ML022840039
| ML022840039 | |
| Person / Time | |
|---|---|
| Site: | Arkansas Nuclear  |
| Issue date: | 10/11/2002 |
| From: | Alexion T NRC/NRR/DLPM/LPD4 |
| To: | Mitra-Majumdar D Holtec |
| Alexion T W,NRR/DLPM,415-1326 | |
| References | |
| TAC MB5862, TAC MB5863 | |
| Download: ML022840039 (6) | |
Text
October 11, 2002 Dr. Debabrata Mitra-Majumdar Senior Engineer and Project Manager Holtec International Holtec Center 555 Lincoln Drive West Marlton, NJ 08053
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE
- ARKANSAS NUCLEAR ONE, UNITS 1 AND 2 (TAC NOS. MB5862 AND MB5863)
Dear Dr. Mitra-Majumdar:
By letter dated August 8, 2002 (0CAN080201) of Sherrie R. Cotton, Director, Nuclear Safety Assurance, Entergy Operations, Inc. (the licensee), and affidavit dated August 5, 2002, executed by you, Dr. Mitra-Majumdar, Holtec International (Holtec) Report HI-2022871, "Use of Metamic In Fuel Pool Applications (Proprietary)," was submitted to the Nuclear Regulatory Commission (NRC) and it was 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 the same cover letter, and it has been placed in the 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. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Metamic LLC and Holtecs competitors without license from Metamic LLC constitutes a competitive economic advantage over other companies.
- 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.
- d. Information which reveals aspects of past, present, or future Holtec International customer-funded development plans and programs of potential commercial value to Holtec International.
- e. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
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
Dr. Debabrata Mitra-Majumdar 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 Nos. 50-313 and 368 cc: See next page
Dr. Debabrata Mitra-Majumdar 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 Nos. 50-313 and 368 cc: See next page DISTRIBUTION:
PUBLIC PDIV-1 Reading RidsNrrDlpmLpdiv (WRuland)
RidsNrrDlpmLpdiv1 (RGramm)
RidsNrrPMTAlexion RidsNrrLADJohnson MPSiemien LLund RidsRgn4MailCenter (KBrockman)
Adams: ML022840039 OFFICE PDIV-1/PM PDIV-1/LA EMCB/SC OGC PDIV-1/SC NAME TAlexion DJohnson LLund RABaum RGramm DATE 09/30/02 9/30/02 10/3/02 10/4/02 10/10/02 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 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