ML052800264

Holtec International, Request for Withholding Information from Public Disclosure for ANO, Unit 2

ML052800264
Person / Time
Site:	Arkansas Nuclear
Issue date:	09/26/2005
From:	Holland D NRC/NRR/DLPM/LPD4
To:	James D Entergy Operations
Holland D, NRR/DLPM, 415-1436
References
TAC MC7648
Download: ML052800264 (4)

Text

September 26, 2005 Mr. Dale E. James, Acting Director Nuclear Safety Assurance Entergy Operations, Inc.

1448 S. R. 333 Russellville, AR 72801

SUBJECT:

HOLTEC INTERNATIONAL (HI), REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR ARKANSAS NUCLEAR ONE, UNIT 2 (ANO-2) (TAC NO. MC7648)

Dear Mr. James:

By letter dated August 4, 2005, you submitted an affidavit dated August 2, 2005, executed by Vince Bilovsky, and requested that the information contained in Holtec International (Holtec)

Report HI-2043262, Revision 0, with the associated computer files, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.

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 Holtec's competitors without license from Holtec International 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 Holtec report and associated computer files 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.

Mr. D. E. James 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 301-415-1436.

Sincerely,

/RA/

Drew Holland, Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-368 cc: Plant Mailing List

ML052800264 OFFICE PDIV-1/PM PDIV-1/LA PDIV-1/SC NAME DHolland DJohnson DTerao DATE 9/26/05 9/20/05 9/26/05

Arkansas Nuclear One cc:

Senior Vice President Vice President, Operations Support

& Chief Operating Officer Entergy Operations, Inc.

Entergy Operations, Inc. P. O. Box 31995 P. O. Box 31995 Jackson, MS 39286-1995 Jackson, MS 39286-1995 Wise, Carter, Child & Caraway Director, Division of Radiation P. O. Box 651 Control and Emergency Management Jackson, MS 39205 Arkansas Department of Health 4815 West Markham Street, Slot 30 Mr. Jeffrey S. Forbes Little Rock, AR 72205-3867 Site Vice President Arkansas Nuclear One Winston & Strawn Entergy Operations, Inc.

1700 K Street, N.W. 1448 S. R. 333 Washington, DC 20006-3817 Russellville, AR 72801 Senior Resident Inspector U.S. Nuclear Regulatory Commission P. O. Box 310 London, AR 72847 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064 County Judge of Pope County Pope County Courthouse Russellville, AR 72801 September 2005