ML020090707
| ML020090707 | |
| Person / Time | |
|---|---|
| Site: | Arkansas Nuclear  |
| Issue date: | 01/09/2002 |
| From: | Alexion T NRC/NRR/DLPM/LPD4 |
| To: | Golbabai M Westinghouse |
| References | |
| TAC MB0789 | |
| Download: ML020090707 (4) | |
Text
January 9, 2002 Mr. Mehran Golbabai Project Manager, ANO-2 Power Uprate Westinghouse Electric Company LLC 2000 Day Hill Road Windsor, CT 06095
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE
- ARKANSAS NUCLEAR ONE, UNIT 2 (ANO-2) (TAC NO. MB0789)
Dear Mr. Golbabai:
By letter dated December 20, 2001, and affidavit dated June 15, 2001, executed by Philip W.
Richardson of Westinghouse Electric Company LLC (WEC), Glenn R. Ashley, Manager, Licensing, Entergy Operations, Inc. (the licensee) submitted excerpts from A-AN-FE-0233, Revision 04 (ANO-2 Document Number 98-E-0036-04), "ANO-2 Radiological Dose Analysis for RSG [Replacement Steam Generator] and Power Uprate," dated November 27, 2000, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary version of the same excerpts was also provided in the same December 20, 2001, letter by the licensee, and it has been placed in the Nuclear Regulatory Commission (NRC) public document room and added to the Agencywide Documents Access and Management Systems Publicly Available Records System (ADAMS PARS) library.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
- a. A similar product is manufactured and sold by major competitors of WEC.
- b. Development of this information by WEC required tens of thousands of dollars and hundreds of manhours of effort. A competitor would have to undergo similar expense in generating equivalent information. In order to acquire such information, a competitor would also require considerable time and inconvenience to develop radiological consequences associated with non-Loss of Coolant Accident transient analyses for ANO-2.
- c. The information consists of technical data and details concerning the development of radiological consequences associated with non-Loss of Coolant Accident transient analyses for ANO-2, the application of which provides WEC a competitive economic advantage. The availability of such information to competitors would enable them to design their product to better compete with WEC, take marketing or other actions to improve their product's position or impair the position of WEC's product, and avoid developing similar technical analysis in support of their processes, methods or apparatus.
Mr. Mehran Golbabai d. In pricing WEC's products and services, significant research, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included. The ability of WEC's competitors to utilize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.
- e. Use of the information by competitors in the international marketplace would increase their ability to market comparable analytical services by reducing the costs associated with their technology development. In addition, disclosure would have an adverse economic impact on WEC's potential for obtaining or maintaining foreign licenses.
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.
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 301-415-1326.
Sincerely,
/RA/
Thomas W. Alexion, Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-368 cc: See next page
Mr. Mehran Golbabai d. In pricing WEC's products and services, significant research, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included. The ability of WEC's competitors to utilize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.
- e. Use of the information by competitors in the international marketplace would increase their ability to market comparable analytical services by reducing the costs associated with their technology development. In addition, disclosure would have an adverse economic impact on WEC's potential for obtaining or maintaining foreign licenses.
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.
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 301-415-1326.
Sincerely,
/RA/
Thomas W. Alexion, Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-368 DISTRIBUTION:
PUBLIC PDIV-1 r/f cc: See next page RidsNrrDlpmLpdiv (S. Richards) M. P. Siemien (MPS)
RidsNrrDlpmLpdiv1 (R. Gramm) RidsNrrPMTAlexion RidsRgn4MailCenter (K. Brockman) RidsNrrLADJohnson Accession No.: ML020090707 OFFICE PDIV-1/PM PDIV-1/LA SPSB SPSB/SC OGC PDIV-1/SC NAME TAlexion: DJohnson JHayes MCaruso for MSiemien RGramm MReinhart DATE 12/26/01 01/02/02 01/02/02 01/07/02 01/09/02 01/09/02 OFFICIAL RECORD COPY
Arkansas Nuclear One cc:
Executive Vice President Vice President, Operations Support
& Chief Operating Officer Entergy Operations, Inc.
Entergy Operations, Inc. P. O. Box 31995 P. O. Box 31995 Jackson, MS 39286-1995 Jackson, MS 39286-1995 Wise, Carter, Child & Caraway Director, Division of Radiation P. O. Box 651 Control and Emergency Management Jackson, MS 39205 Arkansas Department of Health 4815 West Markham Street, Slot 30 Mr. Craig G. Anderson Little Rock, AR 72205-3867 Vice President Operations, ANO Entergy Operations, Inc.
Winston & Strawn 1448 S. R. 333 1400 L Street, N.W. Russellville, AR 72801 Washington, DC 20005-3502 Jimmy D. Vandergrift Mike Schoppman Director, Nuclear Safety Assurance Framatome ANP, Richland, Inc. Entergy Operations, Inc.
Suite 705 1448 S. R. 333 1911 North Fort Myer Drive Russellville, AR 72801 Rossylin, VA 22209 Senior Resident Inspector U.S. Nuclear Regulatory Commission P. O. Box 310 London, AR 72847 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064 County Judge of Pope County Pope County Courthouse Russellville, AR 72801 March 2001