ML050960575

Framatome Anp, Request for Withholding Information from Public Disclosure for Ano. Unit 2

ML050960575
Person / Time
Site:	Arkansas Nuclear
Issue date:	04/06/2005
From:	Holland D NRC/NRR/DLPM/LPD4
To:	Forbes J Entergy Operations
Holland D, NRR/DLPM, 415-1436
References
TAC MC2641
Download: ML050960575 (5)

Text

April 6, 2005 Mr. Jeffrey S. Forbes Vice President Operations Arkansas Nuclear One Entergy Operations, Inc.

1448 S. R. 333 Russellville, AR 72801

SUBJECT:

FRAMATOME ANP (FANP), REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR ARKANSAS NUCLEAR ONE, UNIT 2 (ANO-2) (TAC NO. MC2641)

Dear Mr. Forbes:

By letter dated January 20, 2005, you submitted an affidavit dated December 17, 2004, executed by Gale F. Elliott, and requested 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), Part 2, Section 2.390:

ANO-2 P/T [Pressure/Temperature] Limit Raw Data for All Components during Cooldown Transients 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.

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

Mr. J. S. Forbes withheld from public disclosure.

Therefore, the report, ANO-2 P/T Limit Raw Data for All Components during Cooldown Transients, 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 301-415-1436.

Sincerely,

/RA/

Drew Holland, Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-368 cc: Plant Mailing List

OFFICE PDIV-1/PM PDIV-1/LA DE/EMCB PDIV-1/SC NAME DHolland DJohnson MMitchell AHowe DATE 3/17/05 2/18/05 3/17/05 3/21/05 Arkansas Nuclear One cc:

Senior Vice President Vice President, Operations Support

& Chief Operating Officer Entergy Operations, Inc.

Entergy Operations, Inc. P. O. Box 31995 P. O. Box 31995 Jackson, MS 39286-1995 Jackson, MS 39286-1995 Wise, Carter, Child & Caraway Director, Division of Radiation P. O. Box 651 Control and Emergency Management Jackson, MS 39205 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 July 2004