ML14295A350

Request for Withholding Information from Public Disclosure - 8/7/14 Areva, Inc. Submittal with Affidavit Executed by Gayle F. Elliott Related to Areva Document No. 32-9053350-000, Dated August 2008

ML14295A350
Person / Time
Site:	Vermont Yankee
Issue date:	02/04/2015
From:	James Kim Plant Licensing Branch IV
To:	Salas P AREVA
Kim J
References
TAC MF3068
Download: ML14295A350 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 4, 2015 Pedro Salas, Director Regulatory Affairs AREVA Inc.

3315 Old Forest Road Lynchburg, VA 24501

SUBJECT:

VERMONT YANKEE NUCLEAR POWER STATION- REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MF3068)

Dear Mr. Salas:

By letter dated August 7, 2014, AREVA Inc. (AREVA) submitted an affidavit executed by Ms. Gayle F. Elliott, Manager, Product Licensing, for AREVA in support of a license amendment request for Vermont Yankee Nuclear Power Station to eliminate certain engineered safety features requirements during movement of irradiated fuel.

The affidavit requested that the information contained 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:

AREVA Document 32-9053350-001, "ELISA A Software Package for the Radiological Evaluation of Licensing and Severe Accidents At Light-Water Nuclear Power Plants Based on the Classical and Alternative-Source-Term Methodologies," dated August 2008.

The affidavit from Ms. Elliott of AREVA stated that the submitted information should be considered exempt from mandatory public disclosure in accordance with 10 CFR 2.390(a)(4) for the following reasons:

4.. This Document contains information that is proprietary and confidential to

.... the developer and owner of the ELISA-2 software package. AREVA, Inc.

has secured a license ... [from the developer] for the use of the ELISA-2 software, the said license agreement stipulating that AREAVA "covenants and agrees to preserve the confidentiality of the Licensed Software, supporting manuals and any other information expressly designated by the Licensor as confidential and proprietary and it shall refrain from disclosing such information (other than to such of the Licensee's employees, contractors, contract personnel or consultants as shall use the Licensed Software only in the ordinary conduct of the Licensee's business) in any form, written or machine readable."

Mr. Salas 6. The information for which withholding of proprietary information is made in accordance with 10 CFR 2.390. This information for which withholding from disclosure is requested qualifies under 10 CFR 2.390(a)(4), "Trade secrets and commercial or financial information."

We have reviewed your application and the 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 versions 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 Nuclear Regulatory Commission (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, please contact me at 301-415-4125 or via e-mail at James. Kim@nrc.gov.

Sincerely, James Kim, Project Manager Plant Licensing IV-2 and Decommissioning Transition Branch Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-271 cc: Ms. Gayle F. Elliott, Manager Product Licensing AREVA, Inc.

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

• ML14295A350 OFFICE LPL4-2/PM LPL4-2/LA LPL4-2/LA DSS/SCVB/BC LPL4-2/BC LPL4-2/PM NAME JKim PBiechman KGoldstein RDennig DBroaddus JKim DATE 11/4/114 11/3/14 11/4/14 11/10/14 2/4/15 2/4/15