ML102740006

Global Nuclear Fuels - Americas, Request for Withholding Information from Public Disclosure for Hatch Nuclear Plant, Unit 2

ML102740006
Person / Time
Site:	Hatch
Issue date:	10/18/2010
From:	Martin R Plant Licensing Branch II
To:	Lingenfelter A Global Nuclear Fuel - Americas
Martin R, NRR/DORL, 415-1493
References
TAC ME3946
Download: ML102740006 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 18, 2010 Andrew A. Lingenfelter Global Nuclear Fuel - Americas P.O. Box 780, MIC A55 Wilmington, NC 28402-0780 SUB..IECT: GLOBAL NUCLEAR FUELS - AMERICAS (GNF), REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR HATCH NUCLEAR PLANT, UNIT 2 (TAC NO. ME3946)

Dear Mr. Lingenfelter:

By letter dated May 12, 2010, the Southern Nuclear Operating Company (SNC), submitted three affidavits dated March 26, 2010, executed by you, requesting that the information contained in the following three documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

GNF-0000-0114-0175P, "Technical Basis Supporting GNF-Ziron Lead Test Assembly Introduction into the Hatch Unit 2 Nuclear Plant," March 2010.

GNF-0000-0101-6839P, "GNF-Ziron Basic Characteristics and Properties," March 2010.

GNF-0000-0113-8604P, "GNF-Ziron Performance Benefits and Licensing Requirements Assessment," March 2010.

Non-proprietary versions of these three reports were also included with SNC's letter of May 10, 2010. The nonproprietary versions of these three reports has been placed in the U.S. 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:

(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 GNF-A andlor other companies.

(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.

A. Lingenfelter -2 We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

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 301-415-1493.

Sincerely,

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~~artin, II I Senior Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-366 cc: Distribution via ListServ

• ML102740006 OFFICE NRR/LPL2-1/PM NRR/LPL3-1/LA NRR/DSS/SNPB/BC NRR/LPL2-1/BC NAME RMartin SRohrer AMendiola GKulesa DATE 1017/10 10/18/10 10107/10 10/18/10