ML052850057

Letter, Request for Withholding Information from Public Disclosure - Applied Analysis Corporation

ML052850057
Person / Time
Site:	Brunswick
Issue date:	10/24/2005
From:	Mozafari B NRC/NRR/DLPM/LPD2
To:	Cajigas J Applied Analysis Corp
Mozafari B,l NRR/DLPM, 415-2020
References
TAC MC8106, TAC MC8107
Download: ML052850057 (4)

Text

October 24, 2005 Mr. Juan Cajigas Applied Analysis Corporation 48 Fawn Drive Shillington, PA 19607

SUBJECT:

APPLIED ANALYSIS CORPORATION, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR BRUNSWICK STEAM ELECTRIC PLANT UNITS 1 AND 2 (TAC NOS. MC8106 AND MC8107)

Dear Mr. Cajigas:

By letter dated October 11, 2005, Carolina Power & Light Company submitted an affidavit dated August 31, 2005, executed by you, 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:

BNP-RAD-007, Rev. lA, with Amendment A, DBA LOCA - Radiological Dose with Alternative Source Term BNP-RAD-006, Rev. lA, with Amendment A, NUREG-0737 Item II.B.2 - Mission Dose Assessment for Asset Enhancement Program (AEP) and Alternative Source Term (AST)

BNP-RAD-009, Rev. IA, with Amendment A, DBA LOCA - Radionuclide Loading on Charcoal Filters of Engineered Safety Features and Habitability Systems OMS-0016, Rev. 0, Post-LOCA Steam Pipe Internal Temperature 30-day Profile for Radiological Dose Analysis The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(4)a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Applied Analysis Corporations (AAC) competitors without license from AAC constitutes a competitive economic advantage over other companies.

(4)b. Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

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.

Mr. Juan Cajigas Therefore, the submitted documents 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 Nuclear Regulatory Commission (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 301-415-2020.

Sincerely,

/RA/

Brenda L. Mozafari, Senior Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-325 and 50-324 cc: See next page

Mr. Juan Cajigas Therefore, the submitted documents 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 Nuclear Regulatory Commission (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 301-415-2020.

Sincerely,

/RA/

Brenda L. Mozafari, Senior Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-325 and 50-324 cc: See next page DISTRIBUTION:

PUBLIC RidsNrrLACHawes RidsRgn2MailCenter PDII R/F RidsNrrDlpmLpdii RidsOgcRp RidsNrrDlpmLpdii2 RidsNrrPMBMozafari RidsAcrsAcnwMailCenter ADAMS Accession Number: ML052850057 NRR-106 OFFICE PDII-2/PM PDII-2/LA PDII-2/SC NAME BMozafari CHawes MMarshall DATE 10/ 14 /05 10/ 14 /05 10/ 24 /05 OFFICIAL RECORD COPY

Mr. C. J. Gannon Brunswick Steam Electric Plant Carolina Power & Light Company Units 1 and 2 cc:

David T. Conley Mr. Robert P. Gruber Associate General Counsel II - Executive Director Legal Department Public Staff - NCUC Progress Energy Service Company, LLC 4326 Mail Service Center Post Office Box 1551 Raleigh, North Carolina 27699-4326 Raleigh, North Carolina 27602-1551 Mr. T. P. Cleary Mr. David R. Sandifer, Chairperson Director - Site Operations Brunswick County Board of Commissioners Brunswick Steam Electric Plant Post Office Box 249 Carolina Power & Light Company Bolivia, North Carolina 28422 Post Office Box 10429 Southport, North Carolina 28461-0429 Resident Inspector U. S. Nuclear Regulatory Commission Mr. Norman R. Holden, Mayor 8470 River Road City of Southport Southport, North Carolina 28461 201 East Moore Street Southport, North Carolina 28461 Mr. John H. ONeill, Jr.

Shaw, Pittman, Potts & Trowbridge Mr. Warren Lee 2300 N Street NW. Emergency Management Director Washington, DC 20037-1128 New Hanover County Department of Emergency Management Ms. Beverly Hall, Section Chief Post Office Box 1525 Division of Radiation Protection Wilmington, North Carolina 28402-1525 N.C. Department of Environment and Natural Resources Mr. Chris L. Burton, Manager 3825 Barrett Dr. Performance Evaluation and Raleigh, North Carolina 27609-7721 Regulatory Affairs PEB 7 Progress Energy Mr. Ben Waldrep Post Office Box 1551 Plant General Manager Raleigh, North Carolina 27602-1551 Brunswick Steam Electric Plant Carolina Power & Light Company Mr. Edward T. ONeil Post Office Box 10429 Manager - Support Services Southport, North Carolina 28461-0429 Brunswick Steam Electric Plant Carolina Power & Light Company Public Service Commission Post Office Box 10429 State of South Carolina Southport, North Carolina 28461 Post Office Drawer 11649 Columbia, South Carolina 29211 Mr. C. J. Gannon, Vice President Brunswick Steam Electric Plant Ms. Margaret A. Force Carolina Power & Light Company Assistant Attorney General Post Office Box 10429 State of North Carolina Southport, North Carolina 28461 Post Office Box 629 Raleigh, North Carolina 27602