ML16285A366

Request for Withholding Information from Public Disclosure for Duane Arnold Energy Center

ML16285A366
Person / Time
Site:	Duane Arnold
Issue date:	10/26/2016
From:	Mahesh Chawla Plant Licensing Branch III
To:	Vehec T Nextera Energy
Chawla M
References
CAC MF7486
Download: ML16285A366 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Thomas A. Vehec Vice President NextEra Energy Duane Arnold Energy Center 3277 DAEC Road Palo, IA 52324-9785 October 26, 2016

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR DUANE ARNOLD ENERGY CENTER (CAC NO. MF7486)

Dear Mr. Vehec:

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated March 15, 2016 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML16077A234), NextEra Energy Duane Arnold, LLC (the licensee) submitted a license amendment request (LAR) for the Duane Arnold Energy Center (DAEC). The proposed amendment would revise DAEC technical specifications (TSs), Section 4.3.1, "Fuel Storage, Criticality," and TS 4.3.3, "Fuel Storage, Capacity." The proposed LAR would also add a new requirement to TS 5.5, "Programs and Manuals," for a Spent Fuel Pool Neutron Absorber Monitoring Program. The submittal contains information that Global Nuclear Fuel -Americas (GNF-A) considers to be proprietary in nature. Accordingly, pursuant to Title 10 of the Code of Federal Regulations (1 O CFR) Sections 9.17(a)(4) and 2.390(a)(4), GNF-A requests that following document be withheld from public disclosure:

Attachment 6 to DAEC Letter NG-16-0052, dated March 15, 2016, "Criticality Safety Evaluation of the PaR Racks in the Duane Arnold Spent Fuel Pool" A nonproprietary version of this document was provided as Attachment 4 of the March 15, 2016 submittal, and has been made publicly available at ADAMS Accession No. ML16077A234. An affidavit requesting this information to be withheld from public disclosure was issued on February 29, 2016, signed by Lukas Trosman, Engineering Manager, Reload Design and Analysis, Global Nuclear Fuel -Americas, LLC. The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons: (4) a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-A's competitors without license from GNF-A constitutes a competitive economic advantage over other companies; T. Vehec (4) b. Information which, if used by a competitor, 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.

Therefore, the document identified above marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR Section 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 301-415-8371.

Docket No. 50-331 Sincerely, Mahesh Chawla, Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation cc: Mr. Lukas Trosman, Engineering Manager, Reload Design and Analysis Global Nuclear Fuel -Americas, LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional Distribution via Listserv T. Vehec (4) b. Information which, if used by a competitor, 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.

Therefore, the document identified above marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR Section 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 301-415-8371.

Docket No. 50-331 cc: Mr. Lukas Trosman, Engineering Manager, Reload Design and Analysis Global Nuclear Fuel -Americas, LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional Distribution via Listserv DISTRIBUTION:

PUBLIC RidsAcrs_MailCTR Resource RidsNrrDorllpl3-1 Resource RidsNrrLASRohrer Resource Sincerely, IRA/ Mahesh Chawla, Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation SKrepel, NRR ACheresken, NRR MYoder, NRR LPL3-1 Reading RidsNrrDssSrxb Resource RidsNrrPMDAEC Resource RidsRgn3MailCenter Resource CTilton, NRR ADAMS Accession No. ML16285A366 OFFICE NRR/LPL3-1/PM NRR/LPL3-1/LA DSS/BC NRR/LPL3-1/BC NRR/LPL3-1

/PM NAME MChawla SRohrer Rlukes DWrona MChawla DATE 10/18/16 10/17/16 10/24/16 10/25/16 10/26/16 OFFICIAL RECORD COPY