ML022100163

Request for Withholding Information from Public Disclosure MB3972

ML022100163
Person / Time
Site:	Grand Gulf
Issue date:	08/09/2002
From:	Jaffe D NRC/NRR/DLPM/LPD4
To:	Stramback G General Electric Co
Jaffe D, NRR/DLPM, 415-1439
References
TAC MB3972
Download: ML022100163 (4)

Text

August 9, 2002 Mr. George B. Stramback General Electric Company Project Manager, Regulatory Services 175 Curtner Avenue San Jose CA 95125

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE GRAND GULF NUCLEAR STATION, UNIT 1 (TAC NO. MB3972)

Dear Mr. Stramback:

By letter dated July 22, 2002, Entergy Operations, Inc., submitted a response to a U.S. Nuclear Regulatory Commission (NRC) request for additional information (RAI) concerning the Grand Gulf Nuclear Station, Unit 1, power uprate request, which contained information that is considered proprietary by General Electric Company (GE or General Electric), and requested that the proprietary information be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790. The July 22, 2002, RAI forwarded a letter from Mr. Michael Dick, GE, dated July 19, 2002, and your affidavit dated July 19, 2002.

Nonproprietary versions of the information, transmitted by the letters dated July 19 and 22, 2002, and GE letter dated July 19, 2002, have been placed in the 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. Information that 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;

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 2.790 and, on the basis of the statements in the GE affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

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 301-415-1439.

Sincerely,

/RA/

David H. Jaffe, Senior Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-416 cc: w/encls: See next page

ML022100163 OFFICE PDIV-1/PM PDIV-1/LA SRXB/SC OGC PDIV-1/SC NAME DJaffe DJohnson RCaruso MPSiemien RGramm DATE 7/30/02 7/30/02 8/5/02 8/8/02 8/9/02 Grand Gulf Nuclear Station cc:

Executive Vice President Attorney General

& Chief Operating Officer Department of Justice Entergy Operations, Inc. State of Louisiana P. O. Box 31995 P. O. Box 94005 Jackson, MS 39286-1995 Baton Rouge, LA 70804-9005 Wise, Carter, Child & Caraway State Health Officer P. O. Box 651 State Board of Health Jackson, MS 39205 P. O. Box 1700 Jackson, MS 39205 Winston & Strawn 1400 L Street, N.W. - 12th Office of the Governor FloorWashington, DC 20005-3502 State of Mississippi Jackson, MS 39201 Director Division of Solid Waste Management Attorney General Mississippi Department of Natural Asst. Attorney General Resources State of Mississippi P. O. Box 10385 P. O. Box 22947 Jackson, MS 39209 Jackson, MS 39225 President Vice President, Operations Support Claiborne County Entergy Operations, Inc.

Board of Supervisors P.O. Box 31995 P. O. Box 339 Jackson, MS 39286-1995 Port Gibson, MS 39150 Director Regional Administrator, Region IV Nuclear Safety Assurance U.S. Nuclear Regulatory Commission Entergy Operations, Inc.

611 Ryan Plaza Drive, Suite 1000 P.O. Box 756 Arlington, TX 76011 Port Gibson, MS 39150 Senior Resident Inspector Mr. William A. Eaton U. S. Nuclear Regulatory Commission Vice President, Operations GGNS P. O. Box 399 Entergy Operations, Inc.

Port Gibson, MS 39150 P. O. Box 756 Port Gibson, MS 39150 General Manager, GGNS Entergy Operations, Inc.

P. O. Box 756 Port Gibson, MS 39150 May 1999