ML100251379
| ML100251379 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 02/01/2010 |
| From: | Sands S Plant Licensing Branch III |
| To: | Allen B FirstEnergy Nuclear Operating Co |
| Sands, S, NRR/DLPM/PD3-2, 415-3154 | |
| References | |
| TAC ME2310 | |
| Download: ML100251379 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 1, 2010 Mr. Barry S. Allen Site Vice President FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station lVIail Stop A-DB-3080 5501 North State Route 2 Oak Harbor, OH 43449-9760 SUB,"IECT:
DAVIS-BESSE NUCLEAR POWER STATION, UNIT NO.1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME2310)
Dear Mr. Allen:
By letter to the Nuclear Regulatory Commission (NRC) dated December 3, 2009 (Agencywide Documents Access and Management System Accession No. ML093450484), FirstEnergy Nuclear Operating Company submitted two affidavits dated November 20, 2009, executed by Gayle F. Elliott, Manager, Product Licensing, AREVA NP Inc. and Moses Taylor, Jr., Senior Associate, Structural Integrity Associates, Inc. (SIA), requesting that information designated proprietary in the following document be withheld from public disclosure pursuant to paragraph (a)(4) of Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:
- Structural Integrity Associates, Inc. (SIA) report Number 0800368.404, Revision 0, July 20, 2009.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(a) The 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 AREV NP.
We have reviewed your submittal in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the 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.
B. Allen
- 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 should also 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, please contact me at (301 )415-3154.
Stephen P. Sands, Project Manager Plant Licensing Branch 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-346 cc: See next page
Davis-Besse Nuclear Power Station Unit No.1 cc:
Gayle F. Elliott, Manager - Product Licensing AREVA NP, Inc.
3315 Old Forest Road Lynchburg, VA 24501 Moses Taylor, Jr., Senior Associate Structural Integrity Associates, Inc.
5215 Hellyer Avenue, Suite 210 San Jose, CA 95138 Additional distribution via Iistserv
I\\IIL100251379 OFFICE LPL3-2/PM LPL3-2/LA LPL3-2/BC NAME SSands (MMahoney for)
THarris SCampbell DATE 1/29/2010 1/27/2010 2/1/2010