ML023380291
| ML023380291 | |
| Person / Time | |
|---|---|
| Site: | Crystal River  |
| Issue date: | 12/04/2002 |
| From: | Mozafari B NRC/NRR/DLPM/LPD2 |
| To: | Mallay J Framatome ANP Richland |
| McConnell Matthew NRR/DLPM 415-1597 | |
| References | |
| TAC MB5289 | |
| Download: ML023380291 (4) | |
Text
December 4, 2002 Mr. James F. Mallay Director, Regulatory Affairs Framatome ANP, Richland, Inc.
2101 Horn Rapids Road Richland, WA 99352
SUBJECT:
CRYSTAL RIVER UNIT 3 - FRAMATOME ANP REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MB5289)
Dear Mr. Mallay:
By affidavit dated August 12, 2002, executed by James F. Mallay, Framatome ANP (FRA-ANP) provided material entitled "CR-3 [Crystal River Unit 3] PT [Pressure-Temperature] Fluence Analysis Report - Cycles 7-10, in response to a staff request for additional information 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 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-ANP's 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.
Mr. James F. Mallay 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) 415-2020.
Sincerely,
/RA by M.McConnell Acting for/
Brenda L. Mozafari, Senior Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-302 cc: See next page
Mr. James F. Mallay December 4, 2002 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) 415-2020.
Sincerely,
/RA by M.McConnell Acting for/
Brenda L. Mozafari, Senior Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-302 cc: See next page DISTRIBUTION:
A. Howe PUBLIC PDII Rdg E. Dunnington M. Siemien, OGC H. Berkow M. McConnell L. Wert, RII B. Mozafari ADAMS ACCESSION NO.: ML023380291 OFFICE PDII-2/PM PDII-2/PM/INTERN PDII-2/LA OGC PDII-2/SC NAME MMcConnell for MMcConnell EDunnington MPSiemien AHowe BMozafari DATE 11/27/02 11/26/02 11/26/02 11/27/02 12/02/02 OFFICIAL RECORD COPY
Mr. Dale E. Young CRYSTAL RIVER UNIT NO. 3 Florida Power Corporation GENERATING PLANT cc:
Mr. R. Alexander Glenn Chairman Associate General Counsel (MAC-BT15A) Board of County Commissioners Florida Power Corporation Citrus County P.O. Box 14042 110 North Apopka Avenue St. Petersburg, Florida 33733-4042 Inverness, Florida 34450-4245 Mr. Jon A. Franke Ms. Sherry L. Bernhoft Plant General Manager Manager Regulatory Affairs Crystal River Nuclear Plant (NA2C) Crystal River Nuclear Plant (NA2H) 15760 W. Power Line Street 15760 W. Power Line Street Crystal River, Florida 34428-6708 Crystal River, Florida 34428-6708 Mr. Jim Mallay Mr. Daniel L. Roderick Framatome ANP Director Site Operations 1911 North Ft. Myer Drive, Suite 705 Crystal River Nuclear Plant (NA2C)
Rosslyn, Virginia 22209 15760 W. Power Line Street Crystal River, Florida 34428-6708 Mr. William A. Passetti, Chief Department of Health Senior Resident Inspector Bureau of Radiation Control Crystal River Unit 3 2020 Capital Circle, SE, Bin #C21 U.S. Nuclear Regulatory Commission Tallahassee, Florida 32399-1741 6745 N. Tallahassee Road Crystal River, Florida 34428 Attorney General Department of Legal Affairs Mr. Richard L. Warden The Capitol Manager Nuclear Assessment Tallahassee, Florida 32304 Crystal River Nuclear Plant (NA2C) 15760 W. Power Line Street Mr. Craig Fugate, Director Crystal River, Florida 34428-6708 Division of Emergency Preparedness Department of Community Affairs Mr. Dale E. Young, Vice President 2740 Centerview Drive Crystal River Nuclear Plant (NA1B)
Tallahassee, Florida 32399-2100 ATTN: Supervisor, Licensing
& Regulatory Programs 15760 W. Power Line Street Crystal River, Florida 34428-6708