ML17032A390

Request for Withholding Information from Public Disclosure

ML17032A390
Person / Time
Site:	Arkansas Nuclear
Issue date:	02/16/2017
From:	Thomas Wengert Plant Licensing Branch IV
To:	Entergy Operations
Wengert T, NRR/DORL/LPL4, 415-4037
References
CAC MF9068
Download: ML17032A390 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 16, 2017 ANO Site Vice President Arkansas Nuclear One Entergy Operations, Inc.

1448 S.R. 333 Russellville, AR 72802

SUBJECT:

ARKANSAS NUCLEAR ONE, UNIT 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAC NO. MF9068)

Dear Sir or Madam:

By letter dated December 21, 2016 (Agencywide Documents Access and Management System (ADAMS) Accession Package No. ML16365A016), Entergy Operations, Inc. (Entergy, the licensee) submitted an affidavit executed by Gayle Elliott, AREVA Inc. (AREVA), dated October 31, 2016, 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), Part 2, Section 2.390:

ANP-3486P, Revision 0, "MRP-227-A Applicant/Licensee Action Item 6 Analysis for Arkansas Nuclear One Unit 1 (AN0-1)," dated October 2016.

The information is included in Attachment 1 to Entergy's letter dated December 21, 2016. A nonproprietary version of ANP-3486P, Revision 0, designated as Attachment 2 to Entergy's letter dated December 21, 2016, has been placed in the U.S. Nuclear Regulatory Commission's (NRC's) Public Document Room and added to ADAMS in the NRC Library at Accession No. ML16365A027.

The affidavit stated that the information sought to be withheld is considered to be proprietary for the reasons below:

(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 version of 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 regarding this matter, please contact me at (301) 415-4037 or by e-mail at Thomas.Wengert@nrc.gov.

Sincerely,

-Tu~z:J~~

Thomas J. Wengert, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-313 cc: Gayle Elliott Deputy Director, Licensing and Regulatory Affairs AREVA Inc.

3315 Old Forest Road Lynchburg, VA 24501 Additional Distribution via Listserv

ML17032A390 OFFICE NRR/DORULPL4/PM NRR/DORULPL4/LA NRR/DE/EVIB/BC NRR/DORULPL4/BC NRR/DORULPL4/PM NAME TWengert PBlechman DRudland RPascarelli TWengert DATE 2/10/17 2/10/17 2/10/17 2/16/17 2/16/17