ML15043A223

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Request for Withholding Information from Public Disclosure, 1/15/2015 Affidavit Executed by P. Opsal, Areva, Inc. Response to Relief Request 52 Request for Additional Information
ML15043A223
Person / Time
Site: Palo Verde Arizona Public Service icon.png
Issue date: 03/09/2015
From: Balwant Singal
Plant Licensing Branch IV
To: Edington R
Arizona Public Service Co
Singal B
References
TAC MF4169
Download: ML15043A223 (3)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Randall K. Edington Executive Vice President Nuclear/

Chief Nuclear Officer Mail Station 7602 Arizona Public Service Company P.O. Box 52034 Phoenix, AZ 85072-2034 March 9, 2015

SUBJECT:

PALO VERDE NUCLEAR GENERATING STATION, UNIT 3-REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MF4169)

Dear Mr. Edington:

By letter dated January 29, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML15037A048), Arizona Public Service Company (APS, the licensee) submitted an affidavit dated January 15, 2015, executed by Mr. Philip A. Opsal, Manager of Product Licensing at AREVA Inc. The affidavit requested that the information contained in the following document submitted by letter dated January 16, 2015 (ADAMS Accession No. ML15023A049), be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

Enclosure - Response to Relief Request 52 Request for Additional Information (Proprietary Version)

A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the NRC Library in ADAMS under Accession No. ML15023A039.

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

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.

d)

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.

e)

The information is vital to a competitive advantage held by AREVA, would be helpful to competitors to AREVA, and would likely cause substantial harm to the competitive position of AREVA.

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 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 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) 415-3016 or via e-mail at Balwant.Singal@nrc.gov.

Docket No. 50-530 cc:

Mr. Philip A. Opsal Manager, Product Licensing AREVA NP Inc.

3315 Old Forest Road Lynchburg, VA 24501 Additional distribution via Listserv Sincerely,

~~1~~

Balwant K. Singal, Senior Project Manager Plant Licensing Branch IV-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

ML15043A223 OFFICE NRR/DORL/LPL4-1 /PM NAME MWatford DATE 2/11/15 OFFICE NRR/DE/EVIB/BC NAME SRosenberg (SSheng for)

DATE 2/23/15 RidsNrrDorllpl4-1 Resource RidsNrrLAJBurkhardt Resource RidsNrrPMPaloVerde Resource RidsRgn4MailCenter Resource NRR/DORL/LPL4-1 /PM NRR/DORL/LPL4-1/LA BSingal JBurkhardt 2/20/15 2/13/15 NRR/DORL/LPL4-1 /BC(A)

N RR/DORL/LPL4-1 /PM EOesterle BSingal 3/3/15 3/9/15