ML060730003

General Electric Company, Request for Withholding Information from Public Disclosure for James A. FitzPatrick Nuclear Power Plant

ML060730003
Person / Time
Site:	FitzPatrick
Issue date:	03/29/2006
From:	Boska J NRC/NRR/ADRO/DORL/LPLA
To:	Stramback G General Electric Co
Boska J, NRR, 301-415-2901
References
TAC MC9681
Download: ML060730003 (5)

Text

March 29, 2006 Mr. George B. Stramback Manager, Regulatory Services General Electric Company 175 Curtner Avenue San Jose, CA 95125

SUBJECT:

GENERAL ELECTRIC COMPANY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR JAMES A. FITZPATRICK NUCLEAR POWER PLANT (TAC NO. MC9681)

Dear Mr. Stramback:

By letter dated January 26, 2006, Entergy Nuclear Operations, Inc. (ENO or the licensee) submitted an affidavit dated October 24, 2005, executed by yourself. You requested that the information contained in Attachment 5 of the licensees January 26, 2006, letter, NEDC-33087P, Revision 1, September 2005, J.A. FitzPatrick Nuclear Power Plant APRM [Average Power Range Monitor]/RBM [Rod Block Monitor]/Technical Specifications/Maximum Extended Operation Domain (ARTS/MEOD), be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390.

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. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by General Electrics competitors without license from General Electric constitutes a competitive economic advantage over other companies.

b. 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 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.

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.

G. Stramback 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 301-415-2901.

Sincerely,

/RA/

John P. Boska, Senior Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-333 cc: see next page

G. Stramback 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 301-415-2901.

Sincerely,

/RA/

John Boska, Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-333 cc: see next page Distribution PUBLIC RidsNrrDssSbwb RidsNrrLASLittle RidsOgc Rp LPLI-1 Reading RidsNrrDorlLpla RidsNrrPMJBoska RidsRgn1MailCenter NMorgan ADAMS Accession Number: ML060730003 OFFICE LPLI-1/PE LPLI-1/PM LPLI-1/LA SBWB/BC LPLI-1/BC NAME NMorgan JBoska SLittle GCranston RLaufer DATE 3/22/06 3/22/06 2/23/06 3/27/06 3/29/06 OFFICIAL RECORD COPY

FitzPatrick Nuclear Power Plant cc:

Mr. Gary J. Taylor Resident Inspector's Office Chief Executive Officer James A. FitzPatrick Nuclear Power Plant Entergy Operations, Inc. U. S. Nuclear Regulatory Commission 1340 Echelon Parkway P.O. Box 136 Jackson, MS 39213 Lycoming, NY 13093 Mr. John T. Herron Ms. Charlene D. Faison Sr. VP and Chief Operating Officer Manager, Licensing Entergy Nuclear Operations, Inc. Entergy Nuclear Operations, Inc.

440 Hamilton Avenue 440 Hamilton Avenue White Plains, NY 10601 White Plains, NY 10601 Mr. Theodore A. Sullivan Mr. Michael J. Colomb Site Vice President Director of Oversight Entergy Nuclear Operations, Inc. Entergy Nuclear Operations, Inc.

James A. FitzPatrick Nuclear Power Plant 440 Hamilton Avenue P.O. Box 110 White Plains, NY 10601 Lycoming, NY 13093 Mr. David Wallace Mr. Kevin J. Mulligan Director, Nuclear Safety Assurance General Manager, Plant Operations Entergy Nuclear Operations, Inc.

Entergy Nuclear Operations, Inc. James A. FitzPatrick Nuclear Power Plant James A. FitzPatrick Nuclear Power Plant P.O. Box 110 P.O. Box 110 Lycoming, NY 13093 Lycoming, NY 13093 Mr. James Costedio Mr. Oscar Limpias Manager, Regulatory Compliance Vice President Engineering Entergy Nuclear Operations, Inc.

Entergy Nuclear Operations, Inc. James A. FitzPatrick Nuclear Power Plant 440 Hamilton Avenue P.O. Box 110 White Plains, NY 10601 Lycoming, NY 13093 Mr. Christopher Schwarz Mr. Travis C. McCullough Vice President, Operations Support Assistant General Counsel Entergy Nuclear Operations, Inc. Entergy Nuclear Operations, Inc.

440 Hamilton Avenue 440 Hamilton Avenue White Plains, NY 10601 White Plains, NY 10601 Mr. John F. McCann Mr. Charles Donaldson, Esquire Director, Licensing Assistant Attorney General Entergy Nuclear Operations, Inc. New York Department of Law 440 Hamilton Avenue 120 Broadway White Plains, NY 10601 New York, NY 10271

FitzPatrick Nuclear Power Plant cc:

Regional Administrator, Region I Ms. Stacey Lousteau U.S. Nuclear Regulatory Commission Treasury Department 475 Allendale Road Entergy Services, Inc.

King of Prussia, PA 19406 639 Loyola Avenue Mail Stop L-ENT-15E Oswego County Administrator New Orleans, LA 70113 Mr. Steven Lyman 46 East Bridge Street Mr. Michael Kansler Oswego, NY 13126 President Entergy Nuclear Operations, Inc.

Mr. Peter R. Smith, President 440 Hamilton Avenue New York State Energy, Research, White Plains, NY 10601 and Development Authority 17 Columbia Circle Albany, NY 12203-6399 Mr. Paul Eddy New York State Dept. of Public Service 3 Empire State Plaza Albany, NY 12223-1350 Supervisor Town of Scriba Route 8, Box 382 Oswego, NY 13126 Mr. James H. Sniezek BWR SRC Consultant 5486 Nithsdale Drive Salisbury, MD 21801-2490 Mr. Michael D. Lyster BWR SRC Consultant 5931 Barclay Lane Naples, FL 34110-7306