ML091040488
| ML091040488 | |
| Person / Time | |
|---|---|
| Site: | River Bend  |
| Issue date: | 05/05/2009 |
| From: | Lyon C Plant Licensing Branch IV |
| To: | Entergy Operations |
| Lyon C Fred, NRR/DORL/LPL4, 301-415-2296 | |
| References | |
| TAC MD7966 | |
| Download: ML091040488 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 May 5, 2009 Vice President, Operations Entergy Operations, Inc.
River Bend Station 5485 US Highway 61 N St. Francisville, LA 70775 SUB..IECT:
RIVER BEND STATION, UNIT 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD7966)
Dear Sir or Madam:
By letter dated April 14, 2009, as revised by letter dated April 29, 2009, you submitted an affidavit dated April 8,2009, executed by Alan B. Meginnis, 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) Section 2.390:
Response to NRC Request for Additional Information (Proprietary Version)
The document is included in Attachment 1 to your letter to the U.S. Nuclear Regulatory Commission (NRC) dated April 14, 2009.
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:
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.
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.
The information is vital to a competitive advantage held by AREVA NP, would be helpful to competitors to AREVA NP, and would likely cause substantial harm to the competitive position of 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.
- 2 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 301-415-2296.
Sincerely, Carl F. Lyon, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-458 cc:
Alan B. Meginnis AREVA NP Inc.
2101 Horn Rapids Road Richland, WA 99354 alan.meginnis@areva.com Additional Distribution via Listserv
- 2 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 301-415-2296.
Sincerely, IRA!
Carl F. Lyon, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-458 cc:
Alan B. Meginnis AREVA NP Inc.
2101 Horn Rapids Road Richland, WA 99354 alan.meginnis@areva.com Additional Distribution via Listserv DISTRIBUTION:
PUBLIC LPLIV r/f RidsAcrsAcnw_MailCTR Resource RidsNrrDorlLpl4 Resource RidsNrrDssSrxb Resource RidsNrrPMRiverBend Resource RidsNrrLAJBurkhardt Resource RidsOgcRp Resource RidsRgn4MailCenter Resource ADAMS Accession No:
88 ML091 0404 d
- PrevlouslY concurre OFFICE NRR/LPL4/PM NRR/LPL4/LA DSS/SRXB/BC NRR/LPL4/BC NRR/LPL4/PM NAME FLyon JBurkhardt*
GCranston*
MMarkley B Singal for FLyon DATE 4/30/09 4/15/09 4/29/09 5/1/09 5/5/09 OFFICIAL AGENCY RECORD