ML032770010
| ML032770010 | |
| Person / Time | |
|---|---|
| Site: | Arkansas Nuclear  |
| Issue date: | 10/02/2003 |
| From: | Alexion T NRC/NRR/DLPM/LPD4 |
| To: | Hunt E Dominion Engineering |
| Alexion T W, NRR/DLPM, 415-1326 | |
| References | |
| TAC MB9542 | |
| Download: ML032770010 (4) | |
Text
October 2, 2003 Mr. E. Stephen Hunt Principal Officer Dominion Engineering, Inc.
11730 Plaza America Dr. #310 Reston, VA 20190
SUBJECT:
DOMINION ENGINEERING, INC. (DEI), REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR ARKANSAS NUCLEAR ONE, UNIT 2 (TAC MB9542)
Dear Mr. Hunt:
By letter dated August 27, 2003, Entergy Operations, Inc., submitted an affidavit dated August 25, 2003, executed by you, requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790:
Material Properties and Modeling Methods Used in ANO [Arkansas Nuclear One] Unit 2 Welding Residual Stress Analyses, dated August 25, 2003.
A nonproprietary copy of this document was not provided because DEI determined that a nonproprietary version of the document would remove information to the point of it not making sense.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(A)
The subject information has substantial commercial value to DEI as significant portions of DEIs future business of providing engineering consulting to nuclear utilities in this area is substantially based upon the information sought to be withheld.
(B)
The expertise represented by the subject information is a substantial part of DEIs current position as a competitor in the market of assisting nuclear utilities in the management of stress corrosion cracking material degradation.
Development of this expertise by DEI required the recruitment, training, and employment of skilled engineers working in the nuclear power industry for over 10 years. The information was developed at considerable expense, including attendance at dozens of industry conferences and meetings, over more than a 10 year period of actively working in the technical engineering fields addressed by the report.
(C)
Similar products and services are provided by DEIs major competitors.
Acquiring of the information sought to be withheld would allow the competitors to take some share of the market for providing engineering consulting services in this area.
(D)
A large effort over a sustained time period would be required by DEIs competitors and others to properly acquire or duplicate the information sought to be withheld by developing the basic methodologies, selecting and justifying the many detailed assumptions, integrating the many technical issues and concerns into a defensible technical presentation, and presenting the results in an easily comprehended manner. In some cases the subject information could only be acquired through a licensing or business agreement.
(E)
There is expected to remain a marketplace for services in the areas related to the subject information and currently provided by DEI for many years into the future.
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 Material Properties and Modeling Methods Used in ANO Unit 2 Welding Residual Stress Analyses, dated August 25, 2003, 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 No. 50-368 cc: See next page (D)
A large effort over a sustained time period would be required by DEIs competitors and others to properly acquire or duplicate the information sought to be withheld by developing the basic methodologies, selecting and justifying the many detailed assumptions, integrating the many technical issues and concerns into a defensible technical presentation, and presenting the results in an easily comprehended manner. In some cases the subject information could only be acquired through a licensing or business agreement.
(E)
There is expected to remain a marketplace for services in the areas related to the subject information and currently provided by DEI for many years into the future.
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 Material Properties and Modeling Methods Used in ANO Unit 2 Welding Residual Stress Analyses, dated August 25, 2003, 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/
Docket No. 50-368 Thomas W. Alexion, Project Manager, Section 1 Project Directorate IV cc: See next page Division of Licensing Project Management Office of Nuclear Reactor Regulation DISTRIBUTION:
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RidsOgcMailCenter RidsNrrLADJohnson RidsAcrsAcnwMailCenter Accession No.: ML032770010 OFFICE PDIV-1/PM PDIV-1/LA EMCB/SC OGC PDIV-1/SC NAME TAlexion:sab DJohnson TChan MBupp RGramm DATE 9/09/03 9/8/03 9/12/03 9/30/03 9/30/03 OFFICIAL RECORD COPY
Arkansas Nuclear One cc:
Executive Vice President
& Chief Operating Officer Entergy Operations, Inc.
P. O. Box 31995 Jackson, MS 39286-1995 Director, Division of Radiation Control and Emergency Management Arkansas Department of Health 4815 West Markham Street, Slot 30 Little Rock, AR 72205-3867 Winston & Strawn 1400 L Street, N.W.
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 Vice President, Operations Support Entergy Operations, Inc.
P. O. Box 31995 Jackson, MS 39286-1995 Wise, Carter, Child & Caraway P. O. Box 651 Jackson, MS 39205 Mr. Craig G. Anderson Vice President Operations, ANO Entergy Operations, Inc.
1448 S. R. 333 Russellville, AR 72801