ML12262A385

Request for Withholding Proprietary Information from Public Disclosure Relate to Extended Power Uprate

ML12262A385
Person / Time
Site:	Crystal River
Issue date:	10/10/2012
From:	Lingam S P Plant Licensing Branch II
To:	Franke J A Progress Energy Florida
Lingam , Siva
References
TAC ME6527
Download: ML12262A385 (3)

Text

UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555-0001 October 10, 2012 Mr. Jon A. Franke, Vice Crystal River Nuclear Plant ATTN: Supervisor, Licensing

& Regulatory 15760 W. Power Line Crystal River, FL CRYSTAL RIVER NUCLEAR PLANT, UNIT NO.3 -REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE RELATED TO EXTENDED POWER UPRA TE TECHNICAL REPORT (TAC NO. ME6527)

Dear Mr. Franke:

By letter dated June 15, 2011, as supplemented by letters dated July 5, 2011; August 11, 2011 (two letters);

August 18 and 25, 2011; October 11 and 25, 2011; December 15, 2011 (two letters);

December 21,2011; January 5,2012 (two letters);

January 19, 2012 (two letters);

January 31,2012; March 19, 2012; March 22,2012; April 4, 2012 (two letters);

April 12, 2012; April 16, 2012; April 26, 2012; June 18, 2012; June 29,2012; July 17, 2012 (two letters);

July 31,2012 (two letters);

August 21,2012 (two letters);

August 30,2012; September 6, 2012; and September 17, 2012; Florida Power Corporation, doing business as Progress Energy Florida, Inc., submitted a license amendment request for an extended power uprate (EPU) to increase thermal power level from 2609 megawatts thermal (MWt) to 3014 MWt for Crystal River Unit 3 Nuclear Generating Plant. In your letter dated September 17, 2012, providing supplemental information, you requested that the AREVA NP Incorporated (AREVA NP) proprietary information included in Attachment A of this letter be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations, Part 2, Section 2.390 (10 CFR 2.390). An affidavit dated September 13, 2012, executed by Gayle F. Elliott of AREVA NP, and included as Attachment B to your letter dated September 17,2012, was provided requesting that information contained in the following document be withheld from public disclosure pursuant to 10 CFR 2.390: Attachment A of a letter dated September 17, 2012 -"AREVA Document ANP-3156(P)

-Crystal River 3 EPU Boric Acid Precipitation RAI [Request for Additional Information]

Responses (Proprietary)." A nonproprietary copy of the document entitled "AREVA Document ANP-3156(NP)

-Crystal River 3 EPU Boric Acid Precipitation RAI Responses (Non-Proprietary)," contained in Attachment C of your letter dated September 17, 2012, has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the NRC Library in the Agencywide Documents Access and Management System. The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the reasons specified in the following paragraphs:

6 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.

J. Franke -2 6 (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 AREVA NP. We have reviewed your application and 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 version of the 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 may be reached at 301-415-1564.

Sincerely, Siva P. Lingam, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-302 Ms. Gayle F. Elliott, Manager Product Licensing AREVA NP Inc. 3315 Old Forest Road Lynchburg, VA 24501 Additional Distribution via Listserv J. Franke -2 6 (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 AREVA NP. We have reviewed your application and 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 version of the 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 may be reached at 301-415-1564.

Sincerely, IRA! Siva P. Lingam, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-302 cc: Ms. Gayle F. Elliott, Manager Product Licensing AREVA NP Inc. 3315 Old Forest Road Lynchburg, VA 24501 Additional Distribution via Listserv DISTRIBUTION:

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