ML101480938
| ML101480938 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 06/03/2010 |
| From: | Pickett D Plant Licensing Branch 1 |
| To: | Entergy Nuclear Operations |
| Pickett D, NRR/DORLLPL1-1, 415-1364 | |
| References | |
| TAC ME3786 | |
| Download: ML101480938 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 June 3,2010 Vice President, Operations Entergy Nuclear Operations, Inc.
James A. FitzPatrick Nuclear Power Plant P.O. Box 110 Lycoming, NY 13093 SUB~'ECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE JAMES A. FITZPATRICK NUCLEAR POWER PLANT (TAC NO. ME3786)
Dear Sir or Madam:
By letter dated April 21, 2010 (Agencywide Document Accession and Management System Accession No. ML101170218), you submitted an affidavit dated March 11, 2010, executed by Mr. Anthony P. Reese, Manager, Reload Design & Analysis, Global Nuclear Fuel - Americas, LLC (GNF-A). You requested 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:
GNF-0000-0108-3692-R1-P, "GNF Additional Information Regarding the Requested Changes to the Technical Specifications SLMCPR [Safety Limit Minimum Critical Power Ratio], FitzPatrick Cycle 20, Class III, (GNF Proprietary Information), dated March 11, 2010.
A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission's (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:
(4)a.
Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-A's competitors without license from GNF-A constitutes a competitive economic advantage over other companies; (4)b.
Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product; 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 publlc 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 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 301-415~1364.
Sincerely, J)-a-~ ~ ~~
Douglas V. Pickett, Senior Project Manager Plant Licensing Branch 1~1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-333 cc:
Mr. Anthony P. Reese, Manager Reload Design & Analysis Global Nuclear Fuel - Americas, LLC 3901 Castle Hayne Rd.
Wilmington, NC 28402 Additional Distribution via Listserv
ML101480938 OFFICE LPL1-1/PM LPL1-1/LA SRXB/BC LPL1-1/BC NAME DPickett SUttle AUlses NSalgado (JBoska for)
DATE 06/01 /10 06/01/10 06/06/10 06/03/10