ML031610673

Withholding from Public Disclosure, Document Response to Request for Additional Information and Revised Pages for March 2002 Evaluation Report - Framatome Fuel Transition Program Technical Specification Change

ML031610673
Person / Time
Site:	North Anna
Issue date:	06/10/2003
From:	Stephen Monarque NRC/NRR/DLPM/LPD2
To:	Mallay J Framatome ANP Richland
Monarque S, NRR/DLPM, 415-1544
References
TAC MB4714, TAC MB4715
Download: ML031610673 (4)

Text

June 10, 2003 Mr. James F. Mallay Director, Regulatory Affairs Framatome ANP, Richland, Inc.

2101 Horn Rapids Road Richland, WA 99352

SUBJECT:

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

Dear Mr. Mallay:

By letter dated May 9, 2003, Virginia Electric and Power Company submitted an affidavit dated May 6, 2003, executed by you, requesting that information contained in the document entitled Response to Request for Additional Information and Revised Pages for March 2002 Evaluation Report - Framatome Fuel Transition Program Technical Specification Change 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 provides that the submitted information should be considered exempt from mandatory public disclosure based on the following reasons:

(a) The information reveals details of FANPs [Framatome 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 FANP.

(d) The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for FANP in product optimization or marketability.

(e) The information is vital to a competitive advantage held by FANP, would be helpful to competitors [of] FANP, and would likely cause substantial harm to the competitive position of FANP.

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(s) 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 can 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(s) 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 can 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 KLandis, RII MPSiemien, OGC PDII-1 R/F SMonarque SMoore JNakoski ADAMS ACCESSION NO. ML031610673 *See previous concurrence*

OFFICE LA:PDII/S2 PM:PDII/S1 SRXB/SC* EMEB/SC* OGC* SC:PDII/S1 NAME EDunnington SMonarque FAkstulewicz KManoly DHassell for: JNakoski MPSiemien DATE 6/10/2003 6/9/2003 05/20/2003 05/21/2003 06/05/03 6/10/2003 OFFICIAL RECORD COPY

Virginia Electric and Power Company North Anna Power Station Units 1 and 2 cc:

Mr. C. Lee Lintecum Mr. David A. Heacock County Administrator Site Vice President Louisa County North Anna Power Station P. O. Box 160 P. O. Box 402 Louisa, Virginia 23093 Mineral, Virginia 23117-0402 Ms. Lillian M. Cuoco, Esq. Mr. Richard H. Blount, II Senior Counsel Site Vice President Dominion Resources Services, Inc. Surry Power Station Millstone Power Station Virginia Electric and Power Company Building 475, 5 th floor 5570 Hog Island Road Rope Ferry Road Surry, Virginia 23883-0315 Rt. 156 Waterford, Connecticut 06385 Mr. Robert B. Strobe, M.D., M.P.H.

State Health Commissioner Dr. W. T. Lough Office of the Commissioner Virginia State Corporation Virginia Department of Health Commission P. O. Box 2448 Division of Energy Regulation Richmond, Virginia 23218 P. O. Box 1197 Richmond, Virginia 23209 Mr. William R. Matthews Vice President-Nuclear Operations Old Dominion Electric Cooperative Virginia Electric and Power Company 4201 Dominion Blvd. Innsbrook Technical Center Glen Allen, Virginia 23060 5000 Dominion Boulevard Glen Allen, Virginia 23060-6711 Mr. Chris L. Funderburk, Director Nuclear Licensing & Operations Support Mr. James F. Mallay Virginia Electric Power Company Director, Regulatory Affairs Innsbrook Technical Center Framatome ANP, Richland, Inc.

5000 Dominion Blvd. Richland, WA 99352 Glen Allen, Virginia 23060-6711 Mr. David A. Christian Office of the Attorney General Sr. Vice President and Chief Nuclear Officer Commonwealth of Virginia Virginia Electric and Power Company 900 East Main Street 5000 Dominion Blvd.

Richmond, Virginia 23219 Glen Allen, Virginia 23060 Senior Resident Inspector North Anna Power Station U. S. Nuclear Regulatory Commission 1024 Haley Drive Mineral, Virginia 23117