ML071140024

(Ano), Unit 2 - Request for Withholding Information from Public Disclosure

ML071140024
Person / Time
Site:	Arkansas Nuclear
Issue date:	05/01/2007
From:	Farideh Saba NRC/NRR/ADRO/DORL/LPLIV
To:	Mitchell T Entergy Operations
Saba F, NRR/DORL/LPL4, 301-415-1447
References
HI-2063601, TAC MD4994
Download: ML071140024 (4)

Text

May 1, 2007 Mr. Timothy G. Mitchell Vice President, Operations Arkansas Nuclear One Entergy Operations, Inc.

1448 S. R. 333 Russellville, AR 72802

SUBJECT:

ARKANSAS NUCLEAR ONE (ANO), UNIT 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD4994)

Dear Mr. Mitchell:

By your letter dated March 30, 2007, Entergy Operations, Inc. (Entergy), submitted the Westinghouse Electric Company LLC (Westinghouse) affidavit dated March 23, 2007, executed by B. F. Maurer and Holtec International (Holtec)'s affidavit dated March 21, 2007, executed by Debabrata Mitra-Majumdar requesting that information in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 2.390:

Holtec Report No. HI-2063601, Holtec Licensing Report for ANO Unit 2 Partial Rerack The information was contained in Attachment 8 of the Entergys letter dated March 30, 2007. A nonproprietary copy of the document was provided in Attachment 5 of the letter. This nonproprietary document is placed in the Nuclear Regulatory Commission (NRC)'s Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

The Westinghouse affidavit stated that the proprietary information sought to be withheld in this submittal is that which is marked in Table 4.5.1, PWR [Pressurized-Water Reactor] Fuel Assembly Specifications, contained in Holtec Report No. HI-2063601. The information submitted in Table 4.5.1, marked as a, c in the table, should be considered exempt from mandatory public disclosure for the following reasons:

a. The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over the other companies; and

c. Its use 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 a similar product.

T. Mitchell The Holtecs 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 competitors without license from Holtec International constitutes a competitive economic advantage over other companies; and

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 Entergys 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, "Holtec Licensing Report for ANO Unit 2 Partial Rerack," 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 301-415-1447.

Sincerely,

/RA/

Farideh E. Saba, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-368 cc: See next page

The Holtecs 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 competitors without license from Holtec International constitutes a competitive economic advantage over other companies; and

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 Entergys 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, "Holtec Licensing Report for ANO Unit 2 Partial Rerack," 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 301-415-1447.

Sincerely,

/RA/

Farideh E. Saba, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-368 cc: See next page DISTRIBUTION:

PUBLIC LPLIV r/f RidsOgcRp RidsAcrsAcnwMailCenter AMendiola, NRR RidsNrrDorlLpl4 RidsNrrPMFSaba RidsNrrLALFeizollahi RidsRgn4MailCenter RidsNrrDciCsgb RidsNrrDeEema (KManoly)

Accession No.: ML071140024 OFFICE NRR/LPL4/PM NRR/LPL4/LA NRR/CSGB/BC NRR/SNPB/BC NRR/EMCB/BC NRR/LPL4/BC NAME FSaba LFeizollahi AHiser AMendiola KManoly THiltz DATE 4/26/07 4/26/07 4/30/07 4/30/07 5/1/07 5/1/07 OFFICIAL RECORD COPY Arkansas Nuclear One February 2007

T. Mitchell cc:

Executive Vice President Section Chief, Division of Health

& Chief Operating Officer Emergency Management Section Entergy Operations, Inc. Arkansas Department of Health and P.O. Box 31995 Human Services Jackson, MS 39286-1995 4815 West Markham Street, Slot 30 Little Rock, AR 72205-3867 General Manager Plant Operations Senior Resident Inspector Entergy Operations, Inc. U.S. Nuclear Regulatory Commission Arkansas Nuclear One P.O. Box 310 1448 SR 333 London, AR 72847 Russellville, AR 72802 Regional Administrator, Region IV Director, Nuclear Safety Assurance U.S. Nuclear Regulatory Commission Entergy Operations, Inc. 611 Ryan Plaza Drive, Suite 400 Arkansas Nuclear One Arlington, TX 76011-8064 1448 SR 333 Russellville, AR 72802 County Judge of Pope County 100 W. Main Street Manager, Licensing Russellville, AR 72801 Entergy Operations, Inc.

Arkansas Nuclear One Vice President, Operations Support 1448 SR 333 Entergy Operations, Inc.

Russellville, AR 72802 P.O. Box 31995 Jackson, MS 39286-1995 Director, Nuclear Safety & Licensing Entergy Operations, Inc.

1340 Echelon Parkway Jackson, MS 39213-8298 Section Chief, Division of Health Radiation Control Section Arkansas Department of Health and Human Services 4815 West Markham Street, Slot 30 Little Rock, AR 72205-3867 February 2007