ML073050293

Request for Withholding Information from Public Disclosure Holtec Report No. HI-2063601 (Tac No. MD4994)

ML073050293
Person / Time
Site:	Arkansas Nuclear
Issue date:	12/06/2007
From:	Wang A NRC/NRR/ADRO/DORL/LPLIV
To:	Mitchell T Entergy Operations
Wang, A B, NRR/DORL/LPLIV, 415-1445
References
HI-2063601, TAC MD4994
Download: ML073050293 (4)

Text

December 6, 2007 Mr. Timothy G. Mitchell Vice President, Operations Arkansas Nuclear One Entergy Operations, Inc.

1448 S. R. 333 Russellville, AR 72802

SUBJECT:

ARKANSAS NUCLEAR ONE, UNIT 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD4994)

Dear Mr. Mitchell:

By your letter dated March 30, 2007, Entergy Operations, Inc. (Entergy), submitted an affidavit dated March 23, 2007, executed by B. F. Maurer, Westinghouse Electric Company LLC (Westinghouse), and an affidavit dated March 21, 2007, executed by Debabrata Mitra-Majumdar, Holtec International (Holtec), requesting that information in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:

Holtec Report No. HI-2063601, Holtec Licensing Report for ANO Unit 2 Partial Rerack The information was contained in Attachment 8 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML071000262) of Entergys letter dated March 30, 2007. A nonproprietary copy of the document was provided in Attachment 5 (ADAMS Accession No. ML071000257) of the letter. This nonproprietary document is placed in the Nuclear Regulatory Commission (NRC)'s Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

The Westinghouse affidavit stated that the proprietary information sought to be withheld in this submittal is that which is marked in Table 4.5.1, PWR [Pressurized Water Reactor] Fuel Assembly Specifications, contained in Holtec Report No. HI-2063601. The information submitted in Table 4.5.1, marked as a, c in the table, should be considered exempt from mandatory public disclosure for the following reasons:

a. The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouses competitors without license from Westinghouse constitutes a competitive economic advantage over other companies; and

c. Its use 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 a similar product.

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

a. The information discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtec's competitors without license from Holtec International constitutes a competitive economic advantage over other companies; and

b. The 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 Entergys application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the information in the document entitled, "Holtec Licensing Report for ANO Unit 2 Partial Rerack," 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 301-415-1445.

Sincerely,

/RA/

Alan B. Wang, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-368 cc: See next page

ML073050293 OFFICE NRR/LPL4/PM NRR/LPL4/LA NRR/CSGB/BC NRR/SNPB/BC NRR/EMCB/BC NRR/LPL4/BC NAME AWang JBurkhardt AHiser AMendiola KManoly THiltz DATE 11/7/07 11/6/07 11/9/07 11/29/07 11/15/07 12/6/07

Arkansas Nuclear One cc:

Senior Vice President Manager, Licensing Entergy Nuclear Operations Entergy Operations, Inc.

P.O. Box 31995 Arkansas Nuclear One Jackson, MS 39286-1995 1448 SR 333 Russellville, AR 72802 Senior Vice President

& Chief Operating Officer Section Chief, Division of Health Entergy Operations, Inc. Radiation Control Section P.O. Box 31995 Arkansas Department of Health and Jackson, MS 39286-1995 Human Services 4815 West Markham Street, Slot 30 Vice President, Operations Support Little Rock, AR 72205-3867 Entergy Operations, Inc.

P.O. Box 31995 Section Chief, Division of Health Jackson, MS 39286-1995 Emergency Management Section Arkansas Department of Health and Site Vice President Human Services Entergy Operations, Inc. 4815 West Markham Street, Slot 30 Arkansas Nuclear One Little Rock, AR 72205-3867 1448 S.R. 333 Russellville, AR 72802 County Judge of Pope County Pope County Courthouse General Manager Plant 100 W. Main Street Operations Russellville, AR 72801 Entergy Operations, Inc.

Arkansas Nuclear One Senior Resident Inspector 1448 SR 333 U.S. Nuclear Regulatory Commission Russellville, AR 72802 P.O. Box 310 London, AR 72847 Director, Nuclear Safety & Licensing Entergy Services, Inc. Regional Administrator, Region IV 440 Hamilton Avenue U.S. Nuclear Regulatory Commission White Plains, NY 10601 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064 Director, Nuclear Safety Assurance Entergy Operations, Inc.

Arkansas Nuclear One 1448 SR 333 Russellville, AR 72802 Senior Manager, Nuclear Safety

& Licensing Entergy Operations, Inc.

1340 Echelon Parkway Jackson, MS 39213-8298 September 2007