ML12314A060

Request for Withholding Information from Public Disclosure, Affidavit Dated 9/4/2012, Executed by Marcos Legaspi Herrera of Structural Integrity Associates, Inc. Re Second RAI Response

ML12314A060
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: ML12314A060 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555"()001 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. ML12255A388), 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 September 4, 2012, executed by Marcos Legaspi Herrera of Structural Integrity Associates, Inc., 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:

Response to Second Request for Additional Information - Request for Alternative AN02-ISI-007 Code Case N-770-1 Baseline Examination (Proprietary)

A nonproprietary copy of this document has been placed in the NRC's Public Document Room and added to the NRC Library in ADAMS at Accession No. ML12255A388.

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

a) 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.

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 version 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.

- 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, N. Kaly Kalyanam, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-368 cc: Marcos Legaspi Herrera Vice President Structural Integrity Associates, Inc.

5215 Hellyer Ave. Suite 210 San Jose, CA 95138 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, IRA!

N. Kaly Kalyanam, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-368 cc: Marcos Legaspi Herrera Vice President Structural Integrity Associates, Inc.

5215 Hellyer Ave. Suite 210 San Jose, CA 95138 Additional distribution via Listserv DISTRIBUTION:

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