ML101810224

Request for Withholding Information from Public Disclosure, 6/3/2010 Affidavit Executed by J. Gresham, Westinghouse Calculation Note CN-OA-08-16, Revision 0, TAC No. ME3678

ML101810224
Person / Time
Site:	Arkansas Nuclear
Issue date:	07/29/2010
From:	Kalyanam N Plant Licensing Branch IV
To:	Entergy Operations
Kalyanam N, NRR/DORL/LPL4, 415-1480
References
TAC ME3678
Download: ML101810224 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 29, 2010 Vice President, Operations Arkansas Nuclear One Entergy Operations, Inc.

1448 S.R. 333 Russellville, AR 72802

SUBJECT:

ARKANSAS NUCLEAR ONE, UNIT 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME3678)

Dear Sir or Madam:

By letter dated June 23, 2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML102000199), you submitted an affidavit dated June 3, 2010, executed by Mr. J. A. Gresham of Westinghouse Electric Company LLC, requesting that the information contained in the following document (included to the letter as Attachment 2) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

CN-OA-08-16, Revision 0, "ANO-2 Fuel Handling Accident Dose Analysis Using Alternative Source Terms," dated October 17, 2008 The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure because this information has substantial commercial value that gives Westinghouse competitive advantage over its competitors, disclosure would jeopardize its competitive position, and for the following reasons:

(a) These are Westinghouse internal calculation notes. The contents and form are as such proprietary and provided to NRC [Nuclear Regulatory Commission] to aid in their review of Entergy's License Amendment Request.

(b) Its use by a competitor would improve his competitive position in the design and licensing of a similar product.

(c) The information requested to be withheld reveals the distinguishing aspects of a methodology which was developed by Westinghouse.

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 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, please contact me at (301) 415-1480 or bye-mail at kaly.kalyanam@nrc.gov.

Sincerely, N. Kaly Kalyanam, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-368 cc: Distribution via Listserv J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P.O. Box 355 Pittsburgh, PA 15230-0355

- 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 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, please contact me at (301) 415-1480 or bye-mail at kaly.kalyanam@nrc.gov.

Sincerely, Ira!

N. Kaly Kalyanam, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-368 cc: Distribution via Listserv J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC Nuclear Services P.O. Box 355 Pittsburgh, PA 15230-0355 DISTRIBUTION:

PUBLIC LPLIV Reading RidsAcrsAcnw_MailCTR Resource RidsNrrDraAadb Resource RidsNrrDorlLpl4 Resource RidsNrrLAJBurkhardt Resource RidsNrrPMANO Resource RidsOgcRp Resource RidsRgn4MailCenter Resource ADAMS Accession No ML101810224 OFFICE NRR/LPL4/PM NRR/LPL4/LA NRR/DRAlAADB NRR/LPL4/BC NRR/LPL4/PM nate for NAME NKalyanam JBurkhardt ABoatright MMarkley NKalyanam DATE 7/29/10 7/9110 7/27/10 7/29/10 7/29/10 OFFICIAL RECORD COpy