ML063390158

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Request for Withholding Information from Public Disclosure Engineering Information Record 51-9004433-01, FCS RSG - Afas Verification - RAI Responses
ML063390158
Person / Time
Site: Fort Calhoun Omaha Public Power District icon.png
Issue date: 12/11/2006
From: Wang A
NRC/NRR/ADRO/DORL/LPLIV
To: Ridenoure R
Omaha Public Power District
Wang, A B, NRR/DORL/LPLIV, 415-1445
References
TAC MC8857
Download: ML063390158 (4)


Text

December 11, 2006 Mr. R. T. Ridenoure Vice President - Chief Nuclear Officer Omaha Public Power District Fort Calhoun Station FC-2-4 Adm.

Post Office Box 550 Fort Calhoun, NE 68023-0550

SUBJECT:

FORT CALHOUN STATION, UNIT NO. 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MC8857)

Dear Mr. Ridenoure:

By letter dated December 14, 2005, Omaha Public Power District submitted an affidavit dated December 8, 2005, executed by Gayle F. Elliott, Manager, Product Licensing in Regulatory Affairs, for Framatome ANP (FANP), requesting that information in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:

Engineering Information Record 51-9004433-01, FCS RSG - AFAS Verification - RAI Responses A nonproprietary copy of the document was 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:

(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.

(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.

R. T. Ridenoure (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.

Therefore, the information in the document entitled, Engineering Information Record 51-9004433-01, <FCS RSG - AFAS Verification - RAI Responses, 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 Wang, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-285 cc: See next page

R. T. Ridenoure (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.

Therefore, the information in the document entitled, Engineering Information Record 51-9004433-01, <FCS RSG - AFAS Verification - RAI Responses, 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 Wang, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-285 DISTRIBUTION:

PUBLIC RidsNrrLALFeizollahi cc: See next page LPLIV Reading RidsNrrDraAadb RidsNrrDorlLpl4 (DTerao) RidsOgcRp RidsNrrPMAWang RidsRgn4MailCenter RidsAcrsAcnwMailCenter ADAMS ACCESSION NO.: ML063390158 NRR-084 OFFICE LPL4/PM LPL4/LA DRA/AADB/BC LPL4/BC NAME AWang LFeizollahi:lf MKotzalas DTerao DATE 12/5/06 12/5/06 12/5/06 12/11/06 OFFICIAL RECORD COPY

Ft. Calhoun Station, Unit 1 cc:

Winston & Strawn Mr. David J. Bannister, Manager ATTN: James R. Curtiss, Esq. Fort Calhoun Station 1700 K Street, N.W. Omaha Public Power District Washington, DC 20006-3817 Fort Calhoun Station FC-1-1 Plant P.O. Box 550 Chairman Fort Calhoun, NE 68023-0550 Washington County Board of Supervisors P.O. Box 466 Mr. Joe L. McManis Blair, NE 68008 Manager - Nuclear Licensing Omaha Public Power District Mr. John Hanna, Resident Inspector Fort Calhoun Station FC-2-4 Adm.

U.S. Nuclear Regulatory Commission P.O. Box 550 P.O. Box 310 Fort Calhoun, NE 68023-0550 Fort Calhoun, NE 68023 Mr. Daniel K. McGhee Regional Administrator, Region IV Bureau of Radiological Health U.S. Nuclear Regulatory Commission Iowa Department of Public Health 611 Ryan Plaza Drive, Suite 400 Lucas State Office Building, 5th Floor Arlington, TX 76011-4005 321 East 12th Street Des Moines, IA 50319 Ms. Julia Schmitt, Manager Radiation Control Program Nebraska Health & Human Services R & L Public Health Assurance 301 Centennial Mall, South P.O. Box 95007 Lincoln, NE 68509-5007 April 2006