ML19298C168

Request for Withholding Information from Public Disclosure

ML19298C168
Person / Time
Site:	Fermi
Issue date:	11/04/2019
From:	Sujata Goetz Plant Licensing Branch III
To:	Peter Dietrich DTE Electric Company
Goetz S
References
EPID L-2019-LLA-0199
Download: ML19298C168 (3)

Text

November 4, 2019 Mr. Peter Dietrich Senior Vice President and Chief Nuclear Officer DTE Electric Company Fermi 2 - 260 TAC 6400 North Dixie Highway Newport, MI 48166

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR FERMI 2 (EPID L-2019-LLA-0199)

Dear Mr. Dietrich:

By letter dated September 5, 2019, (Agencywide Document Access and Management System (ADAMS) Accession No. ML19248C679) DTE Energy Company submitted an affidavit for Lisa Schichlein, dated October 8, 2018, which requested that the following information contained in to the letter be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

NEDC-33889P, Fermi Nuclear Generating Station Unit 2: Fuel Storage Criticality Safety Analysis of Spent Fuel Storage Racks with Rack Inserts, Revision 0, October 2018.

A nonproprietary copy of this document (Attachment 5) to DTEs letter has been has been placed in the U.S. Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the NRC Library under ADAMS Accession No. ML19248C679.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

Information 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; and 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 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.

P. Dietrich 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 301-415-8004.

Sincerely,

/RA/

Sujata Goetz, Project Manager Plant Licensing Branch III Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-341 cc: Listserv

ML19298C168 *by email OFFICE DORL/LPL3/PM DORL/LPL3/LA DNRL/NCSG/BC* DSS/SFNB/BC NAME SGoetz SRohrer SBloom* RLukes*

DATE 10/29/19 10/28/19 10/29/19 10/29/19 OFFICE DSS/STSB/BC DORL/LPL3/BC DORL/LPL3/PM NAME VCusumano* NSalgado (RKuntz for) SGoetz OFFICE 10/30/19 11/4/19 11/4/19