ML101190431

Request for Withholding Information from Public Disclosure - Letter Dated 4/16/2010

ML101190431
Person / Time
Site:	Davis Besse
Issue date:	06/02/2010
From:	Michael Mahoney Plant Licensing Branch III
To:	Allen B FirstEnergy Nuclear Operating Co
Mahoney, M NRR/DORL/LPLIII- 2 415-3867
References
TAC ME3703
Download: ML101190431 (4)

Text

UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555-0001 June 2, 2010 Mr. Barry S. Allen Site Vice President FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station Mail Stop A-DB-3080 5501 North State Route 2 Oak Harbor, OH 43449-9760 DAVIS-BESSE NUCLEAR POWER STATION, UNIT NO.1 -REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME3703)

Dear Mr. Allen:

By letter to the Nuclear Regulatory Commission (NRC) dated April 16, 2010 (Agencywide Documents Access and Management System Accession Package No. ML101110188), FirstEnergy Nuclear Operating Company submitted an affidavit dated April 8,2010, executed by Gayle F. Elliott, Manager, Product Licensing, AREVA NP Inc., requesting that information designated as proprietary in the following document be withheld from public disclosure pursuant to paragraph (a)(4) of Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390: AREVA Calculation 32-9134666-002, DB-1 CDRM Nozzle Weld Anomaly Flaw Evaluation of IDTB Repair, Revision 000, dated April 8, 2010. The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons: (a) The information reveals details of AREVA NP's research and development plans and programs of their results. (b) The 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. (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, B. Allen -2 We have reviewed your submittal in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the 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 should also 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 )-415-3867.

chael Mahon ,Project Manager Plant Licensing Branch 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-346 cc: See next page Davis-Besse Nuclear Power Station Unit No. 1 cc: Gayle F. Elliott, Manager -Product Licensing AREVA NP, Inc. 3315 Old Forest Road Lynchburg, VA 24501 Additional distribution via listserv B.Allen We have reviewed your submittal in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the 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 1 03(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 should also 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 )-415-3867.

Sincerely, IRA! Michael Mahoney, Project Manager Plant Licensing Branch 111-2 Division of Operating Reactor licenSing Office of Nuclear Reactor Regulation Docket No. 50-346 cc: See next page DISTRIBUTION:

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