ML12053A231

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

ML12053A231
Person / Time
Site:	Crystal River
Issue date:	03/02/2012
From:	Siva Lingam Plant Licensing Branch II
To:	Franke J Progress Energy Carolinas
Lingam S
References
TAC ME6527
Download: ML12053A231 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 March 2,2012 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. ME6527)

Dear Mr. Franke:

By letter dated June 15, 2011, as supplemented by letters dated July 5, 2011; August 11, 2011 (two letters); August 18 and 25, 2011; October 11 and 25, 2011; December 15, 2011 (two letters); December 21, 2011; January 5, 2012 (two letters); January 19, 2012 (two letters); and January 31, 2012; Florida Power Corporation, doing business as Progress Energy Florida, Inc.,

submitted a license amendment request for an extended power uprate to increase thermal power level from 2609 megawatts thermal (MWt) to 3014 MWt for Crystal River Unit 3 Nuclear Generating Plant. In your letter dated January 31, 2012, you requested that Sections 2.8.1, "Fuel System Design," and 2.8.3, "Thermal and Hydraulic Design" contained in Attachment 5, "Crystal River Unit 3 Extended Power Uprate Technical Report" of your letter dated June 15, 2011, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations, Part 2, Section 2.390 (10 CFR 2.390). An affidavit dated January 26,2012, executed by Gayle F. Elliott of AREVA NP, and included as Attachment A to your letter dated January 31,2012, was provided requesting that information contained in the following document be withheld from public disclosure pursuant to 10 CFR 2.390:

Sections 2.8.1 and 2.8.3 contained in Attachment 5 of your letter dated June 15, 2011.

A nonproprietary copy of these Sections 2.8.1 and 2.8.3, contained in Attachment 7 of your letter dated June 15, 2011, 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 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 June 15, 2011, as supplemented by letters dated July 5, 2011; August 11, 2011 (two letters); August 18 and 25, 2011; October 11 and 25, 2011; December 15, 2011 (two letters); December 21, 2011; January 5, 2012 (two letters);

January 19, 2012 (two letters); and January 31,2012, 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, Attachment 5 of the submitted information on June 15, 2011, and January 31,2012, containing proprietary information in Sections 2.8.1 and 2.8.3 will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(b) ofthe Atomic Energy Act of 1954, as amended. Attachment 7 of the submitted information on June 15, 2011, and January 31,2012, containing nonproprietary information, has been made available to the public.

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

' ML12053A231 OFFICE LPL2-2/PM LPL2-2/LA DSS/SNPB/BC DSS/SRXB/BC DORULPL2-21BC LPL2-21PM NAME SLingam BClayton AMendiola AUlses DBroaddus  ! SLingam (FSaba for)

DATE 02/23112 02/23/12 02/08/12 02/26/12 03/02/12 03/02/12