ML092310343

Request for Withholding of Proprietary Information from Public Disclosure

ML092310343
Person / Time
Site:	Harris
Issue date:	08/28/2009
From:	Vaaler M Plant Licensing Branch II
To:	Burton C Carolina Power & Light Co
Vaaler, Marlayna, NRR/DORL 415-1998
References
TAC ME1735
Download: ML092310343 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 28, 2009 Chris L. Burton, 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 THE SHEARON HARRIS NUCLEAR POWER PLANT, UNIT 1 (TAC NO. ME1735)

Dear Mr. Burton:

By letter dated July 21,2009, you submitted an affidavit dated May 7,2009, executed by Gayle F. Elliot, Manager, Product Licensing, for AREVA NP, Inc. (AREVA NP), 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 No. ANP-2693(P), Revision 0: "Loss of Forced Reactor Coolant Flow Analysis for Harris Nuclear Plant, Unit 1" (Proprietary).

A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission's Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS) Electronic Reading Room at Accession No. ML092150054.

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 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 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.

-2 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 301-415-3178.

arlayna Vaaler, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-400 cc: Distribution via ListServ

-2 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 301-415-3178.

Sincerely, Ira!

Marlayna Vaaler, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-400 cc: Distribution via ListServ DISTRIBUTION:

PUBLIC LPL2-2 R/F RidsNrrPMShearonHarris RidsNrrLACSola RidsNrrDorlLpl2-2 RidsOgcRp RidsAcrsAcnwJ\IIailCTR RidsRgn2MailCenter ADAMS Accession Number ML092310343 NRR-084 OFFICE LPL2-2/PM LPL2-2/LA SRXB/BC LPL2-2/BC NAME MVaaler RSoia GCranston (TNakanishi for) TBoyce (MVaaler for)

DATE 8/27/2009 8/21/2009 8/28/2009 8/28/2009 OFFICIAL RECORD COPY