ML040440025

MOX and McGuire Nuclear Stations, Units 1 and 2, Framatome Anp, Inc., MB7863 and MB7864, Request for Withholding Information from Public Disclosure

ML040440025
Person / Time
Site:	Catawba
Issue date:	03/10/2004
From:	Martin R NRC/NRR/DLPM/LPD2
To:	Elliott G Framatome ANP
Martin R, NRR/DLPM, 415-1493
References
TAC MB7863, TAC MB7864
Download: ML040440025 (7)

Text

March 10, 2004 Ms. G. F. Elliot Framatome ANP, Inc 3315 Old Forest Road P.O. Box 10935 Lynchburg VA 24506-0935

SUBJECT:

FRAMATOME ANP, INC. REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR CATAWBA NUCLEAR STATIONS, UNITS 1 AND 2 (TAC NOS. MB7863 AND MB7864)

Dear Ms. Elliot:

By letter dated February 2, 2004, the Duke Power Company submitted an affidavit dated January 29, 2004, executed by Framatome Advance Nuclear Power, and requested that the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:, Quality Assurance Plan In Response to Staff Request of December 24, 2003. (PROPRIETARY).

The information that you requested to be withheld is identified by its inclusion within brackets in to Duke Powers letter dated February 2, 2004. A non-proprietary version of was also submitted with Duke Powers letter dated February 2, 2004, and it has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

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

4.

This Document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by FANP and not made available to the public.

Based on my experience, I am aware that other companies regard information of the kind contained in this Document as proprietary and confidential.

5.

This Document has been made available to the U.S. Nuclear Regulatory Commission in confidence with the request that the information contained in this Document be withheld from public disclosure.

6.

The following criteria are customarily applied by FANP to determine whether information should be classified as proprietary:

(a)

The information reveals details of FANPs 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.

(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.

7.

In accordance with FANPs policies governing the protection and control of information, proprietary information contained in this Document has been made available, on a limited basis, to others outside FANP only as required and under suitable agreement providing for nondisclosure and limited use of the information.

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, the versions 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 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 301-415-1493.

Sincerely,

/RA/

Robert E. Martin, Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-413, 50-414 cc: See next page

ML040440025 NRR-084 OFFICE PDII-1/PM IEPB PDII-1/LA OGC PDII-1/SC NAME RMartin DThatcher CHawes RBaum JNakoski DATE 2/17/04 2/17/04 2/13/04 3/8/04 3/9/04 Catawba Nuclear Station cc:

Lee Keller, Manager Regulatory Compliance Duke Energy Corporation 4800 Concord Road York, South Carolina 29745 Ms. Lisa F. Vaughn Duke Energy Corporation Mail Code - PB05E 422 South Church Street P.O. Box 1244 Charlotte, North Carolina 28201-1244 Anne Cottingham, Esquire Winston and Strawn 1400 L Street, NW Washington, DC 20005 North Carolina Municipal Power Agency Number 1 1427 Meadowwood Boulevard P. O. Box 29513 Raleigh, North Carolina 27626 County Manager of York County York County Courthouse York, South Carolina 29745 Piedmont Municipal Power Agency 121 Village Drive Greer, South Carolina 29651 Ms. Karen E. Long Assistant Attorney General North Carolina Department of Justice P. O. Box 629 Raleigh, North Carolina 27602 NCEM REP Program Manager 4713 Mail Service Center Raleigh, NC 27699-4713 North Carolina Electric Membership Corp.

P. O. Box 27306 Raleigh, North Carolina 27611 Senior Resident Inspector U. S. Nuclear Regulatory Commission 4830 Concord Road York, South Carolina 29745 Henry Porter, Assistant Director Division of Waste Management Bureau of Land and Waste Management Dept. of Health and Environmental Control 2600 Bull Street Columbia, South Carolina 29201-1708 Mr. R. L. Gill, Jr., Manager Nuclear Regulatory Issues and Industry Affairs Duke Energy Corporation 526 South Church Street Mail Stop EC05P Charlotte, North Carolina 28202 Saluda River Electric P. O. Box 929 Laurens, South Carolina 29360 Mr. Peter R. Harden, IV, Vice President Customer Relations and Sales Westinghouse Electric Company 6000 Fairview Road, 12th Floor Charlotte, North Carolina 28210 Mary Olson Director of the Southeast Office Nuclear Information and Resource Service 729 Haywood Road, 1-A P. O. Box 7586 Asheville, N. C. 28802

Catawba Nuclear Station cc:

Mr. T. Richard Puryear Owners Group (NCEMC)

Duke Energy Corporation 4800 Concord Road York, South Carolina 29745 Richard M. Fry, Director Division of Radiation Protection North Carolina Dept. of Environment, Health, and Natural Resources 3825 Barrett Drive Raleigh, North Carolina 27609-7721