ML043380350

Framatome Anp Request for Withholding Information from Public Disclosure

ML043380350
Person / Time
Site:	Palisades
Issue date:	12/16/2004
From:	Jaffee D NRC/NRR/DLPM/LPD4
To:	Mallay J Framatome ANP
Jaffe D, NRR/DLPM, 415-1439
References
TAC MC3931
Download: ML043380350 (4)

Text

December 16, 2004 Mr. James F. Mallay Director, Regulatory Affairs Framatome ANP 3815 Old Forest Road Lynchburg, VA 24501

SUBJECT:

PALISADES NUCLEAR POWER PLANT - FRAMATOME ANP REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MC3931)

Dear Mr. Mallay:

By letter dated August 19, 2004, Nuclear Management Company, LLC submitted an affidavit dated August 19, 2004, executed by Gayle F. Elliott, requesting that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 2 Section 2.390:

1. Attachment 2 to Enclosure 1 - AREVA Document 32-5043862-00, "Palisades CRDM Nozzle IDTB Weld Anomaly Flaw Evaluations," dated July 2004

2. Attachment 3 to Enclosure 1 - AREVA Document 32-5045260-00, "Palisades ICI Nozzle IDTB Weld Anomaly Flaw Evaluations," dated July 2004

3. Attachment 1 to Enclosure 2 - AREVA Document 32-5044161-00, "Palisades CRDM Nozzle IDTB J-Groove Weld Flaw Evaluation," dated July 2004

4. Attachment 2 to Enclosure 2 - AREVA Document 32-5045743-00, "Palisades ICI Nozzle IDTB Weld Flaw Evaluation," dated July 2004 Nonproprietary copies of these documents have 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) The information reveals details of Framatome ANPs (FANPs) 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.

J. Mallay (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 behelpful to competitors to FANP, and would likely cause substantial harm to the competitive position of FANP.

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 versions 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.

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 301-415-1439.

Sincerely,

/RA/

David H. Jaffe, Acting Project Manager, Section 1 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-255 cc: See next page

Palisades Plant cc:

Robert A. Fenech, Senior Vice President Michigan Department of Attorney General Nuclear, Fossil, and Hydro Operations Special Litigation Division Consumers Energy Company 525 West Ottawa St.

1945 Parnall Rd. Sixth Floor, G. Mennen Williams Building Jackson, MI 49201 Lansing, MI 48913 Arunas T. Udrys, Esquire Manager, Regulatory Affairs Consumers Energy Company Nuclear Management Company, LLC 1 Energy Plaza 27780 Blue Star Memorial Highway Jackson, MI 49201 Covert, MI 49043 Regional Administrator, Region III Director of Nuclear Assets U.S. Nuclear Regulatory Commission Consumers Energy Company 801 Warrenville Road Palisades Nuclear Plant Lisle, IL 60532-4351 27780 Blue Star Memorial Highway Covert, MI 49043 Supervisor Covert Township John Paul Cowan P. O. Box 35 Executive Vice President & Chief Nuclear Covert, MI 49043 Officer Nuclear Management Company, LLC Office of the Governor 700 First Street P. O. Box 30013 Hudson, WI 54016 Lansing, MI 48909 Jonathan Rogoff, Esquire U.S. Nuclear Regulatory Commission Vice President, Counsel & Secretary Resident Inspector's Office Nuclear Management Company, LLC Palisades Plant 700 First Street 27782 Blue Star Memorial Highway Hudson, WI 54016 Covert, MI 49043 Douglas E. Cooper Michigan Department of Environmental Quality Senior Vice President - Group Operations Waste and Hazardous Materials Division Palisades Nuclear Plant Hazardous Waste and Radiological Nuclear Management Company, LLC Protection Section 27780 Blue Star Memorial Highway Nuclear Facilities Unit Covert, MI 49043 Constitution Hall, Lower-Level North 525 West Allegan Street Daniel J. Malone P.O. Box 30241 Site Vice President Lansing, MI 48909-7741 Palisades Nuclear Plant Nuclear Management Company, LLC 27780 Blue Star Memorial Highway Covert, MI 49043 October 2003

ML043380350 OFFICE PDIII-1/PE PDIII-1/ (A)PM EMCB/SC PDIII-1/LA PDIII-1/SC NAME DDuvigneaud DJaffe TChan THarris LRaghavan DATE 12/10/04 12/10/04 12/15/04 12/09/04 12/16/04