ML062910018

Request for Withholding Information from Public Disclosure

ML062910018
Person / Time
Site:	Arkansas Nuclear
Issue date:	10/31/2006
From:	Holland D NRC/NRR/ADRO/DORL/LPLIV
To:	Marlow T Entergy Operations
Holland, D., NRR/DORL/LPLIV, 415-1436
References
TAC MD2674
Download: ML062910018 (4)

Text

October 31, 2006 Mr. Thomas A. Marlow Director Nuclear Safety Assurance Entergy Operations, Inc.

1448 S.R. 333 Russellville, AR 72802

SUBJECT:

ARKANSAS NUCLEAR ONE, UNIT 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD2674)

Dear Mr. Marlow:

By your letter dated October 9, 2006, Entergy Operations, Inc., submitted Holtec International's (Holtec's) affidavit dated October 6, 2006, executed by Dr. Kris Singh, requesting that information in the following document be withheld from public disclosure pursuant to 10 CFR 2.390:

Metamic Inserts and Fuel Leadins for Spent Fuel Racks A nonproprietary copy of the document was not provided for placement in the Nuclear Regulatory Commission's (NRC's) Public Document Room or 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:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtec's or Entergy's competitors without license from Holtec International or Entergy constitutes a competitive economic advantage over other companies;

b. Information which, if used by a competitor, would reduce the competitor's expenditure of resources or improve the competitor's 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.

Therefore, the information in the document entitled, "Metamic Inserts and Fuel Leadins for Spent Fuel Racks," 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.

T. Marlow 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 Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-313 cc: See next page

T. Marlow 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 Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-313 cc: See next page DISTRIBUTION PUBLIC LPLIV Reading RidsNrrDorlLpl4 RidsNrrPMDHolland RidsNrrLALFeizollahi RidsOgcRp RidsAcrsAcnwMailCenter RidsRgn4MailCenter DJeng, DE ADAMS Accession Number: ML062910018 OFFICE NRR/LPLIV/PM NRR/LPLIV/LA NRR/DE/EGCB NRR/LPLG/BC NAME DHolland:lmf LFeizollahi DJeng DTerao DATE 10/19/06 10/18/06 10/30/06 10/31/06 OFFICIAL RECORD COPY

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 Mr. Jeffrey S. Forbes Little Rock, AR 72205-3867 Site Vice President Arkansas Nuclear One Winston & Strawn Entergy Operations, Inc.

1700 K Street, N.W. 1448 S. R. 333 Washington, DC 20006-3817 Russellville, AR 72801 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 September 2005