ML072570147

Progress Energy Carolinas, Inc. - Request for Withholding of Proprietary Information from Public Disclosure for Brunswick Steam Electric Plant, Unit Nos. 1 and 2

ML072570147
Person / Time
Site:	Brunswick
Issue date:	11/09/2007
From:	Stewart Bailey NRC/NRR/ADRO/DORL/LPLII-2
To:	Scarola J Carolina Power & Light Co
Vaaler, Marlayna, NRR/DORL 415-3178
References
TAC MD4061, TAC MD4062
Download: ML072570147 (4)

Text

November 9, 2007 Mr. James Scarola, Vice President Brunswick Steam Electric Plant Carolina Power & Light Company Post Office Box 10429 Southport, North Carolina 28461

SUBJECT:

PROGRESS ENERGY CAROLINAS, INC. - REQUEST FOR WITHHOLDING OF PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE FOR BRUNSWICK STEAM ELECTRIC PLANT, UNIT NOS. 1 AND 2 (TAC NOS. MD4061 AND MD4062)

Dear Mr. Scarola:

By letter dated July 18, 2007, you submitted an affidavit dated June 22, 2007, executed by Jerald S. Holm, Manager of Product Licensing for AREVA NP, Inc., requesting 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), Part 2, Section 2.390:

AREVA Report ANP-2625(P): Brunswick Units 1 and 2 LOCA Break Spectrum Analysis for ATRIUM'-10 Fuel, dated June 2007.

A nonproprietary copy of this document has been placed in the U.S. Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(a) 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.

(b) The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for AREVA NP in product optimization or marketability.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

J. Scarola 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 301-415-1321.

Sincerely,

/RA/

Stewart N. Bailey, Senior Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-325 and 50-324 cc: See next page

November 9, 2007 J. Scarola 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 301-415-1321.

Sincerely,

/RA/

Stewart N. Bailey, Senior Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-325 and 50-324 cc: See next page DISTRIBUTION:

PUBLIC LPL2-2 R/F RidsNrrPMSBailey RidsNrrLABClayton RidsNrrDorlLpl2-2 RidsNrrDssSrsb RidsOgcRp RidsAcrsAcnwMailCenter RidsRgn2MailCenter MVaaler ADAMS Accession Number: ML072570147 NRR-084 OFFICE LPL2-2 LPL2-2/PM LPL2-2/LA SRSB/BC LPL2-2/BC NAME MVaaler SBailey BClayton GCranston EMarinos for TBoyce DATE 09/14/07 11/09/07 09/15/07 10/22/07 11/09/07 OFFICIAL RECORD COPY

Mr. James Scarola Brunswick Steam Electric Plant, Carolina Power & Light Company Units 1 and 2 cc:

David T. Conley Mr. Robert P. Gruber Associate General Counsel II - Executive Director Legal Department Public Staff - NCUC Progress Energy Service Company, LLC 4326 Mail Service Center Post Office Box 1551 Raleigh, North Carolina 27699-4326 Raleigh, North Carolina 27602-1551 Ben Waldrep Mr. David R. Sandifer, Chairperson Director, Site Operations Brunswick County Board of Commissioners Brunswick Steam Electric Plant Post Office Box 249 Carolina Power & Light Company Bolivia, North Carolina 28422 Post Office Box 10429 Southport, North Carolina 28461-0429 Resident Inspector U. S. Nuclear Regulatory Commission Mr. Norman R. Holden, Mayor 8470 River Road City of Southport Southport, North Carolina 28461 201 East Moore Street Southport, North Carolina 28461 Mr. John H. ONeill, Jr.

Pillsbury Winthrop Shaw Pittman, LLP Mr. Warren Lee 2300 N Street NW. Emergency Management Director Washington, DC 20037-1128 New Hanover County Department of Emergency Management Ms. Beverly Hall, Section Chief Post Office Box 1525 Division of Radiation Protection Wilmington, North Carolina 28402-1525 N.C. Department of Environment and Natural Resources Mr. J. Paul Fulford 3825 Barrett Dr. Manager, Performance Evaluation and Raleigh, North Carolina 27609-7721 Regulatory Affairs PEB5 Carolina Power & Light Company Mr. Terry D. Hobbs Post Office Box 1551 Plant General Manager Raleigh, North Carolina 27602-1551 Brunswick Steam Electric Plant Carolina Power & Light Company Mr. Randy C. Ivey Post Office Box 10429 Manager - Support Services Southport, North Carolina 28461-0429 Brunswick Steam Electric Plant Carolina Power & Light Company Public Service Commission Post Office Box 10429 State of South Carolina Southport, North Carolina 28461 Post Office Drawer 11649 Columbia, South Carolina 29211 Ms. Margaret A. Force Assistant Attorney General State of North Carolina Post Office Box 629 Raleigh, North Carolina 27602