ML12031A032

Request for Withholding Proprietary Information from Public Disclosure Related to Extended Power Uprate Technical Report

ML12031A032
Person / Time
Site:	Crystal River
Issue date:	03/26/2012
From:	Siva Lingam Plant Licensing Branch II
To:	Franke J Florida Power Corp
Lingam S
References
TAC ME6527
Download: ML12031A032 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 26, 2012 Mr. Jon A. Franke, Vice President Crystal River Nuclear Plant (NA2C)

ATTN: Supervisor, Licensing & Regulatory Programs 15760 W. Power Line Street Crystal River, Florida 34428-6708

SUBJECT:

CRYSTAL RIVER NUCLEAR PLANT, UNIT NO.3 - REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE RELATED TO EXTENDED POWER UPRATE TECHNICAL REPORT (TAC NO. ME 6527)

Dear Mr. Franke:

By letter dated July 5,2011 (Agencywide Documents Access and Management System Accession No. ML111890297), Florida Power Corporation (the licensee), doing business as Progress Energy Florida, Inc., submitted clarifications for the TRACE confirmatory model development associated with the extended power uprate (EPU) to increase thermal power level from 2609 megawatts (MWt) to 3014 MWt for Crystal River Nuclear Plant, Unit 3 (CR-3). In its letter dated July 5, 2011, the licensee submitted an analytical input summary (AIS) technical report containing an integrated summary for the CR-3 EPU loss of feed water (FW) and FW line break events to support the development of the Nuclear Regulatory Commission (NRC) confirmatory TRACE models used in the review of the CR-3 EPU license amendment, and requested that AREVA NP Incorporated (AREVA NP) proprietary information included in Attachment C of this letter be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390. An affidavit dated June 27, 2011, executed by Gayle F. Elliott of AREVA NP, and included as Attachment B to your letter dated July 5, 2011, was provided requesting that information contained in the following document be withheld from public disclosure pursuant to 10 CFR 2.390:

Attachment C of a letter dated July 5,2011 - Document No. 51-9063671-001, "CR-3 EPU Loss of Feedwater - FW Line Break AIS."

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the reasons specified in the following paragraphs:

6 (b) 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.

6 (c) 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.

J. Franke -2 We have reviewed your letter dated July 5, 2011, and the attached 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 attachment 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 301-415-1564.

Sincerely,

~~.~

Siva P. Lingam, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-302 cc: Ms. Gayle F. Elliott, Manager Product Licensing AREVA NP Inc.

3315 Old Forge Road Lynchburg, VA 24501 Additional Distribution via Listserv

J. Franke -2 We have reviewed your letter dated July 5, 2011, and the attached 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 attachment 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 301-415-1564.

Sincerely, IRA!

Siva P. Lingam, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-302 cc: Ms. Gayle F. Elliott, Manager Product Licensing AREVA NP Inc.

3315 Old Forge Road Lynchburg, VA 24501 Additional Distribution via Listserv DISTRIBUTION:

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DATE 02/03/12 02/03/12 03/15/12 02/03/12 03/23/12 03/26/12 OFFICIAL RECORD COpy