ML15091A377

Request for Withholding Proprietary Information from Public Disclosure for the License Amendment Request and Exemption Request Regarding the Transitioning to Areva Fuel

ML15091A377
Person / Time
Site:	Saint Lucie
Issue date:	08/11/2015
From:	Farideh Saba Plant Licensing Branch II
To:	Nazar M Florida Power & Light Co
Saba F DORL/LPL2-2 301-415-1447
References
TAC MF5494, TAC MF5495
Download: ML15091A377 (4)

Text

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Mr. Mano Nazar President and Chief Nuclear Officer Nuclear Division NextEra Energy P.O. Box 14000 Juno Beach, FL 33408-0420 August 11, 2015

SUBJECT:

ST. LUCIE PLANT, UNIT NO. 2 - REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION FROM P.UBLIC DISCLOSURE FOR THE LICENSE AMENDMENT REQUEST AND EXEMPTION REQUEST REGARDING THE TRANSITIONING TO AREVA FUEL (TAC NOS. MF5494 AND MF5495)

Dear Mr. Nazar:

By letter dated December 30, 2014 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML15002A091 ), Florida Power & Light Company (the licensee) submitted an affidavit dated December 1, 2014, executed by Alan B. Meginnis, on behalf of AREVA Inc.,

requesting that information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.390:

ANP-3345P, Revision 0, "St. Lucie Unit 2 Fuel Transition Small Break LOCA

[loss-of-coolant accident] Summary Report," dated December 2014.

Non-proprietary versions of the affidavit and the report are publicly available under ADAMS Accession Nos. ML15002A091 and ML15002A092, respectively.

The U.S. Nuclear Regulatory Commission (NRC) staff informed the licensee that part of ANP-3345P that was marked as proprietary did not meet the 1 O CFR 2.390 criteria for being withheld from public disclosure. The licensee indicated that it would be revised and resubmitted.

By letter dated June 18, 2015 (ADAMS Accession No. ML15181A290), the licensee submitted a revision of ANP-3345P. With this letter, the licensee submitted an affidavit dated June 4, 2015, executed by Gayle Elliott, on behalf of AREVA Inc., requesting that information contained in the following document be withh~ld from public disclosure pursuant to 10 CFR, Section 2.390:

ANP-3345P, Revision 1, "St. Lucie Unit 2 Fuel Transition Small Break LOCA Summary Report," dated June 2015.

The June 4, 2015, affidavit stated that the submitted information should be considered exempt from mandatory public disclosure per 10 CFR 2.390(a)(4) for the following reasons:

(6.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.

(6.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.

(6.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.

Non-proprietary versions of the affidavit and the report are publicly available under ADAMS Accession Nos. ML15181A290 and ML15181A291, respectively.

The NRC staff has reviewed the information provided with the June 18, 2015, letter in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the June 4, 2015, affidavit, has determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the information marked as proprietary that was included with the June 18, 2015, letter 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.

Please direct any inquiries to Robert L. Gladney at 301-415-1022 or Robert.Gladney@nrc.gov.

Docket No. 50-389 cc:

Mr. Alan B. Meginnis Manager, Product Licensing AREVA Inc.

2101 Horn Rapids Road, RC36 Richland, WA 99354 Ms. Gayle Elliott Manager, Product Licensing AREVA NP, Inc.

3315 Old Forest Road, OF-16 Lynchburg, VA 24501 Additional Distribution via Listserv Sincerely, Farideh E. Saba, Senior Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

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ML15091A377 OFFICE DORULPL 1-2/PM DORULPL2-2/LA DSS/SRXB/BC DSS/SNPB/BC NAME RGladnev BClavton CJackson JDean DATE 7/22/15 7/22/15 7/22/15 7/22/15 OFFICE DORULPL2-2/BC DORULPL2-2/PM NAME SHelton FSaba RG/adnev for DATE 8/09/15 8/11/15