ML14155A177

Request for Withholding Information from Public Disclosure Associated with Affidavit Executed on April 28, 2014, by Mr. Philip A. Opsal of Areva Inc.

ML14155A177
Person / Time
Site:	Monticello
Issue date:	07/08/2014
From:	Beltz T Plant Licensing Branch III
To:	Fili K Northern States Power Co, Xcel Energy
Beltz T
References
TAC MF2479
Download: ML14155A177 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 8, 2014 Karen D. Fili Site Vice President Northern States Power Company - Minnesota Monticello Nuclear Generating Plant 2807 West County Road 75 Monticello, MN 55362

SUBJECT:

MONTICELLO NUCLEAR GENERATING PLANT (MNGP) -REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MF2479)

Dear Mrs. Fili:

By letter to the U.S. Nuclear Regulatory Commission dated July 15, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13200A185),

Northern States Power Company, a Minnesota corporation (NSPM), doing business as Xcel Energy, submitted a license amendment request application to allow operation using AREVA Atrium 1OXM fuel.

In a letter dated May 9, 2014 (ADAMS Package Accession No. ML14132A191), NSPM submitted to NRC errata discovered in its July 15, 2013, application. These errata were identified by AREVA engineers revising and revalidating the safety analyses for the Extended Flow Window license amendment request which NSPM plans to submit in 2014. The letter included, as Enclosure 3, an affidavit dated April 28, 2014, executed by Philip A. Opsal, Manager, Product Licensing, for AREVA Inc., requesting that information designated proprietary in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (1 0 CFR), Part 2, Section 2.390. of the May 9, 2014, letter provides the corrections to AREVA reports that were included in the July 15, 2013, application. The affidavit stated that information submitted in should be considered exempt from mandatory public disclosure for the following reasons:

a. 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.

b. The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for AREVA in product optimization or marketability.

We have reviewed the AREVA affidavit in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the information sought to be withheld in the submittal, contains proprietary commercial information and should be

K. Fili 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. of the May 9, 2014, letter provides non-proprietary corrections to AREVA reports included in the July 15, 2013, application, and have been placed in the NRC's Public Document Room and added to the NRC Library at ADAMS Accession No. ML14132A197.

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) 415-3049.

Docket No. 50-263 cc: Mr. Alan Meginnis, Manager Product Licensing AREVA Inc.

2101 Horn Rapids Road Richland, WA 99354 Additional Distribution via Listserv

ML14132A197.

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) 415-3049.

Sincerely, IRA/

Terry A. Beltz, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263 cc: Mr. Alan Meginnis, Manager Product Licensing AREVA Inc.

2101 Horn Rapids Road Richland, WA 99354 Additional Distribution via Listserv DISTRIBUTION:

PUBLIC RidsNrrLAMHenderson Resource RidsRgn3MaiiCenter Resource LPL3-1 Reading RidsNrrDssSrxb Resource BParks, NRR/DSS/SRXB RidsAcrsAcnw_MaiiCTR Resource RidsNrrDssSnpb Resource MPanicker, NRR/DSS/SNPB RidsNrrDorllpl3-1 Resource RidsNrrPMMonticello Resource ADAMS Accession No.: ML14155A177 OFFICE LPL3-1/PM LPL3-1/LA SRXB/BC SNPB/BC (A) LPL3-1/BC LPL3-1/PM NAME TBeltz MHenderson CJackson JDean RCa rison TBeltz DATE 06/5/14 06/12/14 06/24/14 06/27/14 07/3/14 07/8/14