ML12313A091

Request for Withholding Information from Public Disclosure License Response Dated October 31, 2012

ML12313A091
Person / Time
Site:	Nine Mile Point
Issue date:	11/15/2012
From:	Bhalchandra Vaidya Plant Licensing Branch 1
To:	Langdon K Nine Mile Point
Vaidya B, NRR/DORL/LPL1-1, 415-3308
References
TAC ME5789
Download: ML12313A091 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 15, 2012 Mr. Ken Langdon Vice President Nine Mile Point Nine Mile Point Nuclear Station, LLC P. O. Box 63 Lycoming, NY 13093

SUBJECT:

NINE MILE POINT NUCLEAR STATION, UNIT NO.1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE RE: LICENSEE RESPONSE DATED OCTOBER 31, 2012(TAC NO. ME5789)

Dear Mr. Langdon:

By letters dated October 31,2012 (Agencywide Documents Access and Management System (ADAMS) Package Accession No. ML123120285), you submitted affidavit dated October 12,2012, executed by Gayle F. Elliott, Manager, licensing, AREVA, NP, Inc. (AREVA NP). The affidavit requested that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390(a)(4):

CENG Letter to NRC, "Nine Mile Point Nuclear Station Unit No.1; Docket No. 50-220 Request to Utilize an Alternative to the Requirements of 10 CFR 50.55a(g) for the Repair of Control Rod Drive Housing Penetrations Response to NRC Request for Additional Information (ME5789), dated October 31,2012, Attachment 4, "AREVA Document No.

32-9146818-000, NMP-1 LAS SCC/SICC EVALUATION (Proprietary)" (Affidavit dated October 12,2012).

The affidavit dated October 12, 2012, stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

6(b) Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.

6(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.

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 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.

K. Langdon -2 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 ttlis 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 Nuclear Regulatory Commission (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.

A nonproprietary copy of the CENG document (ADAMS Accession No. ML12312A256), has been placed in the NRC's Public Document Room and added to the NRC Library in the Agencywide Documents Access and Management System (ADAMS).

If you have any questions regarding this matter, I may be reached at 301-415-3308.

Sincerely, Bhalchandra K. Vaidya, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-220 cc:

Gayle F. Elliott, Manager, Product Licensing AREVA NP Inc.

3315 Old Forest Road Lynchburg, VA 24506-0935 Additional Distribution via Listserv

ML12312A256), has been placed in the NRC's Public Document Room and added to the NRC Library in the Agencywide Documents Access and Management System (ADAMS).

If you have any questions regarding this matter, I may be reached at 301-415-3308.

Sincerely, IRA!

Bhalchandra K. Vaidya, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-220 cc:

Gayle F. Elliott, Manager, Product Licensing AREVA NP Inc.

3315 Old Forest Road Lynchburg, VA 24506-0935 Additional Distribution via Listserv DISTRIBUTION:

PUBLIC RidsNrrPMN ineMilePoint Resource LPL1-1 Reading RidsRgn1 MailCenter Resource RidsAcrsAcnw_MailCTR Resource RidsOgcRP Resource RidsNrrDorlLpl1-1 Resource RidsNrrDeEvib Resource RidsNrrLAKGoldstein Resource G. Dentel, Region 1 ADAMS Accession No.: ML12313A091 OFFICE RR/LPL1-1\PM NRR/LPL1-1\LA NRRlEVIB/BC NRR/LPL1-1\PM NAME BVaid a KGoldstein DATE 11/13/12 11/12/12