ML051380184
| ML051380184 | |
| Person / Time | |
|---|---|
| Site: | Fort Calhoun  |
| Issue date: | 05/17/2005 |
| From: | Wang A NRC/NRR/DLPM/LPD4 |
| To: | Ridenoure R Omaha Public Power District |
| Wang A, NRR/DLPM, 415-1445 | |
| References | |
| TAC MC3220 | |
| Download: ML051380184 (5) | |
Text
May 17, 2005 Mr. R. T. Ridenoure Division Manager - Nuclear Operations Omaha Public Power District Fort Calhoun Station FC-2-4 Adm.
Post Office Box 550 Fort Calhoun, Nebraska 68023-0550
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR THE FORT CALHOUN STATION, UNIT 1 - (TAC NO. MC3220)
Dear Mr. Ridenoure:
By letter dated May 20, 2004, Omaha Public Power District (OPPD) submitted an affidavit dated May 18, 2004, executed by Jerald S. Holm, Director, Regulatory Affairs, Framatome ANP, requesting that 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 ANP Proprietary Drawings (referenced in letter number LIC-04-0065)
A nonproprietary copy of the document was not provided for placement in the NRC's Public Document Room and for addition 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:
4.
This Document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by FANP and not made available to the public.
5.
This Document has been made available to the U.S. Nuclear Regulatory Commission in confidence with the request that the information contained in this Document be withheld from public disclosure.
6.
(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.
R. Ridenoure (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 withheld from public disclosure.
Therefore, the information in the document entitled, "Framatome ANP Proprietary Drawings (referenced in letter number LIC-04-065)," 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) 415-1445.
Sincerely,
/RA/
Alan B. Wang, Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-285 cc: See next pages
R. Ridenoure (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 withheld from public disclosure.
Therefore, the information in the document entitled, "Framatome ANP Proprietary Drawings (referenced in letter number LIC-04-065)," 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) 415-1445.
Sincerely,
/RA/
Alan B. Wang, Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-285 cc: See next pages DISTRIBUTION:
PUBLIC RidsNrrPMAWang PDIV-2 Reading RidsNrrLALFeizollahi RidsNrrDlpmPdiv (HBerkow)
RidsOgcRp RidsNrrDlpmPdiv2 (RGramm)
MMitchell ADAMS ACCESSION NO.: ML051380184 NRR-084 OFFICE PDIV-2/PM PDIV-2/LA EMCB PDIV-2/SC NAME AWang LFeizollahi:Lxf1 MMitchell RGramm DATE 5/13/05 5/12/05 5/16/05 5/17/05 OFFICIAL RECORD COPY
Ft. Calhoun Station, Unit 1 cc:
Winston & Strawn ATTN: James R. Curtiss, Esq.
1400 L Street, N.W.
Washington, DC 20005-3502 Chairman Washington County Board of Supervisors P.O. Box 466 Blair, NE 68008 Mr. John Hanna, Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 310 Fort Calhoun, NE 68023 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-4005 Ms. Sue Semerera, Section Administrator Nebraska Health and Human Services Systems Division of Public Health Assurance Consumer Services Section 301 Centential Mall, South P.O. Box 95007 Lincoln, NE 68509-5007 Mr. David J. Bannister, Manager Fort Calhoun Station Omaha Public Power District Fort Calhoun Station FC-1-1 Plant P.O. Box 550 Fort Calhoun, NE 68023-0550 Mr. John B. Herman Manager - Nuclear Licensing Omaha Public Power District Fort Calhoun Station FC-2-4 Adm.
P.O. Box 550 Fort Calhoun, NE 68023-0550 Mr. Daniel K. McGhee Bureau of Radiological Health Iowa Department of Public Health 401 SW 7th Street, Suite D Des Moines, IA 50309
Framatome ANP Project No. 728 cc:
Mr. Jerald S. Holm Director, Regulatory Affairs Framatome ANP 3315 Old Forest Road Lynchburg, VA 24501