ML061230085

Areva Np, Request for Withholding Information from Public Disclosure for Oconee Nuclear Station, Units 1, 2, and 3

ML061230085
Person / Time
Site:	Oconee
Issue date:	05/17/2006
From:	Olshan L Plant Licensing Branch III-2
To:	Elliot G AREVA NP
Olshan L N, NRR/DORL, 415-1419
References
TAC MD0238, TAC MD0239, TAC MD0240
Download: ML061230085 (4)

Text

May 17, 2006Ms. Gayle F. ElliottAREVA NP 3315 Old Forrest Road Lynchburg, VA 24501

SUBJECT:

AREVA NP, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLICDISCLOSURE FOR OCONEE NUCLEAR STATION, UNITS 1, 2, AND 3 (TAC NOS. MD0238, MD0239, AND MD0240)

Dear Ms. Elliott:

By letter dated April 26, 2006, Duke Power Company LLC submitted an affidavit dated April 6,2006, in which you requested that the information contained in Enclosure 4 to the April 26,2006, letter be withheld from public disclosure pursuant to Title 10 of the Code of FederalRegulations (10 CFR), Part 2, Section 2.390. Enclosure 4 is entitled, "Duke Response to NRCRequest for Additional Information - Proprietary."A nonproprietary copy of this document has been placed in the Nuclear RegulatoryCommission's (NRC's) Public Document Room and added to the Agencywide DocumentsAccess and Management System Public Electronic Reading Room.The affidavit stated that the submitted information should be considered exempt frommandatory public disclosure for the following reasons: (a)The information reveals details of AREVA NP's research and development plansand programs or their results.(b)Use of the information by a competitor would permit the competitor tosignificantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.(c) 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.(d)The information reveals certain distinguishing aspects of a process,methodology, or component, the exclusive use of which provides a competitive advantage for AREVA NP in product optimization or marketability.(e)The information is vital to a competitive advantage held by AREVA NP, would behelpful to competitors of AREVA NP, and would likely cause substantial harm to the competitive position of AREVA NP.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.

G. Elliot-2-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 301-415-1419. Sincerely,/RA/Leonard N. Olshan, Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket Nos. 50-269, 50-270, and 50-287 cc w/encls: See next page G. Elliot May 17, 2006Therefore, 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 301-415-1419. Sincerely,/RA/Leonard N. Olshan, Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket Nos. 50-269, 50-270, and 50-287 cc w/encls: See next page DISTRIBUTION: PublicRidsOgcRpRidsNrrDorlDprLPL2-1 r/fRidsAcrsAcnwMailCenterJNakoski, NRR RidsNrrDorlLplc(EMarinos)RidsNrrPMOlshan RidsNrrLAMO'BrienRidsRgn2MailCenterAccession Number: ML061230085 NRR-084OFFICENRR/LPL2-1/PMDSS/SPWB/BCNRR/LPL2-1/LANRR/LPL2-1/BC NAMELOlshan:sndJNakoskiMO'BrienEMarinos DATE5/11/065/16/065/11/065/17/06OFFICIAL RECORD COPY Oconee Nuclear Station, Units 1, 2, and 3 cc:

Ms. Lisa F. VaughnDuke Power Company LLC 526 South Church Street P. O. Box 1006 Mail Code EC07H Charlotte, North Carolina 28201-1006Manager, LISNUS Corporation 2650 McCormick Dr., 3rd Floor Clearwater, FL 34619-1035Senior Resident InspectorU.S. Nuclear Regulatory Commission 7812B Rochester Highway Seneca, SC 29672Mr. Henry Porter, DirectorDivision of Radioactive Waste Management Bureau of Land and Waste Management Dept. of Health and Env. Control 2600 Bull St.

Columbia, SC 29201-1708Mr. Michael A. SchoppmanFramatome ANP 1911 North Ft. Myer Dr.

Suite 705 Rosslyn, VA 22209Mr. B. G. DavenportRegulatory Compliance Manager Oconee Nuclear Site Duke Energy Corporation ON03RC 7800 Rochester Highway Seneca, SC 29672Ms. Karen E. LongAssistant Attorney General NC Department of Justice

P.O. Box 629 Raleigh, NC 27602Mr. R. L. Gill, Jr.Manager - Nuclear Regulatory Issues and Industry Affairs Duke Power Company LLC 526 S. Church St.

Mail Stop EC05P Charlotte, NC 28202Division of Radiation ProtectionNC Dept of Environment, Health, & Natural Resources 3825 Barrett Dr.

Raleigh, NC 27609-7721Mr. Peter R. Harden, IVVP-Customer Relations and Sales Westinghouse Electric Company 6000 Fairview Road 12th Floor Charlotte, NC 28210Mr. Henry BarronGroup Vice President, Nuclear Generation and Chief Nuclear Officer P.O. Box 1006-EC07H Charlotte, NC 28201-1006