ML031620498

Framatome Anp Request for Withholding Information from Public Disclosure

ML031620498
Person / Time
Site:	North Anna
Issue date:	06/11/2003
From:	Stephen Monarque NRC/NRR/DLPM/LPD2
To:	Mallay J Framatome ANP Richland
Monarque S, NRR/DLPM, 415-1544
References
TAC MB7515
Download: ML031620498 (4)

Text

June 11, 2003 Mr. James F. Mallay Director, Regulatory Affairs Framatome ANP, Richland, Inc.

2101 Horn Rapids Road Richland, WA 99352

SUBJECT:

FRAMATOME ANP REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR NORTH ANNA POWER STATION, UNIT 2 (TAC NO. MB7515)

Dear Mr. Mallay:

By letter dated May 12, 2003, Virginia Electric and Power Company submitted an affidavit dated April 25, 2003, executed by you, requesting that information contained in the document entitled RVH Drawings CMP-020 Examination of Reactor Pressure Vessel Head-to-Flange Weld, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790. 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 sought to be withheld from public disclosure is of the type customarily held in confidence by Framatome ANP (FANP) and is not made available to the public.

(b) The information has been made available to the NRC in confidence.

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

(d) 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.

(e) 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.

(f) 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.

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

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 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(s) of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(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 can be reached at 301-415-1544.

Sincerely,

/RA/

Stephen R. Monarque, Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-339 cc: See next page

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

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 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(s) of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(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 can be reached at 301-415-1544.

Sincerely,

/RA/

Stephen R. Monarque, Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-339 cc: See next page DISTRIBUTION PUBLIC EDunnington KLandis, RII MPSiemien, OGC PDII-1 R/F SMonarque SMoore JNakoski

• See previous concurrence ADAMS ACCESSION NO. ML031620498 OFFICE LA:PDII/S2 PM:PDII/S1 EMCB/SC* OGC SC:PDII/S1 NAME EDunnington SMonarque SCoffin RBaum JNakoski DATE 6/10/2003 6/11/2003 5/30/2003 6/102003 6/4/2003 OFFICIAL RECORD COPY

Mr. James F. Mallay North Anna Power Station, Units 1 and 2 Virginia Electric & Power Company cc:

Mr. C. Lee Lintecum Mr. David A. Heacock County Administrator Site Vice President Louisa County North Anna Power Station P.O. Box 160 P. O. Box 402 Louisa, Virginia 23093 Mineral, Virginia 23117 Ms. Lillian M. Cuoco, Esquire Mr. David A. Christian Senior Counsel Sr. Vice President and Chief Nuclear Officer Dominion Resources Services, Inc. Virginia Electric and Power Company Millstone Power Station Innsbrook Technical Center Building 475, 5th Floor 5000 Dominion Blvd.

Rope Ferry Road Glen Allen, Virginia 23060-6711 Rt. 156 Waterford, Connecticut 06385 Mr. Richard H. Blount, II Site Vice President Dr. W. T. Lough Surry Power Station Virginia State Corporation Virginia Electric and Power Company Commission 5570 Hog Island Road Division of Energy Regulation Surry, Virginia 23883-0315 P. O. Box 1197 Richmond, Virginia 23209 Robert B. Strobe, M.D., M.P.H.

State Health Commissioner Old Dominion Electric Cooperative Office of the Commissioner 4201 Dominion Blvd. Virginia Department of Health Glen Allen, Virginia 23060 P.O. Box 2448 Richmond, Virginia 23218 Mr. Chris L. Funderburk, Director Nuclear Licensing & Operations Mr. William R. Matthews Support Vice President - Nuclear Operations Virginia Electric and Power Company Virginia Electric and Power Company Innsbrook Technical Center Innsbrook Technical Center 5000 Dominion Blvd. 5000 Dominion Boulevard Glen Allen, Virginia 23060-6711 Glen Allen, Virginia 23060-6711 Office of the Attorney General Commonwealth of Virginia 900 East Main Street Richmond, Virginia 23219 Senior Resident Inspector North Anna Power Station U.S. Nuclear Regulatory Commission 1024 Haley Drive Mineral, Virginia 23117