ML072570079

Progress Energy Florida, Inc. - Request for Withholding of Proprietary Information from Public Disclosure for Crystal River Nuclear Plant, Unit No. 3

ML072570079
Person / Time
Site:	Crystal River
Issue date:	11/09/2007
From:	Bailey S N NRC/NRR/ADRO/DORL/LPLII-2
To:	Young D E Progress Energy Florida
Vaaler, Marlayna, NRR/DORL 415-3178
References
TAC MD3308
Download: ML072570079 (3)

Text

November 9, 2007 Mr. Dale E. Young, Vice President Crystal River Nuclear Plant (NA1B) ATTN: Supervisor, Licensing & Regulatory Programs 15760 W. Power Line Street Crystal River, Florida 34428-6708

SUBJECT:

PROGRESS ENERGY FLORIDA, INC. - REQUEST FOR WITHHOLDING OF PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE FOR CRYSTAL RIVER NUCLEAR PLANT, UNIT NO. 3 (TAC NO. MD3308)

Dear Mr. Young:

By letter dated April 4, 2007, you submitted an affidavit dated April 2, 2007, executed by Debabrata Mitra-Majumdar, Holtec International Project Manager for the Crystal River Criticality Analysis for Additional Storage Patterns Project (Holtec Project 1566), 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:

Holtec Report No. HI-2063579: "Licensing Report for Additional Loading Patterns in Crystal River Unit 3 Pools A and B (Proprietary)," dated September 20, 2006.

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 discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtec's competitors without license from Holtec International constitutes a competitive economic advantage over other companies.

(b) The information is such that, if used by a competitor, it would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product. 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.

D. Young 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 No. 50-302 cc: See next page

November 9, 2007 D. Young 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 No. 50-302

cc: See next page

DISTRIBUTION

PUBLIC LPL2-2 R/F RidsNrrPMSBailey RidsNrrLABClayton RidsNrrDorlLpl2-2 RidsNrrDssSrsb RidsOgcRp RidsAcrsAcnwMailCenter RidsRgn2MailCenter MVaaler ADAMS Accession Number: ML072570079 NRR-084 OFFICE LPL2-2 LPL2-2/PM LPL2-2/LA SRSB/BC LPL2-2/BC NAME MVaaler SBailey BClayton GCranston EMarions for TBoyce DATE 09/14/07 11/09/07 09/14/07 10/22/07 11/09/07 OFFICIAL RECORD COPY Mr. Dale E. Young Crystal River Nuclear Plant, Unit 3 Florida Power Corporation cc: Mr. R. Alexander Glenn Associate General Counsel (MAC-BT15A) Florida Power Corporation P.O. Box 14042 St. Petersburg, Florida 33733-4042

Mr. Michael J. Annacone Plant General Manager Crystal River Nuclear Plant (NA2C) 15760 W. Power Line Street Crystal River, Florida 34428-6708 Mr. Jim Mallay Framatome ANP 1911 North Ft. Myer Drive, Suite 705 Rosslyn, Virginia 22209 Mr. William A. Passetti, Chief Department of Health Bureau of Radiation Control 2020 Capital Circle, SE, Bin #C21 Tallahassee, Florida 32399-1741

Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32304

Mr. Craig Fugate, Director Division of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100

Chairman Board of County Commissioners Citrus County 110 North Apopka Avenue Inverness, Florida 34450-4245

Mr. Stephen J. Cahill (Acting) Engineering Manager Crystal River Nuclear Plant (NA2C) 15760 W. Power Line Street Crystal River, Florida 34428-6708

Mr. Jon A. Franke Director Site Operations Crystal River Nuclear Plant (NA2C) 15760 W. Power Line Street Crystal River, Florida 34428-6708

Senior Resident Inspector Crystal River Unit 3 U.S. Nuclear Regulatory Commission 6745 N. Tallahassee Road Crystal River, Florida 34428 Ms. Phyllis Dixon Manager, Nuclear Assessment Crystal River Nuclear Plant (NA2C) 15760 W. Power Line Street Crystal River, Florida 34428-6708

David T. Conley Associate General Counsel II - Legal Dept. Progress Energy Service Company, LLC Post Office Box 1551 Raleigh, North Carolina 27602-1551

Mr. Daniel L. Roderick Vice President, Nuclear Projects & Construction Crystal River Nuclear Plant (SA2C) 15760 W. Power Line Street Crystal River, Florida 34428-6708 Mr. David Varner Manager, Support Services - Nuclear Crystal River Nuclear Plant (SA2C) 15760 W. Power Line Street Crystal River, Florida 34428-6708