ML17039A655

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Request for Withholding Information from Public Disclosure - 12/13/16 Affidavit Executed by G. Elliott, Areva Np; Calculation FC08513; Exemption Request to Reduce Emergency Planning Requirements for Permanently Defueled Condition
ML17039A655
Person / Time
Site: Fort Calhoun Omaha Public Power District icon.png
Issue date: 03/03/2017
From: James Kim
Special Projects and Process Branch
To: Fisher M
Omaha Public Power District
Kim J
References
CAC MF9067
Download: ML17039A655 (3)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 3, 2017 Ms. Mary J. Fisher Senior Director for Decommissioning Omaha Public Power District Fort Calhoun Station 9610 Power Lane, Mail Stop FC-2-4 Blair, NE 68008

SUBJECT:

FORT CALHOUN STATION, UNIT NO. 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAC NO. MF9067)

Dear Ms. Fisher:

By letter dated December 16, 2016 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML16356A578), Omaha Public Power District (OPPD, the licensee),

submitted an affidavit executed by Gayle Elliott, AREVA NP Inc. (AREVA NP), dated December 13, 2016, requesting that information contained in the following document be withheld from public disclosure pursuant to Title 1O of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

Calculation FC08513, "EAB Radiation Shine Dose 18 Months Post Shutdown with the SFP Drained," without Attachment E2 (Proprietary)

The information is included in Attachment 3 to OPPD's letter dated December 16, 2016. A nonproprietary version of Calculation FC08513 is included in Attachment 4 to OPPD's letter dated December 16, 2016.

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 NP.
d. The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for AREVA NP in product optimization or marketability.
e. The information is vital to a competitive advantage held by AREVA NP, would be helpful to competitors to AREVA NP, and would likely cause substantial harm to the competitive position of AREVA NP.

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

M. Fisher 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 document. 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 (NRG). You also should understand that the NRG 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 NRG makes a determination adverse to the above, you will be notified in advance of any public disclosure.

If you have any questions, please contact me at (301) 415-4125 or by e-mail at James.Kim@nrc.gov.

Sincerely, James Kim, Project Manager Special Projects and Process Branch Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-285 cc: Gayle Elliot Deputy Director, Licensing &

Regulatory Affairs AREVA NP Inc.

3315 Old Forest Road Lynchburg, VA 24501 Listserv

ML17039A655 OFFICE NRR/DORL/LSPB/PM NRR/DORL/LSPB/LA NRR/DRA/ARCB/BC NAME JKim JBurkhardt US hoop DATE 02/28/17 02/27/17 03/02/17 OFFICE NRR/DORL/LSPB/BC NRR/DORL/LSPB/PM NAME DBroaddus (EBrown for) JKim DATE 03/03/17 03/03/17