ML021020552
| ML021020552 | |
| Person / Time | |
|---|---|
| Site: | Brunswick  |
| Issue date: | 04/08/2002 |
| From: | Mozafari B NRC/NRR/DLPM/LPD2 |
| To: | Watford G Global Nuclear Fuel - Americas |
| mozafari B, NRR/DLPM, 415-2020 | |
| References | |
| TAC MB2952 | |
| Download: ML021020552 (5) | |
Text
April 8, 2002 Mr. Glen A. Watford Global Nuclear Fuel-Americas, L.L.C.
3902 Castle Hayne Road Wilmington, NC 28402
SUBJECT:
GLOBAL NUCLEAR FUEL-AMERICAS, L.L.C., REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR BRUNSWICK STEAM ELECTRIC PLANT, UNIT 1 (TAC NO. MB2952)
Dear Mr. Watford:
By letter dated March 5, 2002, Carolina Power & Light Company submitted an affidavit dated March 5, 2002, executed by you, requesting that the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790:
Global Nuclear Fuel-Americas, L.L.C. (GNF-A) entitled Request/Responses for Additional Information to Support Tech Spec SLMCPR Brunswick, Unit 1, Cycle 14 A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission (NRC) public document room and added to the Agencywide Documents Access and Management Systems Publicly Available Records System (ADAMS PARS) Library.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(4)a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-As competitors without license from GNF-A constitutes a competitive economic advantage over other companies.
(4)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.
(8) The information identified is classified as proprietary because it contains details of GNF-As fuel design and licensing methodology.
The development of the methods used in these analyses, along with the testing, development and approval of the supporting methodology was achieved at a significant cost, on the order of several million dollars, to GNF-A or its licensor.
G. Watford (9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GNF-As competitive position and foreclose or reduce the availability of profit-making opportunities. The fuel design and licensing methodology is part of GNF-As 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 expertise to determine and apply the appropriate evaluation process. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods.
The research, development, engineering, analytical, and NRC review costs comprise a substantial investment of time and money by GNF-A or its licensor.
The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.
GNF-As competitive advantage will be lost if its competitors are able to use the results of the GNF-A experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.
The value of this information to GNF-A would be lost if the information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive GNF-A of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing and obtaining these very valuable analytical tools.
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 submitted documents 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
G. Watford 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) 415-2020.
Sincerely,
/RA by J.Goshen Acting for/
Brenda L. Mozafari, Senior Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-325 cc: See next page
G. Watford 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) 415-2020.
Sincerely,
/RA by J.Goshen Acting for/
Brenda L. Mozafari, Senior Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-325 cc: See next page DISTRIBUTION PUBLIC EDunnington (Hard Copy) BBonser, RII PDII-2 R/F BMozafari HBerkow RCorreia MPSiemien,OGC ADAMS Accession Number:ML021020552 *see previous concurrence OFFICE PDII-2/PM PDII-2/LA OGC* PDII-2/SC NAME JGoshen for EDunnington MPSiemien RCorreia BMozafari DATE 03/29/02 03/29/02 03/ 12 /02 04/01/02 OFFICIAL RECORD COPY
Mr. J. S. Keenan Brunswick Steam Electric Plant Carolina Power & Light Company Units 1 and 2 cc:
Mr. William D. Johnson Ms. Margaret A. Force Vice President and Corporate Secretary Assistant Attorney General Carolina Power & Light Company State of North Carolina Post Office Box 1551 Post Office Box 629 Raleigh, North Carolina 27602 Raleigh, North Carolina 27602 Mr. Donald E. Warren Mr. Robert P. Gruber Brunswick County Board of Commissioners Executive Director Post Office Box 249 Public Staff - NCUC Bolivia, North Carolina 28422 Post Office Box 29520 Raleigh, North Carolina 27626-0520 Resident Inspector U.S. Nuclear Regulatory Commission Mr. C. J. Gannon 8470 River Road Director - Site Operations Southport, North Carolina 28461 Carolina Power & Light Company Brunswick Steam Electric Plant Mr. John H. ONeill, Jr. Post Office Box 10429 Shaw, Pittman, Potts & Trowbridge Southport, North Carolina 28461 2300 N Street, NW.
Washington, DC 20037-1128 Mr. Norman R. Holden, Mayor City of Southport Mr. Mel Fry, Director 201 East Moore Street Division of Radiation Protection Southport, North Carolina 28461 N.C. Department of Environment and Natural Resources Mr. Dan E. Summers 3825 Barrett Dr. Emergency Management Coordinator Raleigh, North Carolina 27609-7721 New Hanover County Department of Emergency Management Mr. W. C. Noll Post Office Box 1525 Plant Manager Wilmington, North Carolina 28402 Carolina Power & Light Company Brunswick Steam Electric Plant Mr. Terry C. Morton Post Office Box 10429 Manager Southport, North Carolina 28461 Performance Evaluation and Regulatory Affairs CPB 7 Public Service Commission Carolina Power & Light Company State of South Carolina Post Office Box 1551 Post Office Drawer 11649 Raleigh, North Carolina 27602-1551 Columbia, South Carolina 29211 Mr. Leonard R. Beller Manager - Regulatory Affairs Carolina Power & Light Company Brunswick Steam Electric Plant Post Office Box 10429 Southport, NC 28461