Commerce Nuclear Management Company, LLC 121 Seventh Place East 700 First Street Suite 200 Hudson, WI 54016 St. Paul, MN 55101-2145 U.S. Nuclear Regulatory Commission Adonis A. Neblett Resident Inspectors Office Assistant Attorney General 2807 W. County Road 75 Office of the Attorney General Monticello, MN 55362 445 Minnesota Street Suite 900 Manager, Regulatory Affairs St. Paul, MN 55101-2127 Monticello Nuclear Generating Plant Nuclear Management Company, LLC John Paul Cowan 2807 West County Road 75 Executive Vice President & Chief Nuclear Monticello, MN 55362-9637 Officer Nuclear Management Company, LLC Robert Nelson, President 700 First Street Minnesota Environmental Control Hudson, WI 54016 Citizens Association (MECCA) 1051 South McKnight Road Nuclear Asset Manager St. Paul, MN 55119 Xcel Energy, Inc.

414 Nicollet Mall, R.S. 8 Commissioner Minneapolis, MN 55401 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 August 2003