ML071140024

(Ano), Unit 2 - Request for Withholding Information from Public Disclosure

ML071140024
Person / Time
Site:	Arkansas Nuclear
Issue date:	05/01/2007
From:	Farideh Saba NRC/NRR/ADRO/DORL/LPLIV
To:	Mitchell T Entergy Operations
Saba F, NRR/DORL/LPL4, 301-415-1447
References
HI-2063601, TAC MD4994
Download: ML071140024 (4)

Text

May 1, 2007Mr. Timothy G. MitchellVice President, Operations Arkansas Nuclear One Entergy Operations, Inc.

1448 S. R. 333 Russellville, AR 72802

SUBJECT:

ARKANSAS NUCLEAR ONE (ANO), UNIT 2 - REQUEST FOR WITHHOLDINGINFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD4994)

Dear Mr. Mitchell:

By your letter dated March 30, 2007, Entergy Operations, Inc. (Entergy), submitted theWestinghouse Electric Company LLC (Westinghouse) affidavit dated March 23, 2007, executed by B. F. Maurer and Holtec International (Holtec)'s affidavit dated March 21, 2007, executed by Debabrata Mitra-Majumdar requesting that information in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 2.390:Holtec Report No. HI-2063601, "Holtec Licensing Report for ANO Unit 2 PartialRerack"The information was contained in Attachment 8 of the Entergy's letter dated March 30, 2007. Anonproprietary copy of the document was provided in Attachment 5 of the letter. This nonproprietary document is placed in the Nuclear Regulatory Commission (NRC)'s Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.The Westinghouse affidavit stated that the proprietary information sought to be withheld in thissubmittal is that which is marked in Table 4.5.1, "PWR [Pressurized-Water Reactor] Fuel Assembly Specifications," contained in Holtec Report No. HI-2063601. The information submitted in Table 4.5.1, marked as "a, c" in the table, should be considered exempt from mandatory public disclosure for the following reasons:a.The information reveals the distinguishing aspects of a process (or component,structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over the other companies; andc.Its use by a competitor would reduce his expenditure of resources or improve hiscompetitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.

T. Mitchell-2-The Holtec's affidavit stated that the submitted information should be considered exempt frommandatory public disclosure for the following reasons: a.Information that discloses a process, method, or apparatus, including supportingdata and analyses, where prevention of its use by Holtec's competitors without license from Holtec International constitutes a competitive economic advantage over other companies; andb.Information which, if used by a competitor, would reduce his expenditure ofresources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.We have reviewed Entergy's application and the material in accordance with the requirementsof 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, the information in the document entitled, "Holtec Licensing Report for ANO Unit 2Partial Rerack," 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 anddirectly 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 futuresuch 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 301-415-1447.Sincerely,/RA/Farideh E. Saba, Project ManagerPlant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. 50-368 cc: See next page February 2007The Holtec's affidavit stated that the submitted information should be considered exempt frommandatory public disclosure for the following reasons: a.Information that discloses a process, method, or apparatus, including supportingdata and analyses, where prevention of its use by Holtec's competitors without license from Holtec International constitutes a competitive economic advantage over other companies; andb.Information which, if used by a competitor, would reduce his expenditure ofresources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.We have reviewed Entergy's application and the material in accordance with the requirementsof 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, the information in the document entitled, "Holtec Licensing Report for ANO Unit 2Partial Rerack," 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 anddirectly 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 futuresuch 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 301-415-1447.Sincerely,/RA/Farideh E. Saba, Project ManagerPlant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. 50-368cc: See next pageDISTRIBUTION

PUBLICLPLIV r/fRidsOgcRpRidsAcrsAcnwMailCenterAMendiola, NRRRidsNrrDorlLpl4RidsNrrPMFSabaRidsNrrLALFeizollahi RidsRgn4MailCenterRidsNrrDciCsgbRidsNrrDeEema (KManoly)Accession No.: ML071140024OFFICENRR/LPL4/PMNRR/LPL4/LANRR/CSGB/BCNRR/SNPB/BCNRR/EMCB/BCNRR/LPL4/BCNAMEFSabaLFeizollahiAHiserAMendiolaKManolyTHiltzDATE4/26/074/26/074/30/074/30/075/1/075/1/07OFFICIAL RECORD COPYArkansas Nuclear One T. Mitchell-2-February 2007 cc:Executive Vice President

& Chief Operating Officer Entergy Operations, Inc.

P.O. Box 31995 Jackson, MS 39286-1995General Manager PlantOperations Entergy Operations, Inc.

Arkansas Nuclear One 1448 SR 333 Russellville, AR 72802Director, Nuclear Safety AssuranceEntergy Operations, Inc.

Arkansas Nuclear One 1448 SR 333 Russellville, AR 72802Manager, LicensingEntergy Operations, Inc.

Arkansas Nuclear One 1448 SR 333 Russellville, AR 72802Director, Nuclear Safety & LicensingEntergy Operations, Inc.

1340 Echelon Parkway Jackson, MS 39213-8298Section Chief, Division of HealthRadiation Control Section Arkansas Department of Health and Human Services 4815 West Markham Street, Slot 30 Little Rock, AR 72205-3867Section Chief, Division of HealthEmergency Management Section Arkansas Department of Health and Human Services 4815 West Markham Street, Slot 30 Little Rock, AR 72205-3867Senior Resident InspectorU.S. Nuclear Regulatory Commission P.O. Box 310 London, AR 72847Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064County Judge of Pope County 100 W. Main Street Russellville, AR 72801Vice President, Operations SupportEntergy Operations, Inc.

P.O. Box 31995 Jackson, MS 39286-1995