ML041890268

7/6/04, ANO1 - Framatome Anp (Fanp), Request for Withholding Information from Public Disclosure for Arkansas Nuclear One, Unit 1

ML041890268
Person / Time
Site:	Arkansas Nuclear
Issue date:	07/06/2004
From:	Alexion T NRC/NRR/DLPM/LPD4
To:	Mallay J Framatome ANP
Alexion T W, NRR/DLPM, 415-1326
References
TAC MB9660
Download: ML041890268 (4)

Text

July 6, 2004 Mr. James F. Mallay Director, Regulatory Affairs Framatome-ANP, Inc.

P.O. Box 10935 3315 Old Forest Road Lynchburg, VA 24506-0935

SUBJECT:

FRAMATOME ANP (FANP), REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR ARKANSAS NUCLEAR ONE, UNIT 1 (TAC NO. MB9660)

Dear Mr. Mallay:

By letter dated April 12, 2004, as corrected by letter dated May 3, 2004, Entergy Operations, Inc., submitted an affidavit dated April 2, 2004, executed by you, requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:

Document 32-5012424-10, "CRDM Temper Bead Bore Weld Analysis."

A nonproprietary copy of this document was not provided because FANP considered that the vast majority of information contained in the document is proprietary.

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

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

(b) Use of this 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 FANP.

(d) The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for FANP in product optimization or marketability.

(e) The information is vital to a competitive advantage held by FANP, would be helpful to competitors to FANP, and would likely cause substantial harm to the competitive position of FANP.

James F. Mallay 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, Document 32-5012424-10, "CRDM Temper Bead Bore Weld Analysis," 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 301-415-1326.

Sincerely,

/RA/

Thomas W. Alexion, Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-313 cc: See next page

James F. Mallay July 6, 2004 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, Document 32-5012424-10, "CRDM Temper Bead Bore Weld Analysis," 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 301-415-1326.

Sincerely,

/RA/

Thomas W. Alexion, Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-313 cc: See next page DISTRIBUTION:

PUBLIC RidsNrrDlpmLpdiv (HBerkow) RidsNrrDlpmLpdiv1 (RGramm)

PDIV-1 R/F RidsNrrPMTAlexion RidsRgn4MailCenter (AHowell)

RidsNrrLADBaxley RidsNrrLADJohnson TChan RDavis Accession No.: ML041890268 Nrr-106 OFFICE PDIV-1/PM PDIV-1/LA EMCB/SC PDIV-1/SC NAME TAlexion DBaxley TChan RGramm DATE 07/03/04 7/2/04 6/24/2004 7/6/04 DOCUMENT NAME: C:\ORPCheckout\FileNET\ML041890268.wpd OFFICIAL RECORD COPY

Arkansas Nuclear One cc:

Executive 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.

1400 L Street, N.W. 1448 S. R. 333 Washington, DC 20005-3502 Russellville, AR 72801 Mr. Mike Schoppman Framatome ANP, Richland, Inc.

Suite 705 1911 North Fort Myer Drive Rosslyn, VA 22209 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