ML17003A026

Request for Withholding Information from Public Disclosure

ML17003A026
Person / Time
Site:	Hatch
Issue date:	01/10/2017
From:	Michael Orenak Plant Licensing Branch II
To:	Pierce C Southern Nuclear Operating Co
Orenak M
References
Download: ML17003A026 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 10, 2017 Mr. C. R. Pierce Director, Regulatory Affairs Southern Nuclear Operating Company, Inc.

P.O. Box 1295 40 Inverness Center Parkway Birmingham, AL 35242

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR HATCH NUCLEAR PLANT, UNIT NO. 2

Dear Mr. Pierce:

By letter dated December 16, 2016 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML16356A016), you submitted an affidavit dated September 8, 2016, executed by Brian R. Moore on behalf of Global Nuclear Fuel - Americas, LLC, and requested that the information contained in the letter's Enclosure 1, as described below, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR)

Section 2.390:

NEDC-33874P, "GNF3 Lead Use Assembly for Edwin I. Hatch Nuclear Plant, Unit 2" A nonproprietary version of Enclosure 1 was provided as Enclosure 2 and can be found at ADAMS Accession No. ML16356A017.

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

(5) To address 10 CFR 2.390 (b) (4), the information sought to be withheld is being submitted to NRC in confidence. The information is of a sort customarily held in confidence by GNF-A, and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by GNF-A, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties including any required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.

(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GNF-A's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of GNF-A's comprehensive BWR safety and technology base, and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology and includes development of the

C.R. Pierce expertise to determine and apply the appropriate evaluation process. In addition, the technology base includes the value derived from providing analyses done with NRG-approved methods.

The research, development, engineering, analytical, and NRC review costs comprise a substantial investment of time and money by GNF-A.

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.

Therefore, the version(s) 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 U.S. Nuclear Regulatory Commission (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.

C.R. Pierce If you have any questions regarding this matter, please contact me at (301) 415-3229 or by e-mail at Michael.Orenak@nrc.gov.

s~

Michael D. Orenak, Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-366 cc: Mr. Brian R. Moore Engineering Manager Core and Fuel Engineering Global Nuclear Fuel - Americas, LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional Distribution via Listserv

ML17003A026 OFFICE NRR/DORL/LPL2-1 /PM NRR/DORL/LPL2-1 /LA NRR/DSS/SLS NAME MOrenak KGoldstein PClifford DATE 1/09/17 1/09/17 1/09/17 OFFICE NRR/DORL/LPL2-1 /BC NRR/DORL/LPL2-1 /PM NAME MMarkley MOrenak  :,

DATE 1/10/17 1/10/17