ML15197A339

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Request for Withholding Proprietary Information from Public Disclosure for the License Amendment Request and Exemption Request Regarding the Transitioning to Areva Fuel
ML15197A339
Person / Time
Site: Saint Lucie NextEra Energy icon.png
Issue date: 08/31/2015
From: Farideh Saba
Plant Licensing Branch II
To: Nazar M
Nextera Energy
Gladney R, NRR/DORL/LPL1-2, 415-1022
References
TAC MF5494, TAC MF5495
Download: ML15197A339 (4)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 31, 2015 Mr. Mano Nazar President and Chief Nuclear Officer Nuclear Division NextEra Energy P.O. Box 14000 Juno Beach, FL 33408-0420

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR THE ST. LUCIE PLANT, UNIT NO. 2 (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 submitted an affidavit dated December 1, 2014, executed by Alan B. Meginnis, on behalf of AREVA Inc., requesting that information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.390:

ANP-3352P Revision 0, "St. Lucie Unit 2 Fuel Transition License Amendment Request, Technical Report, dated December 2014 ANP-3347P Revision 0, "St. Lucie Unit 2 Fuel Transition Chapter 15 Non-LOCA

[Loss-of-Coolant Accident] Summary Report," dated December 2014 ANP-3346P Revision 0, "St. Lucie Unit 2 Fuel Transition Realistic Large Break LOCA Summary Report," dated December 2014 Non-proprietary versions of the affidavit and the reports are publicly available under ADAMS Accession Nos. ML15002A091 and ML15002A092, respectively.

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

6.(b) Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.

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.

M. Nazar 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.

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 information marked as proprietary that was included with the December 30, 2014, 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.

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

Sincerely, Farideh E. Saba, Senior Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-389 cc: Mr. Alan B. Meginnis Manager, Product Licensing AREVA Inc.

2101 Horn Rapids Road, RC36 Richland, WA 99354 Mr. Joseph Jensen Site Vice President Florida Power & Light Company 6501 S. Ocean Drive Jensen Beach, FL 34957 Additional Distribution via Listserv

ML15197A339 OFFICE DORL/LPL 1-2/PM DORL/LPL2-2/LA DSS/SRXB/BC DSS/SNPB/BC BClayton NAME RGladnev (LRonewicz for) CJackson JDean DATE 8/3/15 8/3/15 8/14/15 8/20/15 OFFICE DORL/LPL2-2/BC DORL/LPL2-2/PM FSaba NAME SHelton (JLamb for)

DATE 8/28/15 8/31/15