ML072570210

Withholding from Public Disclosure, Areva Report ANP-2638(P): Applicability of Areva Np BWR Methods to Extended Power Uprate Conditions, Dated July 2007 (Tac. MD4061 and MD4062)

ML072570210
Person / Time
Site:	Brunswick
Issue date:	11/09/2007
From:	Bailey S N NRC/NRR/ADRO/DORL/LPLII-2
To:	Scarola J Carolina Power & Light Co
Vaaler, Marlayna, NRR/DORL 415-3178
References
TAC MD4061, TAC MD4062
Download: ML072570210 (4)

Text

November 9, 2007 Mr. James Scarola, Vice President Brunswick Steam Electric Plant Carolina Power & Light Company Post Office Box 10429 Southport, North Carolina 28461

SUBJECT:

PROGRESS ENERGY CAROLINAS, INC. - REQUEST FOR WITHHOLDING OF PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE FOR BRUNSWICK STEAM ELECTRIC PLANT, UNIT NOS. 1 AND 2 (TAC NOS. MD4061 AND MD4062)

Dear Mr. Scarola:

By letter dated July 31, 2007, you submitted an affidavit dated July, 20 2007, executed by Jerald S. Holm, Manager of Product Licensing for AREVA NP, Inc., 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:

AREVA Report ANP-2638(P): "Applicability of AREVA NP BWR Methods to Extended Power Uprate Conditions," dated July 2007.

A nonproprietary copy of this document has been placed in the U.S. Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room.

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

(a) 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.

(b) 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.

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.

J. Scarola 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, I may be reached at 301-415-1321.

Sincerely,

/RA Stewart N. Bailey, Senior Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-325 and 50-324 cc: See next page

J. Scarola 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, I may be reached at 301-415-1321.

Sincerely, /RA/ Stewart N. Bailey, Senior Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-325 and 50-324 cc: See next page

DISTRIBUTION

PUBLIC LPL2-2 R/F RidsNrrPMSBailey RidsNrrLABClayton RidsNrrDorlLpl2-2 RidsNrrDssSrsb RidsOgcRp RidsAcrsAcnwMailCenter RidsRgn2MailCenter MVaaler ADAMS Accession Number: ML072570210 NRR-084 OFFICE LPL2-2 LPL2-2/PM LPL2-2/LA SRSB/BC LPL2-2/BC NAME MVaaler SBailey BClayton GCranston EMarinos for TBoyce DATE 09/14/07 11/09/07 09/15/07 10/22/07 11/09/07 OFFICIAL RECORD COPY Mr. James Scarola Brunswick Steam Electric Plant, Carolina Power & Light Company Units 1 and 2 cc: David T. Conley Associate General Counsel II - Legal Department Progress Energy Service Company, LLC Post Office Box 1551 Raleigh, North Carolina 27602-1551

Mr. David R. Sandifer, Chairperson Brunswick County Board of Commissioners Post Office Box 249 Bolivia, North Carolina 28422 Resident Inspector U. S. Nuclear Regulatory Commission 8470 River Road Southport, North Carolina 28461 Mr. John H. O'Neill, Jr.

Pillsbury Winthrop Shaw Pittman, LLP 2300 N Street NW. Washington, DC 20037-1128 Ms. Beverly Hall, Section Chief Division of Radiation Protection N.C. Department of Environment and Natural Resources 3825 Barrett Dr. Raleigh, North Carolina 27609-7721

Mr. Terry D. Hobbs Plant General Manager Brunswick Steam Electric Plant Carolina Power & Light Company Post Office Box 10429 Southport, North Carolina 28461-0429 Public Service Commission State of South Carolina Post Office Drawer 11649 Columbia, South Carolina 29211

Ms. Margaret A. Force Assistant Attorney General State of North Carolina Post Office Box 629 Raleigh, North Carolina 27602 Mr. Robert P. Gruber Executive Director Public Staff - NCUC 4326 Mail Service Center Raleigh, North Carolina 27699-4326

Ben Waldrep Director, Site Operations Brunswick Steam Electric Plant Carolina Power & Light Company Post Office Box 10429 Southport, North Carolina 28461-0429

Mr. Norman R. Holden, Mayor City of Southport 201 East Moore Street Southport, North Carolina 28461

Mr. Warren Lee Emergency Management Director New Hanover County Department of Emergency Management Post Office Box 1525 Wilmington, North Carolina 28402-1525 Mr. J. Paul Fulford Manager, Performance Evaluation and Regulatory Affairs PEB5 Carolina Power & Light Company Post Office Box 1551 Raleigh, North Carolina 27602-1551 Mr. Randy C. Ivey Manager - Support Services Brunswick Steam Electric Plant Carolina Power & Light Company Post Office Box 10429 Southport, North Carolina 28461