ML033070049
| ML033070049 | |
| Person / Time | |
|---|---|
| Site: | Crystal River  |
| Issue date: | 11/03/2003 |
| From: | Mozafari B NRC/NRR/DLPM/LPD2 |
| To: | Mallay J Framatome ANP |
| mozafari B, NRR/DLPM, 415-2020 | |
| References | |
| TAC MB7035 | |
| Download: ML033070049 (4) | |
Text
November 3, 2003 Mr. James F. Mallay Director, Regulatory Affairs Framatome ANP, Inc.
3315-A Old Forest Road P.O. Box 10935 Lynchburg, VA 24506-0935
SUBJECT:
FRAMATOME ANP, INC. REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR CRYSTAL RIVER NUCLEAR PLANT UNIT NO. 3 (TAC NO. MB7035)
Dear Mr. Mallay:
By letter dated October 10, 2003, you submitted an affidavit dated October 10, 2003, executed by you, that requested 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 2.790:
Reload Analyses for CR-3 Cycle 14 Using the BHTP CHF Correlation; General Analysis Process; Impact of Utilizing the Conservative CHF Calculation Adjustment for Local Coolant Qualities Less than the Lower Quality Applicability Range Stated in the BHTP Topical Report; Margin Remaining in the Analyses; NRC Review Visit, October 2003 A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commissions (NRCs) 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 reveals details of FANPs [Framatome ANPs] research and development plans and programs or their results.
(b)
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.
(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.
Mr. James F. Mallay (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.
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 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 may be reached at 301-415-2020.
Sincerely,
/RA/
Brenda L. Mozafari, Senior Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-302 cc: See next page
Mr. James F. Mallay (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.
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 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 may be reached at 301-415-2020.
Sincerely,
/RA/
Brenda L. Mozafari, Senior Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-302 cc: See next page DISTRIBUTION:
PUBLIC EDunnington JMunday, RII OGC PDII-2 R/F BMozafari EHackett AHowe ML033070049 Document Name: G:\\PDII-2\\Crystal River\\ProprietaryLetterMB7035.wpd OFFICE PDII-2/PM PDII-2/LA OGC SRXB PDII-2/SC NAME BMozafari EDunnington AHowe DATE 10/20/2003 10/20/2003 10/28/2003 10/21/03 10/31/2003 OFFICIAL RECORD COPY
Crystal River Nuclear Plant Unit 3 Florida Power Corporation cc:
Mr. R. Alexander Glenn Associate General Counsel (MAC-BT15A)
Florida Power Corporation P.O. Box 14042 St. Petersburg, Florida 33733-4042 Mr. Jon A. Franke Plant General Manager Crystal River Nuclear Plant (NA2C) 15760 W. Power Line Street Crystal River, Florida 34428-6708 Mr. Jim Mallay Framatome ANP 1911 North Ft. Myer Drive, Suite 705 Rosslyn, Virginia 22209 Mr. William A. Passetti, Chief Department of Health Bureau of Radiation Control 2020 Capital Circle, SE, Bin #C21 Tallahassee, Florida 32399-1741 Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32304 Mr. Craig Fugate, Director Division of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Steven R. Carr Associate General Counsel - Legal Dept.
Progress Energy Service Company, LLC Post Office Box 1551 Raleigh, North Carolina 27602-1551 Chairman Board of County Commissioners Citrus County 110 North Apopka Avenue Inverness, Florida 34450-4245 Mr. Donald L. Taylor Manager Support Services Crystal River Nuclear Plant (NA2C) 15760 W. Power Line Street Crystal River, Florida 34428-6708 Mr. Daniel L. Roderick Director Site Operations Crystal River Nuclear Plant (NA2C) 15760 W. Power Line Street Crystal River, Florida 34428-6708 Senior Resident Inspector Crystal River Unit 3 U.S. Nuclear Regulatory Commission 6745 N. Tallahassee Road Crystal River, Florida 34428 Mr. Richard L. Warden Manager Nuclear Assessment Crystal River Nuclear Plant (NA2C) 15760 W. Power Line Street Crystal River, Florida 34428-6708 Mr. Dale E. Young, Vice President Crystal River Nuclear Plant (NA1B)
ATTN: Supervisor, Licensing
& Regulatory Programs 15760 W. Power Line Street Crystal River, Florida 34428-6708