ML041260104
| ML041260104 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 04/28/2004 |
| From: | Moroney B NRC/NRR/DLPM/LPD2 |
| To: | Mallay J Framatome ANP |
| Moroney B, NRR/DLPM/PD11-2,4153974 | |
| References | |
| TAC MB5178 | |
| Download: ML041260104 (4) | |
Text
April 28, 2004 Mr. James F. Mallay Director, Regulatory Affairs Framatome ANP 3815 Old Forest Road Lynchburg, VA 24501
SUBJECT:
FRAMATOME ANP, INC., REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR SAINT LUCIE UNIT 1 (TAC NO. MB5178)
Dear Mr. Mallay:
By Florida Power & Light Companys letter dated February 11, 2004, and Mr. Jerald S. Holms affidavit dated January 8, 2004, Framatome ANP, Incorporated (FANP), requested that its loss of forced reactor coolant flow analysis for St. Lucie Unit 1 be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790 [Note: On February 13, 2004, 10 CFR Part 2 was revised and Section 2.790 was renumbered as Section 2.390].
A nonproprietary copy of this document has been placed in the U. S. Nuclear Regulatory Commissions (NRC) 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 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.
(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 to FANP, and would likely cause substantial harm to the competitive position of FANP.
J. Mallay We have reviewed Mr. Holms application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of his statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the document listed above and identified 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.
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 301-415-3974.
Sincerely,
/RA/
Brendan T. Moroney, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-335 cc: See next page
ML041260104 NRR-084 OFFICE PDII-2/PM PDII-2/NSIP PDII-2/LA OGC PDII-2/SC NAME BMoroney LMiller BClayton WBurton DATE 4/20/04 4/20/04 4/20/04 4/28/04 Mr. J. A. Stall ST. LUCIE PLANT Florida Power and Light Company cc:
Senior Resident Inspector Mr. G. L. Johnston St. Lucie Plant Plant General Manager U.S. Nuclear Regulatory Commission St. Lucie Nuclear Plant P.O. Box 6090 6351 South Ocean Drive Jensen Beach, Florida 34957 Jensen Beach, Florida 34957 Craig Fugate, Director Division of Mr. Terry Patterson Emergency Preparedness Licensing Manager Department of Community Affairs St. Lucie Nuclear Plant 2740 Centerview Drive 6351 South Ocean Drive Tallahassee, Florida 32399-2100 Jensen Beach, Florida 34957 M. S. Ross, Managing Attorney David Moore, Vice President Florida Power & Light Company Nuclear Operations Support P.O. Box 14000 Florida Power and Light Company Juno Beach, FL 33408-0420 P.O. Box 14000 Juno Beach, FL 33408-0420 Marjan Mashhadi, Senior Attorney Florida Power & Light Company Mr. Rajiv S. Kundalkar 801 Pennsylvania Avenue, NW Vice President - Nuclear Engineering Suite 220 Florida Power & Light Company Washington, DC 20004 P.O. Box 14000 Juno Beach, FL 33408-0420 Mr. Douglas Anderson County Administrator Mr. J. Kammel St. Lucie County Radiological Emergency 2300 Virginia Avenue Planning Administrator Fort Pierce, Florida 34982 Department of Public Safety 6000 SE. Tower Drive Mr. William A. Passetti, Chief Stuart, Florida 34997 Department of Health Bureau of Radiation Control 2020 Capital Circle, SE, Bin #C21 Tallahassee, Florida 32399-1741 Mr. William Jefferson, Jr.
Site Vice President St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach, Florida 34957-2000