ML062280293
| 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
1Section 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.
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.
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 (GMiller for)
CRaynor BPoole DATE 8/22/06 8/22/06 8/22/06 OFFICIAL RECORD COPY
Millstone Power Station, Unit No. 2 cc:
Lillian M. Cuoco, Esquire Senior Counsel Dominion Resources Services, Inc.
Building 475, 5th Floor Rope Ferry Road Waterford, CT 06385 Edward L. Wilds, Jr., Ph.D.
Director, Division of Radiation Department of Environmental Protection 79 Elm Street Hartford, CT 06106-5127 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 First Selectmen Town of Waterford 15 Rope Ferry Road Waterford, CT 06385 Charles Brinkman, Director Washington Operations Nuclear Services Westinghouse Electric Company 12300 Twinbrook Pkwy, Suite 330 Rockville, MD 20852 Senior Resident Inspector Millstone Power Station c/o U.S. Nuclear Regulatory Commission P.O. Box 513 Niantic, CT 06357 Mr. J. Alan Price Site Vice President Dominion Nuclear Connecticut, Inc.
Building 475, 5th Floor Rope Ferry Road Waterford, CT 06385 Mr. J. W. "Bill" Sheehan Co-Chair NEAC 19 Laurel Crest Drive Waterford, CT 06385 Mr. Evan W. Woollacott Co-Chair Nuclear Energy Advisory Council 128 Terry's Plain Road Simsbury, CT 06070 Ms. Nancy Burton 147 Cross Highway Redding Ridge, CT 00870 Mr. Chris L. Funderburk Director, Nuclear Licensing and Operations Support Dominion Resources Services, Inc.
Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711 Mr. David W. Dodson Licensing Supervisor Dominion Nuclear Connecticut, Inc.
Building 475, 5th Floor Rope Ferry Road Waterford, CT 06385 Mr. Joseph Roy, Director of Operations Massachusetts Municipal Wholesale Electric Company Moody Street P.O. Box 426 Ludlow, MA 01056