ML15189A056

Proprietary Letter Areva Material Jan 13, 2015

ML15189A056
Person / Time
Site:	Davis Besse
Issue date:	07/13/2015
From:	Plasse R License Renewal Projects Branch 1
To:	Lieb R FirstEnergy Nuclear Operating Co
Plasse R,NRR/DLR, 415-1427
References
DLR-15-0341, TAC ME4640
Download: ML15189A056 (4)

Text

B. Allen UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 13, 2015 Mr. Raymond Lieb, Vice President Davis Besse Nuclear Power Station FirstEnergy Nuclear Operating Company 5501 N. State Route 2 Oak Harbor, OH 43449

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME4640)

Dear Mr. Lieb:

By letter dated April 21, 2015, Agencywide Documents Access and Management System (ADAMS) Accession No. ML15113B132, you submitted an affidavit dated January 13, 2015, executed by Gayle Elliott of AREVA NP Inc. (AREVA), requesting 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:

• Enclosure E to Letter L-15-139, Enclosure E, Davis-Besse Nuclear Power Station, Unit No. 1 (Davis-Besse), Letter L-15-139, AREVA NP Report No. ANP-3359P Revision 0, Davis-Besse Reactor Vessel Internals License Renewal Scope and MRP-189, Revision 1 Comparison (Proprietary)

A nonproprietary version of this document is located in the letter (Enclosure C of this letter, ADAMS Accession No. ML15113B134).

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

• The information is identified as proprietary because it includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for AREVA.

• Public disclosure of this information is likely to reveal 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.

• The information which 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

R. Lieb submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, Enclosure E 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 U.S. 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 regarding this matter, I may be reached at 301-415-1427 or e-mail Richard.Plasse@nrc.gov.

Sincerely,

/RA/

Richard.Plasse, Project Manager Projects Branch 1 Division of License Renewal Office of Nuclear Reactor Regulation Docket No. 50-346 cc: Listserv

R. Lieb submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, Enclosure E 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 U.S. 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 regarding this matter, I may be reached at 301-415-1427 or e-mail Richard.Plasse@nrc.gov.

Sincerely,

/RA/

Richard.Plasse, Project Manager Projects Branch 1 Division of License Renewal Office of Nuclear Reactor Regulation Docket No. 50-346 cc: Listserv DISTRIBUTION:

See next page Accession No. ML15189A056

• Concurred via e-mail OFFICE LA:DLR PM:RPB1:DLR BC:RPB1:DLR PM:RPB1:DLR NAME YEdmonds RPlasse YDiaz-Sanabria RPlasse DATE 7/ 9 /15 7/ 13 /15 7/ 13 /15 7/ 13 /15 OFFICIAL RECORD COPY

Letter to R. Lieb from R. Plasse dated July 13, 2015

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME4640)

DISTRIBUTION:

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