ML101660049

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Request for Withholding Information from Public Disclosure for Hope Creek Generating Station
ML101660049
Person / Time
Site: Hope Creek PSEG icon.png
Issue date: 07/02/2010
From: Richard Ennis
Plant Licensing Branch 1
To: Joyce T
Public Service Enterprise Group
Ennis R, NRR/DORL, 415-1420
References
LR-N10-0210, TAC ME2949
Download: ML101660049 (3)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 2,2010 Mr. Thomas Joyce President and Chief Nuclear Officer PSEG Nuclear P.O. Box 236, N09 Hancocks Bridge, NJ 08038 SUB~IECT: REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR HOPE CREEK GENERATING STATION (TAC NO. IVIE2949)

Dear Mr. Joyce:

By PSEG Nuclear LLC (PSEG) letter LR-N10-0210 dated June 10, 2010, and GE-Hitachi Nuclear Energy Americas LLC (GEH) affidavit, executed by James F. Harrison (Attachment 2 to letter LR-N10-0210), PSEG 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) Section 2.390:

"Additional Information Supporting Proposed License Amendment - Use of Isotope Test Assemblies for Cobalt -60 Production - Hope Greek Generating Station - Docket No. 50-354" (Attachment 1 to letter LR-N10-021 0)

A nonproprietary copy of this document (Attachment 3 to letter LR-N 10-021 0) 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:

(4)a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEH's competitors without license from GEH constitutes a competitive economic advantage over other companies; and (4)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.

T. Joyce -2 We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the 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 2.390(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 301-415-1420.

Sincerely, Richard B. Ennis, Senior Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-354 cc: Mr. James F. Harrison Vice President, Fuel Licensing, Regulatory Affairs GE-Hitachi Nuclear Energy Americas LLC P.O. Box 780, M/C A-55 Wilmington, NC 28401 Additional Distribution via Listserv

'.. ML101660049 OFFICE LPL 1-2/PM LPL1-1/LA SNPB/BC LPL 1-2/BC NAME REnnis ABaxter AMendiola (AAttard for) HChernoff DATE 6/15/10 6/16/10 6/24/10 7/2110