ML16008A169

Request for Withholding Information from Public Disclosure for the St. Lucie Plant, Unit No. 2

ML16008A169
Person / Time
Site:	Saint Lucie
Issue date:	01/14/2016
From:	Perry Buckberg Plant Licensing Branch II
To:	Nazar M Nextera Energy
Gladney R, NRR/DORL/LPLI-2
References
CAC MF5494, CAC MF5495
Download: ML16008A169 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 14, 2016 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 (CAC NOS. MF5494 AND MF5495)

Dear Mr. Nazar:

By letter dated December 8, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML15356A184), Florida Power & Light Company (the licensee) submitted the following two affidavits:

(1) Affidavit dated December 4, 2015, executed by Nathan E. Hottle, on behalf of AREVA Inc. (AREVA); and (2) Affidavit dated November 30, 2015, executed by Nathan E. Hottle, on behalf of AREVA.

The first affidavit, dated December 4, 2015, requested 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-3456P, Revision 0, "Response to SLU2 [St. Lucie Plant, Unit No. 2) NRC [Nuclear Regulatory Commission] SNPB [Nuclear Performance and Code Review Branch] RAI

[Request for Additional lnformation]-9," dated December 2015.

The affidavit and the non-proprietary version of the report are publicly available under ADAMS Accession Nos. ML15356A184 and ML15356A185, respectively.

The December 4, 2015, affidavit stated that the submitted information should be considered exempt from mandatory public disclosure pursuant to 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.

M. Nazar The second affidavit, dated November 30, 2015, requested that information contained in the following document (which is a revision to ANP-3352P, Revision 0, provided with the licensee letter dated December 30, 2014 (ADAMS Accession No. ML15002A091)), be withheld from public disclosure pursuant to 10 CFR Section 2.390:

ANP-3352P, Revision 1, "St. Lucie Unit 2 Fuel Transition License Amendment Request Technical Report," dated November 2015.

The affidavit and the non-proprietary version of the report are publicly available under ADAMS Accession Nos. ML15356A185 and ML15356A186, respectively.

The November 30, 2015, affidavit stated that the submitted information should be considered exempt from mandatory public disclosure pursuant to 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.

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 affidavits, 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 8, 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.

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

Perry H. Buckberg, Senior Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-389 cc: Mr. Nathan E. Hottle Manager, Product Licensing AREVA Inc.

P.O. Box 10935 Lynchburg, VA 24506-0935 Additional Distribution via Listserv

ML16008A169 OFFICE NRR/DORL/LPLl-2/PM N RR/DORL/LP LI 1-2/LA N RR/DSS/SRXB/BC NAME RGladnev (LRonewicz for) BClayton CJackson DATE 1/08/2016 1/08/2016 1/12/2016 OFFICE NRR/DSS/SNPB/BC N RR/DORL/LP LI 1-2/BC NRR/DORL/LPLll-2/PM NAME JDean (RSchaaf for) BBeaslev (RG/adney for) PBuckberg DATE 1/11/2016 1/14/2016 1/14/2016