ML101830331

Request for Withholding Information from Public Disclosure

ML101830331
Person / Time
Site:	Robinson
Issue date:	07/26/2010
From:	Orf T Plant Licensing Branch II
To:	Mccartney D Carolina Power & Light Co
Orf, T J, NRR/DORL/301-415-2788
References
51-9137268-000, 54-ISI-167-03, TAC ME4037
Download: ML101830331 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 26, 2010 Mr. Eric McCartney, Vice President H. B. Robinson Steam Electric Plant, Unit No.2 Carolina Power & Light Company 3581 West Entrance Road Hartsville, South Carolina 29550-0790

SUBJECT:

H. B. ROBINSON STEAM ELECTRIC PLANT, UNIT NO.2 -- REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME4037)

Dear Mr. McCartney:

By letter dated July 26, 2010, you submitted an affidavit dated July 13, 2010, executed by Gayle F. Elliott, Manager, Product Licensing, for AREVA NP Inc., requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

AREVA NP document 51-9137268-000, "Capability Study for BMN Ultrasonic Examination Procedure 54-ISI-167-03."

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(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.

(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.

(e) The information is vital to a competitive advantage held by AREVA NP, would be helpful to competitors to 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 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 pursuant to 10 CFR 2.390(a)(4).

E.McCartney -2 Therefore, AREVA NP document 51-9137268-000 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 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 301-415-2788.

Sincerely,

~~/O+-

Tracy J. Ort, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No..50-261 cc: Gayle F. Elliott Manager, Product Licensing AREVA NP Inc.

3315 Old Forest Road Lynchburg, VA 24501 Additional distribution via Listserv

E. McCartney -2 Therefore, AREVA NP document 51-9137268-000 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 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 301-415-2788.

Sincerely, IRA!

Tracy J. Orf, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-261 cc: Gayle F. Elliott Manager, Product Licensing AREVA NP Inc.

3315 Old Forest Road Lynchburg, VA 24501 Additional distribution via Listserv DISTRIBUTION:

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