ML101040601

Request for Withholding Information from Public Disclosure - Affidavit Executed by M. Taylor, Structural Integrity Associates on 4/9/2010

ML101040601
Person / Time
Site:	Arkansas Nuclear
Issue date:	05/13/2010
From:	Kalyanam N K Plant Licensing Branch IV
To:	Entergy Operations
Kalyanam N, NRR/DORL/LPL4, 415-1480
References
TAC ME3701
Download: ML101040601 (3)

Text

UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555-0001 13,2010 Vice President, Operations Arkansas Nuclear One Entergy Operations, Inc. 1448 S.R. 333 Russellville, AR 72802 REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR ARKANSAS NUCLEAR ONE, UNIT NO.1 (TAC NO. ME3701)

Dear Sir or Madam:

By letter dated April 12, 2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML 101050371), Entergy Operations, Inc. (Entergy) submitted an affidavit dated April 9, 2010, executed by Mr. Moses Taylor, Jr., of Structural Integrity Associates, Inc. (SI), requesting that the information contained in the following two documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390: SI Calculations ANO-34Q-326, Rev. 1 "Pressurizer Level Sensing/Sampling Nozzle (no eXisting pad) Repair Fracture Mechanics Analysis," and SI Calculations ANO-34Q-330, Rev. 0 "Fatigue Crack Growth Analysis of Pressurizer Level Sensing/Sampling Nozzle (No Existing Pad) Repair" The documents listed in (1) and (2) above were Attachments 3 and 4, respectively, to the licensee's letter dated April 12, 2010. Nonproprietary versions of documents (1) and (2) listed above have been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the ADAMS Public Electronic Reading Room under ADAMS Accession Nos. ML 101050370 and ML 101050373, respectively.

The affidavit stated that these calculations are to be treated as SI proprietary information, because they contain significant information that is deemed proprietary and confidential to AREVA NP. In addition, the affidavit stated that AREVA NP design input information was provided to SI in strictest confidence so that SI could generate the above mentioned calculations on Entergy's behalf. The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons: 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; and

-2The 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. 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 versions 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 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, please contact me at (301) 415-1480 or bye-mail at kaly.kalyanam@nrc.gov.

Sincerely, N. Kaly Kalyanam, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-313 cc: Distribution via Listserv Mr. Moses Taylor, Jr. Structural Integrity Associates Inc. 5215 Hellyer Ave. Suite 210 San Jose, CA 95138-1025

-2 b) 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. 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 versions 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. (fyou have any questions, please contact me at (301) 415-1480 or bye-mail at kaly. kalyanam@nrc.gov.

Sincerely, IRA! N. Kaly Kalyanam, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-313 Distribution via Listserv Mr. Moses Taylor, Jr. Structural Integrity Associates Inc. 5215 Hellyer Ave. Suite 210 San Jose, CA 95138-1025 PUBLIC RidsNrrDorlLpl4 Resource RidsRgn4MailCenter LPLIV Reading RidsNrrLAJBurkhardt Resource JTsao, RidsAcrsAcnw_MailCTR Resource RidsNrrPMANO RidsNrrDciCpnb Resource RidsOgcRp ADAMS Accession No. ML 101040601 OFFICE NAME DATE NRRlLPL4/PM NKalyanam 4/30110 NRR/LPL4/LA JBurkhardt 4/27/10 NRR/DCI/CPNB NRRlLPL4/BC TLupold JTsao for MMarkley 4/29/10 5/13/10 NRRlLPL4/PM NKalyanam 5/13/10 OFFICIAL RECORD I