ML021350374

Request for Withholding Information from Public Disclosure by Letter Dated 03/28/2002

ML021350374
Person / Time
Site:	North Anna
Issue date:	05/13/2002
From:	Stephen Monarque NRC/NRR/DLPM
To:	Mallay J Framatome ANP Richland
Monarque S, NRR/DLPM, 415-1544
References
TAC MB4714, TAC MB4715
Download: ML021350374 (4)

Text

May 13, 2002 Mr. James F. Mallay Director, Regulatory Affairs Framatome ANP, Richland, Inc.

2101 Horn Rapids Road Richland, WA 99352

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE NORTH ANNA POWER STATION, UNITS 1 AND 2 (TAC NOS. MB4714 AND MB4715)

Dear Mr. Mallay:

By letter dated March 28, 2002, Virginia Electric and Power Company submitted an affidavit dated March 20, 2002, executed by you, requesting that information contained in the document entitled Evaluation of Use of Framatome ANP Advanced Mark-BW Fuel at North Anna Power Station, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790. A nonproprietary copy of this document 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:

(a)

The information reveals details of FRA-ANPs research and development plans and programs or their results.

(b)

Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.

(c)

The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for FRA-ANP.

(d)

The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for FRA-ANP in product optimization or marketability.

(e)

The information is vital to a competitive advantage held by FRA-ANP, would be helpful to competitors to FRA-ANP, and would likely cause substantial harm to the competitive position of FRA-ANP.

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 301-415-1544.

Sincerely,

/RA/

Stephen R. Monarque, Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-338 and 50-339 cc: See next page 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 301-415-1544.

Sincerely,

/RA/

Stephen R. Monarque, Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-338 and 50-339 cc: See next page DISTRIBUTION:

PUBLIC EDunnington (Hard copy)

KLandis, RII PDII-1 R/F SMonarque HBerkow JNakoski MPSiemien, OGC ADAMS ACCESS.NO.ML021350374 OFFICE PM:PDII/S1 LA:PDII/S2 OGC SRXB SC:PDII/S1 NAME SMonarque EDunnington MPSiemien RCaruso JNakoski DATE 04/19/02 04/19/02 04/29/02 04/22/02 04/29/02 COPY Yes/No Yes/No Yes/No Yes/No Yes/No OFFICIAL RECORD COPY North Anna Power Station

Virginia Electric & Power Company cc:

Mr. C. Lee Lintecum County Administrator Louisa County P.O. Box 160 Louisa, Virginia 23093 Ms. Lillian M. Cuoco, Esquire Senior Nuclear Counsel Dominion Nuclear Connecticut, Inc.

Millstone Power Station Building 475, 5th Floor Rope Ferry Road Rt. 156 Waterford, Connecticut 06385 Dr. W. T. Lough Virginia State Corporation Commission Division of Energy Regulation P. O. Box 1197 Richmond, Virginia 23209 Old Dominion Electric Cooperative 4201 Dominion Blvd.

Glen Allen, Virginia 23060 Mr. Stephen P. Sarver, Director Nuclear Licensing & Operations Support Virginia Electric and Power Company Innsbrook Technical Center 5000 Dominion Blvd.

Glen Allen, Virginia 23060-6711 Office of the Attorney General Commonwealth of Virginia 900 East Main Street Richmond, Virginia 23219 Senior Resident Inspector North Anna Power Station U.S. Nuclear Regulatory Commission 1024 Haley Drive Mineral, Virginia 23117 Units 1 and 2 Mr. David A. Heacock Site Vice President North Anna Power Station P. O. Box 402 Mineral, Virginia 23117 Mr. David A. Christian Sr. Vice President and Chief Nuclear Officer Virginia Electric and Power Company Innsbrook Technical Center 5000 Dominion Blvd.

Glen Allen, Virginia 23060-6711 Mr. Richard H. Blount, II Site Vice President Surry Power Station Virginia Electric and Power Company 5570 Hog Island Road Surry, Virginia 23883-0315 Robert B. Strobe, M.D., M.P.H.

State Health Commissioner Office of the Commissioner Virginia Department of Health P.O. Box 2448 Richmond, Virginia 23218 Mr. William R. Matthews Vice President - Nuclear Operations Virginia Electric and Power Company Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, Virginia 23060-6711