ML032110197
| ML032110197 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 07/30/2003 |
| From: | Thadani M NRC/NRR/DLPM/LPD4 |
| To: | Mallay J Framatome ANP |
| Thadani M, NRR/DLPM, 415-1476 | |
| References | |
| TAC MB9696 | |
| Download: ML032110197 (5) | |
Text
July 30, 2003 Mr. James F. Mallay Director, Regulatory Affairs Framatome ANP 3315 Old Forrest Road Lynchburg, VA 24506
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE PER SECTION 2.790 OF TITLE 10 OF THE CODE OF FEDERAL REGULATIONS FOR SOUTH TEXAS PROJECT, UNIT 1 (TAC NO. MB9696)
Dear Mr. Mallay:
By letter to the U. S. Nuclear Regulatory Commission (NRC) dated July 3, 2003, and affidavit dated July 2, 2003, executed by you, Mr. James F. Mallay, Director, Regulatory Affairs, Framatome ANP (FANP), South Texas Project Nuclear Operating Company submitted Supplemental Response to Request for Additional Information Regarding Request for Alternative RR-ENG-2-32, and requested that pursuant to the provisions of paragraph (b)(4) of Section 2.790 of Title 10 of the Code of Federal Regulations (10 CFR), Framatome drawing 502754E, Revision 2, Bottom Mounted Instrumentation Nozzle Repair, with Supplement Number 5 dated June 17, 2003, be withheld from public disclosure.
During the telephone conversation on July 21, 2003, Mr. James F. Mallay stated that with reference to the affidavit, the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(a) The information reveals details of FANP'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.
(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 to FANP, and would likely cause substantial harm to the competitive position of FANP.
Mr. J. Mallay July 30, 2003 The NRC staff has reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, has determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the submitted information 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, the NRC may send copies of this information to consultants working in this area. In this event, the NRC will 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, Framatome ANP should promptly notify the NRC. Framatome ANP also should understand that the NRC may have cause to review this determination in the future, e.g., 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, please contact me at 301-415-1476.
Sincerely,
/RA/
Mohan C. Thadani, Senior Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-498 cc: See next page
Mr. J. Mallay July 30, 2003 The NRC staff has reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, has determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the submitted information 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, the NRC may send copies of this information to consultants working in this area. In this event, the NRC will 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, Framatome ANP should promptly notify the NRC. Framatome ANP should also understand that the NRC may have cause to review this determination in the future, e.g., 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, please contact me at 301-415-1476.
Sincerely,
/RA/
Mohan C. Thadani, Senior Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-498 cc: See next page DISTRIBUTION:
PUBLIC RidsNrrPMBVaidya PDIV-1 r/f RidsNrrLAMMcAllister G. Hill (2) RidsNrrEmcb (WBateman)
RidsNrrDlpmLpdiv (HBerkow) RidsNrrDlpmLpdiv1 (RGramm)
RidsOgcRp RidsNrrPMMThadani RidsRgn4MailCenter (BJohnson)
ACCESSION NO: ML032110197 *See previous concurrences OFFICE PDIV-1/ PM PDIV-1/ PM PDIV-1/ LA PDIV-1/SC OGC* DE/EMCB/BC*
NAME BVaidya:sab MThadani MMcAllister TAlexion for RABaum AHiser for RGramm WBateman DATE 7/25/03 07/25/03 07/25/03 07/25/03 07/25/03 07/21/03 OFFICIAL RECORD COPY
South Texas, Unit 1 cc:
Mr. Cornelius F. OKeefe A. H. Gutterman, Esq.
Senior Resident Inspector Morgan, Lewis & Bockius U.S. Nuclear Regulatory Commission 1111 Pennsylvania Avenue, NW P. O. Box 910 Washington, DC 20004 Bay City, TX 77414 Mr. T. J. Jordan, Vice President A. Ramirez/C. M. Canady Engineering & Technical Services City of Austin STP Nuclear Operating Company Electric Utility Department P. O. Box 289 721 Barton Springs Road Wadsworth, TX 77483 Austin, TX 78704 S. M. Head, Manager, Licensing Mr. L. K. Blaylock Nuclear Quality & Licensing Department Mr. W. C. Gunst STP Nuclear Operating Company City Public Service Board P. O. Box 289, Mail Code: N5014 P. O. Box 1771 Wadsworth, TX 77483 San Antonio, TX 78296 Environmental and Natural Resources Mr. C. A. Johnson/A. C. Bakken Policy Director AEP Texas Central Company P. O. Box 12428 P. O. Box 289 Austin, TX 78711-3189 Mail Code: N5022 Wadsworth, TX 77483 Jon C. Wood Matthews & Branscomb INPO 112 East Pecan, Suite 1100 Records Center San Antonio, TX 78205 700 Galleria Parkway Atlanta, GA 30339-3064 Arthur C. Tate, Director Division of Compliance & Inspection Regional Administrator, Region IV Bureau of Radiation Control U.S. Nuclear Regulatory Commission Texas Department of Health 611 Ryan Plaza Drive, Suite 400 1100 West 49th Street Arlington, TX 76011 Austin, TX 78756 D. G. Tees/R. L. Balcom Brian Almon Texas Genco, LP Public Utility Commission P. O. Box 1700 William B. Travis Building Houston, TX 77251 P. O. Box 13326 1701 North Congress Avenue Judge, Matagorda County Austin, TX 78701-3326 Matagorda County Courthouse 1700 Seventh Street Bay City, TX 77414 May 2003
South Texas, Unit 1 cc:
Susan M. Jablonski Office of Permitting, Remediation and Registration Texas Commission on Environmental Quality MC-122 P.O. Box 13087 Austin, TX 78711-3087 Mr. Terry Parks, Chief Inspector Texas Department of Licensing and Regulation Boiler Division P. O. Box 12157 Austin, TX 78711 Mr. Ted Enos 4200 South Hulen Suite 630 Ft. Worth, Texas 76109 Mr. James J. Sheppard President and Chief Executive Officer STP Nuclear Operating Company South Texas Project Electric Generating Station P. O. Box 289 Wadsworth, TX 77483