ML062280293

Framatome Anp, Inc. Request for Withholding Information from Public Disclosure

ML062280293
Person / Time
Site:	Millstone
Issue date:	08/22/2006
From:	Nerses V NRC/NRR/ADRO/DORL/LPLI-2
To:	Elliott G Framatome ANP
Nerses V, NRR//DLPM, 415-1484
References
04-732, FAB04-1430, TAC MC6505
Download: ML062280293 (4)

Text

August 22, 2006 Ms. Gayle F. Elliott, Manager Product Licensing in Regulatory Affairs Framatome ANP, Inc.

3315 Old Forest Road PO Box 10935 Lynchburg, VA 24506-0935

SUBJECT:

FRAMATOME ANP, INC. REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (FAB04-1430) FOR MILLSTONE POWER STATION UNIT NO. 2 (TAC NO. MC6505)

Dear Ms. Elliot:

By Dominion Nuclear Connecticut, Inc. (DNC) letter 04-732 dated December 22, 2004, and Framatome ANP, Inc. (FANP) affidavit dated December 13, 2004 (Attachment 3 to DNC letter 04-732), DNC 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)

Section 2.7901:

Selective Implementation of the Alternative Source Term - Fuel Handling Accident Analysis: Fuel Assembly, Fuel Rod, and Core Performance Data (Attachment 1 to DNC letter 04-732)

A nonproprietary copy of this document (Attachment 2 to DNC letter 04-732), has been placed in the Nuclear Regulatory Commission's (NRCs) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

As follows, the affidavit contained information demonstrating that the submitted information should be considered exempt from mandatory public disclosure:

(1) The information is of the type typically held in confidence by FANP, and is in fact so held.

(2) The information was transmitted to the Nuclear Regulatory Commission in confidence.

(3) The information has not been publically disclosed, nor is it available in public sources.

(4) Public disclosure of the information would be likely to cause substantial harm to the competitive position of FANP because it would enhance the ability of competitors to design, produce, or market a similar product or service without commensurate expenses.

1 Section 2.790 of 10 CFR was renumbered to 2.390, without substantive change, by rule dated January 14, 2004 (69 FR 2182). The rule became effective February 13, 2004, therefore further reference to Section 2.790 in this letter will no longer be used and instead be replaced by reference to Section 2.390.

G. Elliott 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 version 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) 415-1484.

Sincerely,

/RA by G. Ed Miller for/

Victor Nerses, Senior Project Manager Plant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-336 cc: See next page

G. Elliott 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 version 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) 415-1484.

Sincerely,

/RA by G. Ed Miller for/

Victor Nerses, Senior Project Manager Plant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-336 cc: See next page DISTRIBUTION:

PUBLIC RidsNrrPMREnnis RidsOgcMailCenter LPLI-2 R/F RidsNrrPMVNerses RidsAcrsAcnwMailCenter RidsNrrLACRaynor RidsNrrDorlLpl1-2 RidsRgn1MailCenter ADAMS Accession Number: ML062280293 OFFICE LPLI-2/PM LPLI-2/LA LPLI-2/BC(A)

NAME VNerses:rsa CRaynor BPoole (GMiller for)

DATE 8/22/06 8/22/06 8/22/06 OFFICIAL RECORD COPY

Millstone Power Station, Unit No. 2 cc:

Lillian M. Cuoco, Esquire Mr. J. W. "Bill" Sheehan Senior Counsel Co-Chair NEAC Dominion Resources Services, Inc. 19 Laurel Crest Drive Building 475, 5th Floor Waterford, CT 06385 Rope Ferry Road Waterford, CT 06385 Mr. Evan W. Woollacott Co-Chair Edward L. Wilds, Jr., Ph.D. Nuclear Energy Advisory Council Director, Division of Radiation 128 Terry's Plain Road Department of Environmental Protection Simsbury, CT 06070 79 Elm Street Hartford, CT 06106-5127 Ms. Nancy Burton 147 Cross Highway Regional Administrator, Region I Redding Ridge, CT 00870 U.S. Nuclear Regulatory Commission 475 Allendale Road Mr. Chris L. Funderburk King of Prussia, PA 19406 Director, Nuclear Licensing and Operations Support First Selectmen Dominion Resources Services, Inc.

Town of Waterford Innsbrook Technical Center 15 Rope Ferry Road 5000 Dominion Boulevard Waterford, CT 06385 Glen Allen, VA 23060-6711 Charles Brinkman, Director Mr. David W. Dodson Washington Operations Nuclear Services Licensing Supervisor Westinghouse Electric Company Dominion Nuclear Connecticut, Inc.

12300 Twinbrook Pkwy, Suite 330 Building 475, 5th Floor Rockville, MD 20852 Rope Ferry Road Waterford, CT 06385 Senior Resident Inspector Millstone Power Station Mr. Joseph Roy, c/o U.S. Nuclear Regulatory Commission Director of Operations P.O. Box 513 Massachusetts Municipal Wholesale Niantic, CT 06357 Electric Company Moody Street Mr. J. Alan Price P.O. Box 426 Site Vice President Ludlow, MA 01056 Dominion Nuclear Connecticut, Inc.

Building 475, 5th Floor Rope Ferry Road Waterford, CT 06385