ML12314A049

Request for Withholding Information from Public Disclosure, Affidavit Dated 8/16/12, Executed by J. Gresham of Westinghouse Electric Company LLC, Re CN-MRCDA-12-27

ML12314A049
Person / Time
Site:	Arkansas Nuclear
Issue date:	12/11/2012
From:	Kalyanam N Plant Licensing Branch IV
To:	Entergy Operations
Kalyanam N
References
TAC ME7646
Download: ML12314A049 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 11, 2012 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. ME7646)

Dear Sir or Madam:

By letter dated September 10, 2012 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML12255A386), Entergy Operations, Inc., submitted a response to the second U.S. Nuclear Regulatory Commission (NRC) Request for Additional Information relating to the licensee's request to use alternative ASME Code Case N-770-1 Baseline Examination, Request for Alternative AN02-ISI-007. This submittal included an affidavit dated August 16, 2012, executed by J. A. Gresham of Westinghouse Electric Company LLC, which requested that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

CN-MRCDA-12-27, "ANO-2 PWSCC Analysis for RCP Dissimilar Metal Welds" (Proprietary)

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

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

Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar technical evaluation justifications and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentations without purchasing the right to use the information.

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.

Therefore, the calculation note CN-MRCDA-12-27. "ANO-2 PWSCC Analysis for RCP Dissimilar Metal Welds" 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.

- 2 Therefore, the calculation note CN-MRCDA-12-27, "ANO-2 PWSCC Analysis for RCP Dissimilar Metal Welds" 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) 415-1480 or by e-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: J.A. Gresham Regulatory Compliance Westinghouse Electric Company 1000 Westinghouse Drive Cranberry Township, PA 16066 Additional distribution via Listserv

-2 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) 415-1480 or by e-mail at kaly.kalyanam@nrc.gov.

Sincerely, IRAJ N. Kaly Kalyanam, Project Manager Plant Licensing Branch IV Division of Operating Reactor licensing Office of Nuclear Reactor Regulation Docket No. 50-368 cc: J.A. Gresham Regulatory Compliance Westinghouse Electric Company 1000 Westinghouse Drive Cranberry Township, PA 16066 Additional distribution via Listserv DISTRIBUTION:

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DATE 12/04/12 12/6112 11108112 OFFIC NAME anam DATE OFFICIAL RECORD COpy