ML020230234

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Request for Withholding Information from Public Disclosure - Applied Analysis Corporation
ML020230234
Person / Time
Site: Brunswick  Duke Energy icon.png
Issue date: 01/17/2002
From: Hansen A
NRC/NRR/DLPM/LPD2
To: Cajigas J
Applied Analysis Corp
Hansen A, NRR/DLPM, 415-1390
References
TAC MB2570, TAC MB2571
Download: ML020230234 (5)


Text

Mr. Juan Cajigas January 17, 2002 Applied Analysis Corporation 48 Fawn Drive Shillington, PA 19607

SUBJECT:

APPLIED ANALYSIS CORPORATION, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR BRUNSWICK STEAM ELECTRIC PLANT UNITS 1 AND 2 (TAC NOS. MB2570 AND MB2571)

Dear Mr. Cajigas:

By letter dated November 28, 2001, Carolina Power and Light Company submitted an affidavit dated June 1, 2001, executed by you, requesting that the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790:

BNP-RAD-001 Accident Offsite Radiological Atmospheric Dispersion Factors (Chi/Q)

BNP-RAD-002 Accident Control Room and TSC Radiological Atmospheric Dispersion Factors (Chi Over Q)

BNP-RAD-003 Suppression Pool Post-LOCA pH Calculation With Alternate Source Term BNP-RAD-006 NUREG-0737 Item II.B.2 - Mission Dose Assessment For AEP and AST BNP-RAD-007 DBA LOCA Radiological Dose With Alternate Source Term BNP-RAD-008 Non-LOCA Radiological Consequence Dose With Alternate Source Term 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 Applied Analysis Corporations competitors without license from Applied Analysis Corporation constitutes a competitive economic advantage over other companies.

(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.

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.

J. Cajigas Therefore, the submitted documents 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) 415-1390.

Sincerely,

/RA by J. Goshen Acting for/

Allen G. Hansen, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-325 and 50-324 cc: See next page

J. Cajigas Therefore, the submitted documents 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) 415-1390.

Sincerely,

/RA by J. Goshen Acting for/

Allen G. Hansen, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-325 and 50-324 cc: See next page DISTRIBUTION PUBLIC Edunnington (Hard Copy) BBonser, RII PDII R/F AHansen HBerkow RCorreia MPSiemien, OGC ADAMS Accession Number: ML020230234 *See previous concurrence OFFICE PDII-2/PM PDII-2/LA OGC* PDII-2/SC NAME JGoshen for AHansen CHawes for EDunnington MPSiemien RCorreia DATE 01/16/02 01/16/02 01/15/02 01/17/02 OFFICIAL RECORD COPY

Carolina Power & Light Company Brunswick Steam Electric Plant Units 1 and 2 cc:

Mr. William D. Johnson Ms. Margaret A. Force Vice President and Corporate Secretary Assistant Attorney General Carolina Power & Light Company State of North Carolina Post Office Box 1551 Post Office Box 629 Raleigh, North Carolina 27602 Raleigh, North Carolina 27602 Mr. Donald E. Warren Mr. Robert P. Gruber Brunswick County Board of Commissioners Executive Director Post Office Box 249 Public Staff - NCUC Bolivia, North Carolina 28422 Post Office Box 29520 Raleigh, North Carolina 27626-0520 Resident Inspector U.S. Nuclear Regulatory Commission Mr. J. J. Lyash 8470 River Road Director - Site Operations Southport, North Carolina 28461 Carolina Power & Light Company Brunswick Steam Electric Plant Mr. John H. ONeill, Jr. Post Office Box 10429 Shaw, Pittman, Potts & Trowbridge Southport, North Carolina 28461 2300 N Street, NW.

Washington, DC 20037-1128 Mr. Norman R. Holden, Mayor City of Southport 201 East Moore Street Mr. Mel Fry, Director Southport, North Carolina 28461 Division of Radiation Protection N.C. Department of Environment Mr. Dan E. Summers and Natural Resources Emergency Management Coordinator 3825 Barrett Dr. New Hanover County Department of Raleigh, North Carolina 27609-7721 Emergency Management Post Office Box 1525 Wilmington, North Carolina 28402 Mr. C. J. Gannon Plant Manager Mr. Terry C. Morton Carolina Power & Light Company Manager Brunswick Steam Electric Plant Performance Evaluation and Post Office Box 10429 Regulatory Affairs CPB 7 Southport, North Carolina 28461 Carolina Power & Light Company Post Office Box 1551 Public Service Commission Raleigh, North Carolina 27602-1551 State of South Carolina Post Office Drawer 11649 Mr. David C. DiCello Columbia, South Carolina 29211 Manager - Regulatory Affairs Carolina Power & Light Company Mr. J. S. Keenan, Vice President Post Office Box 10429 Brunswick Steam Electric Plant Southport, NC 28461 Carolina Power & Light Company Post Office Box 10429 Southport, North Carolina 28461