ML072570258

Entergy Operations, Inc. Request for Withholding Information from Public Disclosure for Arkansas Nuclear One, Unit 2, Re LAR to Support Partial Rerack/Revised Loading Patterns, Spent Fuel Pool

ML072570258
Person / Time
Site:	Arkansas Nuclear
Issue date:	11/05/2007
From:	Wang A NRC/NRR/ADRO/DORL/LPLIV
To:	Mitchell T Entergy Operations
Wang, A B, NRR/DORL/LPLIV, 415-1445
References
TAC MD4994
Download: ML072570258 (4)

Text

November 5, 2007 Mr. Timothy G. Mitchell Vice President, Operations Arkansas Nuclear One Entergy Operations, Inc.

1448 S. R. 333 Russellville, AR 72802

SUBJECT:

ENTERGY OPERATIONS, INC. REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR ARKANSAS NUCLEAR ONE, UNIT 2 (TAC NO. MD4994)

Dear Mr. Mitchell:

By letter dated June 13, 2007, Entergy Operations, Inc. (Entergy), submitted an affidavit dated May 15, 2007, executed by Dr. Debabrata Mitra-Majumdar, Holtec International, 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:

Holtec International Drawing 4906 Table 4.5.5, Fuel Rack Specifications-Region 1 Racks Figure 4.5.6, Sketch of Region 1 Racks, Detailing Important Dimensions and Tolerances The drawing is included in Attachment 2 and table and figure are included in Attachment 4, to your letter to the U.S. Nuclear Regulatory Commission (NRC), dated June 13, 2007. A nonproprietary copy of this document has been placed in the NRC's Public Document Room and added 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 Holtecs competitors without license from Holtec International constitutes a competitive 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 your application, the original affidavit submitted March 30, 2007, concerning Table 4.5.5 and Figure 4.5.6, 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.

T. G. Mitchell Therefore, the version(s) 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 301-415-1445.

Sincerely,

/RA/

Alan B. Wang, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-368 cc: Dr. Debabrata Mitra-Majumdar See next page

ML072570258 NRR-084 OFFICE NRR/DORL/LPL4/PM NRR/DORL/LPL4/LA NRR/DE/EMCB/BC NRR/DORL/LPLR/BC NAME AWang JBurkhardt KManoly THiltz DATE 9/19/07 9/14/07 9/21/07 11/5/07 Arkansas Nuclear One cc:

Dr. Debabrata Mitra-Majumdar Section Chief, Division of Health Project Manager - ANO-2 Radiation Control Section Holtec International Arkansas Department of Health and Holtec Center Human Services 555 Lincoln Drive West 4815 West Markham Street, Slot 30 Marlton, NJ 08053 Little Rock, AR 72205-3867 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 February 2007