ML062280293

Framatome Anp, Inc. Request for Withholding Information from Public Disclosure

ML062280293
Person / Time
Site:	Millstone
Issue date:	08/22/2006
From:	Nerses V NRC/NRR/ADRO/DORL/LPLI-2
To:	Elliott G Framatome ANP
Nerses V, NRR//DLPM, 415-1484
References
04-732, FAB04-1430, TAC MC6505
Download: ML062280293 (4)

Text

1Section 2.790 of 10 CFR was renumbered to 2.390, without substantive change, by rule dated January 14, 2004(69 FR 2182). The rule became effective February 13, 2004, therefore further reference to Section 2.790 in this letter will no longerbe used and instead be replaced by reference to Section 2.390.August 22, 2006Ms. Gayle F. Elliott, M anagerProduct Licensing in Regulatory Affairs Framatome ANP, Inc.

3315 Old Forest Road PO Box 10935 Lynchburg, VA 24506-0935

SUBJECT:

FRAMATOME ANP, INC. REQUEST FOR WITHHOLDING INFORMATIONFROM PUBLIC DISCLOSURE (FAB04-1430) FOR MILLSTONE POWER STATION UNIT NO. 2 (TAC NO. MC6505)

Dear Ms. Elliot:

By Dominion Nuclear Connecticut, Inc. (DNC) letter 04-732 dated December 22, 2004, andFramatome ANP, Inc. (FANP) affidavit dated December 13, 2004 (Attachment 3 to DNC letter04-732), DNC requested that the information contained in the following document be withheldfrom public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR)Section 2.790 1: Selective Implementation of the Alternative Source Term - Fuel Handling AccidentAnalysis: Fuel Assembly, Fuel Rod, and Core Performance Data (Attachment 1 to DNC letter 04-732) A nonproprietary copy of this document (Attachment 2 to DNC letter 04-732), has been placedin the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to theAgencywide Documents Access and Management System Public Electronic Reading Room.As follows, the affidavit contained information demonstrating that the submitted informationshould be considered exempt from mandatory public disclosure: (1)The information is of the type typically held in confidence by FANP, and is in fact soheld. (2)The information was transmitted to the Nuclear Regulatory Commission in confidence.

(3)The information has not been publically disclosed, nor is it available in public sources.

(4)Public disclosure of the information would be likely to cause substantial harm to thecompetitive position of FANP because it would enhance the ability of competitors todesign, produce, or market a similar product or service without commensurate expenses.

G. Elliott- 2 -We have reviewed your application and the material in accordance with the requirements of10 CFR 2.390 and, on the basis of your statements, have determined that the submittedinformation 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 frompublic 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 reviewthis 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 determinationadverse 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) 415-1484.Sincerely,/RA by G. Ed Miller for/Victor Nerses, Senior Project ManagerPlant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. 50-336 cc: See next page G. Elliott- 2 -We have reviewed your application and the material in accordance with the requirements of10 CFR 2.390 and, on the basis of your statements, have determined that the submittedinformation 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 frompublic 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 reviewthis 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 determinationadverse 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) 415-1484.Sincerely,/RA by G. Ed Miller for/Victor Nerses, Senior Project ManagerPlant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. 50-336 cc: See next pageDISTRIBUTION

PUBLICRidsNrrPMREnnisRidsOgcMailCenter LPLI-2 R/FRidsNrrPMVNersesRidsAcrsAcnwMailCenter RidsNrrLACRaynorRidsNrrDorlLpl1-2RidsRgn1MailCenterADAMS Accession Number: ML062280293OFFICELPLI-2/PMLPLI-2/LALPLI-2/BC(A) NAMEVNerses:rsa(GMiller for)CRaynorBPooleDATE8/22/068/22/068/22/06OFFICIAL RECORD COPY Millstone Power Station, Unit No. 2 cc:

Lillian M. Cuoco, EsquireSenior Counsel Dominion Resources Services, Inc.

Building 475, 5 th FloorRope Ferry Road Waterford, CT 06385Edward L. Wilds, Jr., Ph.D.Director, Division of Radiation Department of Environmental Protection 79 Elm Street Hartford, CT 06106-5127Regional Administrator, Region IU.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406First SelectmenTown of Waterford 15 Rope Ferry Road Waterford, CT 06385Charles Brinkman, DirectorWashington Operations Nuclear Services Westinghouse Electric Company 12300 Twinbrook Pkwy, Suite 330 Rockville, MD 20852Senior Resident InspectorMillstone Power Stationc/o U.S. Nuclear Regulatory Commission

P.O. Box 513 Niantic, CT 06357Mr. J. Alan PriceSite Vice President Dominion Nuclear Connecticut, Inc.

Building 475, 5 th FloorRope Ferry Road Waterford, CT 06385Mr. J. W. "Bill" S heehan Co-Chair NEAC 19 Laurel Crest Drive Waterford, CT 06385Mr. Evan W. WoollacottCo-Chair Nuclear Energy Advisory Council 128 Terry's Plain Road Simsbury, CT 06070Ms. Nancy Burton147 Cross Highway Redding Ridge, CT 00870Mr. Chris L. FunderburkDirector, Nuclear Licensing and Operations Support Dominion Resources Services, Inc.

Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711Mr. David W. DodsonLicensing Supervisor Dominion Nuclear Connecticut, Inc.

Building 475, 5 th FloorRope Ferry Road Waterford, CT 06385Mr. Joseph Roy, Director of Operations Massachusetts Municipal Wholesale Electric Company Moody Street

P.O. Box 426 Ludlow, MA 01056