ML042090542
| ML042090542 | |
| Person / Time | |
|---|---|
| Site: | Arkansas Nuclear  |
| Issue date: | 07/27/2004 |
| From: | Alexion T NRC/NRR/DLPM/LPD4 |
| To: | Mallay J Framatome ANP |
| Alexion T W, NRR/DLPM, 415-1326 | |
| References | |
| TAC MB9660 | |
| Download: ML042090542 (4) | |
Text
July 27, 2004 Mr. James F. Mallay Director, Regulatory Affairs Framatome ANP, Inc.
3315 Old Forest Road P.O. Box 10935 Lynchburg, VA 24506-0935
SUBJECT:
FRAMATOME ANP (FANP), REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR ARKANSAS NUCLEAR ONE, UNIT 1 (ANO1) (TAC NO. MB9660)
Dear Mr. Mallay:
By [[letter::CNRO-2004-00017, Arkansas, Unit 1 - Request for Alternative ANO1-R&R-005, Proposed Alternative to ASME Weld Examination Requirements for Repairs Performed on Reactor Vessel Head Penetrations|letter dated March 10, 2004]], Entergy Operations, Inc., submitted an affidavit dated March 5, 2004, 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 2.390:
Framatome Document 51-5021608, Corrosion Evaluation of ANO1 CRDM [Control Rod Drive Mechanism] IDTB [Inner Diameter Temperbead] Weld Repair, dated November 6, 2002.
A nonproprietary copy of this document was not provided because FANP considered that the vast majority of information contained in the document is proprietary.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure based for the following reasons:
(a)
The information reveals details of FANPs research and development plans and programs or their results.
(b)
Use of this 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.
James F. Mallay Section 2.390(b)(1)(iii) of 10 CFR Part 2 of the Commissions regulations requires that each supporting affidavit contain a full statement of the reason for claiming the information should be withheld from public disclosure. The section further requires the statement to address with specificity the considerations listed in 10 CFR 2.390(b)(4).
Your affidavit has been reviewed in light of the aforementioned paragraphs of the regulations and we have determined that a substantial portion of the submitted information sought to be withheld does not appear to contain proprietary commercial information. We believe that a substantial portion of the submitted information could be found in sources that are publically available. Specifically, we believe that some sections may be non-proprietary in their entirety (i.e., Sections 1.0, 2.0, 3.0, 4.0, 4.1, 4.1.1, 4.2, 4.3, 4.4, 4.5, 7.0, 8.0) while other sections may contain some proprietary information (i.e., Sections 5.0, 6.0, 6.1, 6.2).
In summary, we have determined that your affidavit does not appear to support withholding the entire document as proprietary. Accordingly, please provide a response within 30 days from receipt of this letter. One option would be to provide a non-proprietary version of the document.
Alternatively, if you maintain your request that the entire document be treated as proprietary, please supplement the present record with additional factual information which identifies, section by section (as set out above), why you believe that the particular section being discussed contains proprietary information. The NRC staff does not believe that withdrawal of the document is an option because it supports the licensee's Request for Alternative ANO1-R&R-005, which the NRC staff verbally authorized on May 6, 2004 (to be followed-up with a written authorization).
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. 50-313 cc: See next page
James F. Mallay Section 2.390(b)(1)(iii) of 10 CFR Part 2 of the Commissions regulations requires that each supporting affidavit contain a full statement of the reason for claiming the information should be withheld from public disclosure. The section further requires the statement to address with specificity the considerations listed in 10 CFR 2.390(b)(4).
Your affidavit has been reviewed in light of the aforementioned paragraphs of the regulations and we have determined that a substantial portion of the submitted information sought to be withheld does not appear to contain proprietary commercial information. We believe that a substantial portion of the submitted information could be found in sources that are publically available. Specifically, we believe that some sections may be non-proprietary in their entirety (i.e., Sections 1.0, 2.0, 3.0, 4.0, 4.1, 4.1.1, 4.2, 4.3, 4.4, 4.5, 7.0, 8.0) while other sections may contain some proprietary information (i.e., Sections 5.0, 6.0, 6.1, 6.2).
In summary, we have determined that your affidavit does not appear to support withholding the entire document as proprietary. Accordingly, please provide a response within 30 days from receipt of this letter. One option would be to provide a non-proprietary version of the document.
Alternatively, if you maintain your request that the entire document be treated as proprietary, please supplement the present record with additional factual information which identifies, section by section (as set out above), why you believe that the particular section being discussed contains proprietary information. The NRC staff does not believe that withdrawal of the document is an option because it supports the licensee's Request for Alternative ANO1-R&R-005, which the NRC staff verbally authorized on May 6, 2004 (to be followed-up with a written authorization).
If you have any questions regarding this matter, I may be reached at 301-415-1326.
Sincerely,
/RA/
Docket No. 50-313 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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Accession No.: ML042090542 OFFICE PDIV-1/PM PDIV-1/LA EMCB/SC OGC PDIV-1/SC NAME TAlexion DBaxley TChan SCole RGramm DATE 7/13/04 7/14/4 7/13/04 7/19/04 7/26/04 OFFICIAL RECORD COPY
July 2004 Arkansas Nuclear One cc:
Senior 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 3815 Old Forest Road Lynchburg, VA 24501 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. Jeffrey S. Forbes Vice President Operations Arkansas Nuclear One Entergy Operations, Inc.
1448 S. R. 333 Russellville, AR 72801