ML092530288
| ML092530288 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 09/11/2009 |
| From: | Orf T Plant Licensing Branch II |
| To: | Nazar M Florida Power & Light Co |
| Orf, T J, NRR/DORL/301-415-2788 | |
| References | |
| TAC ME1883 | |
| Download: ML092530288 (2) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 11, 2009 Mr. Mano Nazar Senior Vice President, Nuclear and Chief Nuclear Officer Florida Power and Light Company P.O. Box 14000 Juno Beach, Florida 33408-0420 SUB..IECT:
ST. LUCIE UNIT 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME1883)
Dear Mr. Nazar:
By letter dated August 14, 2009, Eric S. Katzman of your staff submitted an affidavit dated August 13, 2009, executed by Mark J. Burzynski, Manager, Product Licensing, for 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), Part 2, Section 2.390:
Florida Power & Light Company, L-2009-192, "Data for NRC [Nuclear Regulatory Commission] Confirmatory EPU [Extended Power Uprate] Analyses," Attachment 2 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, in conjunction with the annotations of the document in question, 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.
(d)
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.
M. Nazar
- 2 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 pursuant to 10 CFR 2.390(a)(4).
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 301-415-2788.
Sincerely, Tracy J. Ort, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-335 cc:
Mark J. Burzynski, Manager Product Licensing AREVA NP Inc 3315 Old Forest Road, OF-16 Lynchburg, VA 24501 Additional distribution via Listserv
M. Nazar
- 2 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 pursuant to 10 CFR 2.390(a)(4).
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 301-415-2788.
Sincerely, IRA!
Tracy J. Ort, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-335 cc:
Mark J. Burzynski, Manager Product Licensing AREVA NP Inc 3315 Old Forest Road, OF-16 Lynchburg, VA 24501 Additional distribution via Listserv DISTRIBUTION:
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