ML093520104

Request for Withholding Information from Public Disclosure - 12/11/2009 Affidavit Executed by G. Elliott, Areva Np Re 12/15/09 Entergy Meeting Slides

ML093520104
Person / Time
Site:	Arkansas Nuclear
Issue date:	01/05/2010
From:	Kalyanam N Plant Licensing Branch IV
To:	Entergy Operations
Kalyanam N, NRR/DORL/LPL4, 415-1480
References
Download: ML093520104 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 January 5, 2010 Vice President, Operations Arkansas Nuclear One Entergy Operations, Inc.

1448 S.R. 333 Russellville, AR 72802

SUBJECT:

ARKANSAS NUCLEAR ONE, UNIT 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE

Dear Sir or Madam:

On December 15, 2009, at a scheduled meeting to discuss the Arkansas Nuclear One, Unit 1 (ANO-1) Steam Generator Inspection results, Entergy Operations, Inc. (Entergy), submitted an affidavit dated December 11, 2009 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML093500532), executed by Mr. G. F. Elliott of Areva NP Inc. and Entergy requested that the information contained in the following handout be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

NRC [Nuclear Regulatory Commission] Presentation Current Status of the Arkansas Nuclear One Unit One Steam Generators Entergy/AREVA NP December 2009 A nonproprietary copy of this handout provided at the meeting has been placed in the NRC Public Document Room and is available in ADAMS Accession No. ML093500565.

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.

-2 Therefore, the version(s) 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 301-415-1480 or by electronic mail at kaly.kalyanam@nrc.gov.

Sincerely,

~

N. Kalyanam, roject Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-313 cc: G. F. Elliott Manager, Product Licensing AREVA NP 3315 Old Forest Road, Lynchburg, VA 24506-0935 Additional distribution via ListServ

-2 Therefore, the version(s) 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 301-415-1480 or by electronic mail at kaly.kalyanam@nrc.gov.

Sincerely, IRA!

N. Kalyanam, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-313 cc: G. F. Elliott Manager, Product Licensing AREVA NP 3315 Old Forest Road, Lynchburg, VA 24506-0935 Additional distribution via ListServ DISTRIBUTION:

PUBLIC LPL4 Reading RidsAcrsAcnw_MailCTR Resource RidsNrrDciCsgb Resource RidsNrrDorlLpl4 Resource RidsNrrLAJBurkhardt Resource RidsNrrPMANO Resource RidsOgcRp Resource RidsRgn4MailCenter Resource ADAMS Accession No ML093520104 OFFICE DORULPL4/PM DORULPL4/LA DCI/CSGB/BC DORULPL4/BC DORLlLPL4/PM NAME NKalyanam .IBurkhardt RTaylor MMarkley NKalyanam DATE 12/28/09 12/22/09 1/4/10 1/5/10 1/5/10 OFFICIAL RECORD COpy