ML073100990

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Progress Energy Florida, Inc. - Request for Withholding of Proprietary Information from Public Disclosure for Crystal River Nuclear Plant, Unit 3 (CR-3)
ML073100990
Person / Time
Site: Crystal River Duke Energy icon.png
Issue date: 11/15/2007
From: Stewart Bailey
NRC/NRR/ADRO/DORL/LPLII-2
To: Young D
Florida Power Corp
Bailey S , NRR/ADRO/DORL, 415-1321
References
TAC MD5498
Download: ML073100990 (4)


Text

November 15, 2007 Mr. Dale E. Young, Vice President Crystal River Nuclear Plant (NA1B)

ATTN: Supervisor, Licensing & Regulatory Programs 15760 W. Power Line Street Crystal River, Florida 34428-6708

SUBJECT:

PROGRESS ENERGY FLORIDA, INC. - REQUEST FOR WITHHOLDING OF PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE FOR CRYSTAL RIVER NUCLEAR PLANT, UNIT NO. 3 (CR-3) (TAC NO. MD5498)

Dear Mr. Young:

By letter dated September 13, 2007, you submitted an affidavit dated September 11, 2007, executed by Gayle F. Elliott, Manager of Product Licensing for AREVA NP Inc., requesting that portions of the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

AREVA NP Calculation Summary Sheet 32-5031406-01: CR-3 PZR [Pressurizer] Level Sensing and Water Sampling Nozzle Repair, dated September 2003.

AREVA NP Calculation Summary Sheet 32-5031406-02: CR-3 PZR Level Sensing and Water Sampling Nozzle Repair, dated June 2007.

AREVA NP Calculation Summary Sheet 32-9043120-000: Crystal River Unit 3 Pressurizer Vent Nozzle Repair Analysis, dated July 2007.

AREVA NP Calculation Summary Sheet 32-9043116-000: Crystal River Unit 3 Pressurizer Thermowell Repair Analysis, dated September 2007.

AREVA NP Calculation Summary Sheet 32-9043116-001: Crystal River Unit 3 Pressurizer Thermowell Repair Analysis, dated September 2007.

AREVA NP Calculation Summary Sheet 32-9043167-000: Crystal River Unit 3 Vent Nozzle As-Left J-Groove Weld Fracture Mechanics Analysis, dated August 2007.

AREVA NP Calculation Summary Sheet 32-5029133-01: CR-3 Pressurizer Nozzle J-Groove Weld Flaw Evaluations, dated June 2007.

AREVA NP Calculation Summary Sheet 32-9043166-000: Crystal River Unit 3 Thermowell Nozzle As-Left J-Groove Weld Fracture Mechanics Analysis, dated August 2007.

AREVA NP Engineering Information Record 51-5029172-002: CR3 PZR 1/2 Nozzle and Thermowell Repair Corrosion Evaluation, dated June 2007.

AREVA NP Engineering Information Record 51-5029171-002: CR-3 Pressurizer Nozzle Repair Loose Part Evaluation, dated July 2007.

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

(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 AREVA NP.

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.

Therefore, the information submitted in the documents outlined above 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 No. 50-302 cc: See next page

AREVA NP Engineering Information Record 51-5029171-002: CR-3 Pressurizer Nozzle Repair Loose Part Evaluation, dated July 2007.

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

(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 AREVA NP.

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.

Therefore, the information submitted in the documents outlined above 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 No. 50-302 cc: See next page DISTRIBUTION:

PUBLIC LPL2-2 R/F RidsNrrPMSBailey RidsNrrLABClayton RidsNrrDorlLpl2-2 RidsNrrDciCpnb RidsOgcRp RidsAcrsAcnwMailCenter RidsRgn2MailCenter MVaaler ADAMS Accession Number: ML073100990 NRR-084 OFFICE LPL2-2 LPL2-2/PM LPL2-2/LA CPNB/BC LPL2-2/BC NAME MVaaler SBailey BClayton TChan TBoyce DATE 11/06/07 11/ 08/ 07 11/ 09/ 07 11/07/07 11/15/07 OFFICIAL RECORD COPY

Mr. Dale E. Young Crystal River Nuclear Plant, Unit 3 Florida Power Corporation cc:

Mr. R. Alexander Glenn Associate General Counsel (MAC-BT15A)

Florida Power Corporation P.O. Box 14042 St. Petersburg, Florida 33733-4042 Mr. Michael J. Annacone Plant General Manager Crystal River Nuclear Plant (NA2C) 15760 W. Power Line Street Crystal River, Florida 34428-6708 Mr. Jim Mallay Framatome ANP 1911 North Ft. Myer Drive, Suite 705 Rosslyn, Virginia 22209 Mr. William A. Passetti, Chief Department of Health Bureau of Radiation Control 2020 Capital Circle, SE, Bin #C21 Tallahassee, Florida 32399-1741 Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32304 Mr. Craig Fugate, Director Division of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Chairman Board of County Commissioners Citrus County 110 North Apopka Avenue Inverness, Florida 34450-4245 Mr. Stephen J. Cahill Engineering Manager Crystal River Nuclear Plant (NA2C) 15760 W. Power Line Street Crystal River, Florida 34428-6708 Mr. Jon A. Franke Director Site Operations Crystal River Nuclear Plant (NA2C) 15760 W. Power Line Street Crystal River, Florida 34428-6708 Senior Resident Inspector Crystal River Unit 3 U.S. Nuclear Regulatory Commission 6745 N. Tallahassee Road Crystal River, Florida 34428 Ms. Phyllis Dixon Manager, Nuclear Assessment Crystal River Nuclear Plant (NA2C) 15760 W. Power Line Street Crystal River, Florida 34428-6708 David T. Conley Associate General Counsel II - Legal Dept.

Progress Energy Service Company, LLC Post Office Box 1551 Raleigh, North Carolina 27602-1551 Mr. Daniel L. Roderick Vice President, Nuclear Projects &

Construction Crystal River Nuclear Plant (SA2C) 15760 W. Power Line Street Crystal River, Florida 34428-6708 Mr. David Varner Manager, Support Services - Nuclear Crystal River Nuclear Plant (SA2C) 15760 W. Power Line Street Crystal River, Florida 34428-6708 Gayle F. Elliott Manager, Product Licensing AREVA NP Inc.

3315 Old Forest Road Lynchburg, Virginia 24501