ML041110646

Withholding from Public Disclosure, Information Reference in CP&L Letter, Serial No. BSEP 04-0043, Brunswick Steam Electric Plant, Unit No. 1, Docket No. 50-325/License No. DPR-71, Request for Additional Information

ML041110646
Person / Time
Site:	Brunswick
Issue date:	04/19/2004
From:	Mozafari B NRC/NRR/DLPM/LPD2
To:	Elliott G Framatome ANP
mozafari B, NRR/DLPM, 415-2020
References
TAC MC1249
Download: ML041110646 (4)

Text

April 19, 2004 Ms. Gayle F. Elliott, Manager Product Licensing in Regulatory Affairs Framatome ANP 3815 Old Forest Road Lynchburg, VA 24501

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, BRUNSWICK STEAM ELECTRIC PLANT, UNIT NO. 1 (TAC NO. MC1249)

Dear Ms. Elliott:

By letter dated March 19, 2004, Carolina Power & Light Company (CP&L) submitted an affidavit signed by you dated March 18, 2004, in which you requested that the following document be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR):

Information reference in CP&L letter, Serial No. BSEP 04-0043, Brunswick Steam Electric Plant, Unit No. 1, Docket No. 50-325/License No. DPR-71, Response to Request for Additional Information dated March 19, 2004.

A nonproprietary copy of this document has been placed in the U. S. 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. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-A's competitors without license from GNF-A 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; We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 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 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

G. Elliott 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/

Brenda L. Mozafari, Senior Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-325 cc: See next page

ML041110646 NRR-084 OFFICE PM:PDII/S2 LA:PDII/S2 BC:SRXB OGC SC:PDII-2(A)

NAME BMozafari EDunnington JWermiel LSlaggie WBurton DATE 3/22/04 3/22/04 3/23/04 4/9/04 4/19/04 Mr. C. J. Gannon Brunswick Steam Electric Plant Carolina Power & Light Company Units 1 and 2 cc:

Steven R. Carr Mr. Robert P. Gruber Associate General Counsel - Legal Executive Director Department Public Staff - NCUC Progress Energy Service Company, LLC 4326 Mail Service Center Post Office Box 1551 Raleigh, North Carolina 27699-4326 Raleigh, North Carolina 27602-1551 Mr. William C. Noll Mr. David R. Sandifer, Chairperson Director - Site Operations Brunswick County Board of Commissioners Brunswick Steam Electric Plant Post Office Box 249 Carolina Power & Light Company Bolivia, North Carolina 28422 Post Office Box 10429 Southport, North Carolina 28461-0429 Resident Inspector U. S. Nuclear Regulatory Commission Mr. Norman R. Holden, Mayor 8470 River Road City of Southport Southport, North Carolina 28461 201 East Moore Street Southport, North Carolina 28461 Mr. John H. ONeill, Jr.

Shaw, Pittman, Potts & Trowbridge Mr. Warren Lee 2300 N Street NW. Emergency Management Director Washington, DC 20037-1128 New Hanover County Department of Emergency Management Ms. Beverly Hall, Section Chief Post Office Box 1525 Division of Radiation Protection Wilmington, North Carolina 28402-1525 N.C. Department of Environment and Natural Resources Mr. James W. Holt, Manager 3825 Barrett Dr. Performance Evaluation and Raleigh, North Carolina 27609-7721 Regulatory Affairs PEB 7 Progress Energy Mr. David H. Hinds Post Office Box 1551 Plant General Manager Raleigh, North Carolina 27602-1551 Brunswick Steam Electric Plant Carolina Power & Light Company Mr. Edward T. ONeil Post Office Box 10429 Manager - Support Services Southport, North Carolina 28461-0429 Brunswick Steam Electric Plant Carolina Power & Light Company Public Service Commission Post Office Box 10429 State of South Carolina Southport, North Carolina 28461 Post Office Drawer 11649 Columbia, South Carolina 29211 Mr. C. J. Gannon, Vice President Brunswick Steam Electric Plant Ms. Margaret A. Force Carolina Power & Light Company Assistant Attorney General Post Office Box 10429 State of North Carolina Southport, North Carolina 28461 Post Office Box 629 Raleigh, North Carolina 27602