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, 2006 Ms. Gayle F. Elliott AREVA NP 3315 Old Forrest Road Lynchburg, VA 24501

SUBJECT:

AREVA NP, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE 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 Federal Regulations (10 CFR), Part 2, Section 2.390. Enclosure 4 is entitled, Duke Response to NRC Request for Additional Information - Proprietary.

A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

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

(a) The information reveals details of AREVA NPs research and development plans and programs or their results.

(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.

(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 be helpful 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 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.

G. Elliot Therefore, the version of 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.

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 301-415-1419.

Sincerely,

/RA/

Leonard N. Olshan, Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270, and 50-287 cc w/encls: See next page

G. Elliot May 17, 2006 Therefore, the version of 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.

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 301-415-1419.

Sincerely,

/RA/

Leonard N. Olshan, Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270, and 50-287 cc w/encls: See next page DISTRIBUTION:

Public RidsOgcRp RidsNrrDorlDpr LPL2-1 r/f RidsAcrsAcnwMailCenter JNakoski, NRR RidsNrrDorlLplc(EMarinos) RidsNrrPMOlshan RidsNrrLAMOBrien RidsRgn2MailCenter Accession Number: ML061230085 NRR-084 OFFICE NRR/LPL2-1/PM DSS/SPWB/BC NRR/LPL2-1/LA NRR/LPL2-1/BC NAME LOlshan:snd JNakoski MOBrien EMarinos DATE 5/11/06 5/16/06 5/11/06 5/17/06 OFFICIAL RECORD COPY

Oconee Nuclear Station, Units 1, 2, and 3 cc:

Ms. Lisa F. Vaughn Mr. R. L. Gill, Jr.

Duke Power Company LLC Manager - Nuclear Regulatory 526 South Church Street Issues and Industry Affairs P. O. Box 1006 Duke Power Company LLC Mail Code EC07H 526 S. Church St.

Charlotte, North Carolina 28201-1006 Mail Stop EC05P Charlotte, NC 28202 Manager, LIS NUS Corporation Division of Radiation Protection 2650 McCormick Dr., 3rd Floor NC Dept of Environment, Health, & Natural Clearwater, FL 34619-1035 Resources 3825 Barrett Dr.

Senior Resident Inspector Raleigh, NC 27609-7721 U.S. Nuclear Regulatory Commission 7812B Rochester Highway Mr. Peter R. Harden, IV Seneca, SC 29672 VP-Customer Relations and Sales Westinghouse Electric Company Mr. Henry Porter, Director 6000 Fairview Road Division of Radioactive Waste Management 12th Floor Bureau of Land and Waste Management Charlotte, NC 28210 Dept. of Health and Env. Control 2600 Bull St. Mr. Henry Barron Columbia, SC 29201-1708 Group Vice President, Nuclear Generation and Chief Nuclear Officer Mr. Michael A. Schoppman P.O. Box 1006-EC07H Framatome ANP Charlotte, NC 28201-1006 1911 North Ft. Myer Dr.

Suite 705 Rosslyn, VA 22209 Mr. B. G. Davenport Regulatory Compliance Manager Oconee Nuclear Site Duke Energy Corporation ON03RC 7800 Rochester Highway Seneca, SC 29672 Ms. Karen E. Long Assistant Attorney General NC Department of Justice P.O. Box 629 Raleigh, NC 27602