ML081310016
| ML081310016 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 05/16/2008 |
| From: | Vaaler M NRC/NRR/ADRO/DORL/LPLII-2 |
| To: | Duncan R Carolina Power & Light Co |
| Vaaler, Marlayna, NRR/DORL 415-1998 | |
| References | |
| TAC MD8508 | |
| Download: ML081310016 (5) | |
Text
May 16, 2008 Robert J. Duncan II, Vice President Shearon Harris Nuclear Power Plant Carolina Power & Light Company Post Office Box 165, Mail Code: Zone 1 New Hill, North Carolina 27562-0165
SUBJECT:
CAROLINA POWER AND LIGHT COMPANY - REQUEST FOR WITHHOLDING OF PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE FOR SHEARON HARRIS NUCLEAR POWER PLANT, UNIT 1 (TAC NO. MD8508)
Dear Mr. Duncan:
By letter dated April 3, 2008, you submitted an affidavit dated March 10, 2008, executed by John Catanio, Holtec International Project Manager for the Progress Energy Harris Plant Phase IV Racks Project, 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 Report No. HI-2073849, Revision 0: Licensing Amendment Report for Change in Rack Neutron Absorber Material (Proprietary).
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(a)
The information 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.
(b)
The information is such that, if used by a competitor, it 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 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 document 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 Nuclear Regulatory Commission (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 301-415-3178.
Sincerely,
/RA/
Marlayna Vaaler, Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-400 cc: See next page
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 Nuclear Regulatory Commission (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 301-415-3178.
Sincerely,
/RA/
Marlayna Vaaler, Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-400 cc: See next page DISTRIBUTION:
PUBLIC LPL2-2 R/F RidsNrrPMMVaaler RidsNrrLACSola RidsNrrDorlLpl2-2 RidsOgcRp RidsAcrsAcnw&mMailCenter RidsRgn2MailCenter (RMusser)
ADAMS Accession Number: ML081310016 NRR-084 OFFICE LPL2-2/PM LPL2-2/LA LPL2-2/BC NAME MVaaler RSola TBoyce DATE 05/14/08 05/13/08 05/16/08 OFFICIAL RECORD COPY
Mr. Robert J. Duncan II Shearon Harris Nuclear Power Plant, Carolina Power & Light Company Unit No. 1 cc:
Mr. Kelvin Henderson Plant General Manager Shearon Harris Nuclear Power Plant Progress Energy Carolinas, Inc.
Post Office Box 165, Mail Zone 3 New Hill, North Carolina 27562-0165 Mr. Chris L. Burton Director of Site Operations Shearon Harris Nuclear Power Plant Progress Energy Carolinas, Inc.
Post Office Box 165, Mail Zone 1 New Hill, North Carolina 27562-0165 Mr. David H. Corlett, Supervisor Licensing/Regulatory Programs Shearon Harris Nuclear Power Plant Progress Energy Carolinas, Inc.
Post Office Box 165, Mail Zone 1 New Hill, North Carolina 27562-0165 Ms. Phyllis N. Mentel, Manager Support Services Shearon Harris Nuclear Power Plant Progress Energy Carolinas, Inc.
Post Office Box 165, Mail Zone 1 New Hill, North Carolina 27562-0165 Resident Inspector / Harris NPS c/o U. S. Nuclear Regulatory Commission 5421 Shearon Harris Road New Hill, North Carolina 27562-9998 Mr. J. Paul Fulford Manager, Performance Evaluation and Regulatory Affairs PEB 5 Progress Energy Carolinas, Inc.
Post Office Box 1551 Raleigh, North Carolina 27602-1551 Mr. David T. Conley Associate General Counsel II -
Legal Department Progress Energy Service Company, LLC Post Office Box 1551 Raleigh, North Carolina 27602-1551 Chairman of the North Carolina Utilities Commission Post Office Box 29510 Raleigh, North Carolina 27626-0510 Public Service Commission State of South Carolina Post Office Drawer 11649 Columbia, South Carolina 29211 Ms. Beverly Hall, Section Chief Division of Radiation Protection N.C. Department of Environment and Natural Resources 3825 Barrett Drive Raleigh, North Carolina 27609-7721 Mr. Robert P. Gruber Executive Director Public Staff NCUC 4326 Mail Service Center Raleigh, North Carolina 27699-4326 Ms. Margaret A. Force Assistant Attorney General State of North Carolina Post Office Box 629 Raleigh, North Carolina 27602 Mr. Tony Gurley, Chair Board of County Commissioners of Wake County Post Office Box 550 Raleigh, North Carolina 27602 Mr. Carl Thompson, Chair Board of County Commissioners of Chatham County Post Office Box 87 Pittsboro, North Carolina 27312 Mr. John H. ONeill, Jr.
Pillsbury Winthrop Shaw Pittman, LLP 2300 N Street NW.
Washington, DC 20037-1128 Mr. John D. Runkle Attorney at Law Post Office Box 3793 Chapel Hill, North Carolina 27515-3793 Mr. Jim Warren NC Waste Awareness & Reduction Network Post Office Box 61051 Durham, North Carolina 27715-1051