ML021760284

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Withholding from Public Disclosure, Wesdyne Report WDI-TJ-007-02-P, (TACs MB4524 & MB4525)
ML021760284
Person / Time
Site: Arkansas Nuclear  Entergy icon.png
Issue date: 07/11/2002
From: Alexion T
NRC/NRR/DLPM/LPD4
To: Sepp H
Westinghouse
References
TAC MB4524, TAC MB4525, WDI-TJ-007-02-P
Download: ML021760284 (5)


Text

July 11, 2002 Mr. Henry A. Sepp, Manager Regulatory and Licensing Engineering Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE

- ARKANSAS NUCLEAR ONE, UNITS 1 AND 2 (TAC NOS. MB4524 AND MB4525)

Dear Mr. Sepp:

By letter dated June 17, 2002 (0CAN060202), and affidavit dated June 6, 2002, executed by you, Sherri R. Cotton, Director, Nuclear Safety Assurance, Entergy Operations, Inc. (the licensee) submitted Wesdyne Report WDI-TJ-007-02-P, "Demonstration of Volumetric Ultrasonic Inspection of CRDM [Control Rod Drive Mechanism] Nozzles Using the Open Housing Scanner for ANO-2 [Arkansas Nuclear One, Unit 2]," and requested that it 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 was also submitted by the licensee under a separate cover letter dated June 17, 2002 (0CAN060201), and it has been placed in the Nuclear Regulatory Commissions (NRCs) 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 use of such information by Westinghouse [Electric Company LLC]

gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

(c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

(e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.

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.

H. A. Sepp 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 Nos. 50-313 and 368 cc: See next page

H. A. Sepp 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 Nos. 50-313 and 368 cc: See next page DISTRIBUTION:

PUBLIC PDIV-1 r/f RidsNrrDlpmLpdiv (WRuland)

RidsNrrDlpmLpdiv1 (RGramm)

RidsNrrPMTAlexion RidsNrrPMWReckley RidsNrrLADJohnson MPSiemien TChan RidsRgn4MailCenter (KBrockman)

Adams: ML021760284 *See previous concurrence OFFICE PDIV-1/PM PDIV-1/PM* PDIV-1/LA EMCB/SC*

NAME TAlexion WReckley DJohnson TChan DATE 7/11/2002 6/28/2002 7/11/2002 7/1/2002 OFFICE OGC* PDIV-1/SC NAME MPSiemien RGramm DATE 7/9/2002 7/11/2002 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 Mr. Mike Schoppman Framatome ANP, Richland, Inc.

Suite 705 1911 North Fort Myer Drive Rosslyn, 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