ML103010383

Request for Withholding Information from Public Disclosure Transition to Areva Fuel

ML103010383
Person / Time
Site:	Calvert Cliffs
Issue date:	02/17/2011
From:	Pickett D Plant Licensing Branch 1
To:	George Gellrich Calvert Cliffs
pickett , NRR/DORL, 415-1364
References
TAC ME2832, TAC ME2831
Download: ML103010383 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 17, 2011 Mr. George H. Gellrich, Vice President Calvert Cliffs Nuclear Power Plant, LLC Calvert Cliffs Nuclear Power Plant 1650 Calvert Cliffs Parkway Lusby, MD 20657-4702

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE RE: TRANSITION TO AREVA FUEL - CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT NOS. 1 AND 2 (TAC NOS. ME2831 AND ME2832)

Dear Mr. Gellrich:

By letters dated August 9, October 29, November 19, December 30,2010, and January 14 and February 11,2011, you submitted affidavits executed by Ms. Gayle F. Elliott, Manager, Product Licensing, AREVA NP Inc. You requested that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

Attachment (1), "Request for Additional Information Re: Realistic Large Break Loss-of-Coolant Accident (Proprietary Version)," to the letter dated August 9, 2010, from Mr. George H. Gellrich, Vice President, Calvert Cliffs Nuclear Power Plant, LLC, "Response to Request for Additional Information - Proposed Transition from Westinghouse to AREVA Nuclear FueL" Attachment (1), "Proprietary Supplement to License Amendment Request: Transition to AREVA Nuclear Fuel," to the letter dated October 29, 2010, from Mr. George H. Gellrich, Vice President, Calvert Cliffs Nuclear Power Plant, LLC, "Supplement to the License Amendment Request: Transition from Westinghouse Nuclear Fuel to AREVA Nuclear FueL" Attachment (1), "Proprietary Supplement to License Amendment Request: Transition to AREVA Nuclear Fuel," to the letter dated November 19, 2010, from Mr. George H.

Gellrich, Vice President, Calvert Cliffs Nuclear Power Plant, LLC, "Supplement to the License Amendment Request: Transition from Westinghouse Nuclear Fuel to AREVA Nuclear FueL" Attachment (1), "Proprietary Supplement to License Amendment Request: Transition to AREVA Nuclear Fuel," to the letter dated December 30, 2010, from Mr. George H.

Gellrich, Vice President, Calvert Cliffs Nuclear Power Plant, LLC, "Supplement to the License Amendment Request: Transition from Westinghouse Nuclear Fuel to AREVA Nuclear Fuel:

Attachment (1), "Proprietary Supplement to License Amendment Request: Transition to AREVA Nuclear Fuel," to the letter dated January 14, 2011, from Mr. Thomas E.

Trepanier, Plant General Manager, Calvert Cliffs Nuclear Power Plant, LLC,

G. Gellrich -2 "Supplement to the License Amendment Request: Transition from Westinghouse Nuclear Fuel to AREVA Nuclear Fuel."

Attachment (1), "Proprietary Supplemental Information," to the letter dated February 11, 2011, from Mr. Thomas E. Trepanier, Plant General Manager, Calvert Cliffs Nuclear Power Plant, LLC, "Supplement to License Amendment Request: Transition from Westinghouse Nuclear Fuel to AREVA Nuclear Fuel."

The affidavits stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

• 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.

• 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.

• The information is vital to a competitive advantage held by AREVA NP, would be helpful to competitors to AREVA NP, and would likely cause substantial harm to the competitive position of AREVA NP.

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

Therefore, the versions 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 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 Nuclear Regulatory Commission (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.

G. Gellrich -3 A nonproprietary copy of the documents has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

If you have any questions regarding this matter, I may be reached at 301-415-1364.

Sincerely, Douglas V. Pickett, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-317 and 50-318 cc: Gayle F. Elliott, Manager, Product Licensing AREVA NP Inc.

P.O. Box 11646 Lynchburg, VA 24506 Additional Distribution via Listserv

ML103010383 LPL1-1/LA SRXB/BC LPL1-1/BC SUttle AUlses NSalgado 02/16/11 02/15/11 02/17/11 02/17/11