ML040200226
| ML040200226 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee  |
| Issue date: | 02/02/2004 |
| From: | Richard Ennis NRC/NRR/DLPM/LPD1 |
| To: | Leaver D Polestar Applied Technology |
| Ennis R, NRR/DLPM, 415-1420 | |
| References | |
| TAC MC0253 | |
| Download: ML040200226 (5) | |
Text
February 2, 2004 Mr. David E. W. Leaver Polestar Applied Technology, Inc.
One First Street, Suite 4 Los Altos, CA 94022
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, VERMONT YANKEE NUCLEAR POWER STATION (TAC NO. MC0253)
Dear Mr. Leaver:
By Entergy letter BVY 03-116 dated December 11, 2003, and Polestar Applied Technology, Inc.
(Polestar) affidavit dated September 24, 2003, executed by you (Attachment 2 to Entergy letter BVY 03-92 dated October 10, 2003), Polestar 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:
Calculation PSAT 3019CF.QA.04, Post LOCA [loss-of-coolant accident] Suppression Pool pH for Vermont Yankee A nonproprietary copy of this document (Attachment 2 to letter BVY 03-116), 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:
(1) The information sought to be withheld is being submitted to Entergy (and, we trust, to NRC) in confidence. The information is of a sort customarily held in confidence by Polestar, and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by Polestar, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties including any required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.
(2) The information [in calculation PSAT 3019CF.QA.04] is classified as proprietary because it contains detailed information on and results from trade secret methodologies developed by Polestar and applied under the Polestar 10 CFR 50, Appendix B Quality Assurance Program.
(3) The trade secrets used in this Vermont Yankee work are several of a number of Polestar developed methods, models, and codes. Development of these methods, models, and codes was achieved at a significant cost to Polestar, well over
$100,000, which is a significant fraction of internal research and development resources available to a company the size of Polestar.
D. Leaver (4) Public disclosure of the information sought to be withheld is likely to cause substantial harm to Polestars competitive position and foreclose or reduce the availability of profit-making opportunities.
(5) Polestars competitive advantage will be lost if its competitors are able to use the results of the Polestar 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.
We have reviewed the 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 301-415-1420.
Sincerely,
/RA/
Richard B. Ennis, Senior Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-271 cc: See next page
D. Leaver (4) Public disclosure of the information sought to be withheld is likely to cause substantial harm to Polestars competitive position and foreclose or reduce the availability of profit-making opportunities.
(5) Polestars competitive advantage will be lost if its competitors are able to use the results of the Polestar 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.
We have reviewed the 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 301-415-1420.
Sincerely,
/RA/
Richard B. Ennis, Senior Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-271 cc: See next page DISTRIBUTION PUBLIC DRoberts OGC PDI-2 Reading CRaynor LLund CHolden REnnis CAnderson, RGN-I Accession No.: ML040200226 OFFICE PDI-2/PM PDI-2/LA EMCB/SC OGC PDI-2/SC(A)
NAME REnnis CRaynor LLund TSmith DRoberts DATE 1/23/04 1/23/04 1/26/04 1/29/04 1/30/04 OFFICIAL RECORD COPY
Vermont Yankee Nuclear Power Station cc:
Regional Administrator, Region I Mr. Raymond N. McCandless U. S. Nuclear Regulatory Commission Vermont Department of Health 475 Allendale Road Division of Occupational King of Prussia, PA 19406-1415 and Radiological Health 108 Cherry Street Mr. David R. Lewis Burlington, VT 05402 Shaw, Pittman, Potts & Trowbridge 2300 N Street, N.W. Manager, Licensing Washington, DC 20037-1128 Entergy Nuclear Vermont Yankee, LLC P.O. Box 0500 Ms. Christine S. Salembier, Commissioner 185 Old Ferry Road Vermont Department of Public Service Brattleboro, VT 05302-0500 112 State Street Montpelier, VT 05620-2601 Resident Inspector Vermont Yankee Nuclear Power Station Mr. Michael H. Dworkin, Chairman U. S. Nuclear Regulatory Commission Public Service Board P.O. Box 176 State of Vermont Vernon, VT 05354 112 State Street Montpelier, VT 05620-2701 Director, Massachusetts Emergency Management Agency Chairman, Board of Selectmen ATTN: James Muckerheide Town of Vernon 400 Worcester Rd.
P.O. Box 116 Framingham, MA 01702-5399 Vernon, VT 05354-0116 Jonathan M. Block, Esq.
Mr. Michael Hamer Main Street Operating Experience Coordinator P.O. Box 566 Vermont Yankee Nuclear Power Station Putney, VT 05346-0566 320 Governor Hunt Road Vernon, VT 05354 Mr. John Kelly Director, Nuclear Safety Assurance G. Dana Bisbee, Esq. Entergy Nuclear Operations, Inc.
Deputy Attorney General 440 Hamilton Avenue 33 Capitol Street White Plains, NY 10601 Concord, NH 03301-6937 Mr. Gary Taylor Chief, Safety Unit Chief Executive Officer Office of the Attorney General Entergy Operations One Ashburton Place, 19th Floor 1340 Echelon Parkway Boston, MA 02108 Jackson, MS 39213 Ms. Deborah B. Katz Box 83 Shelburne Falls, MA 01370
Vermont Yankee Nuclear Power Station cc:
Mr. John Herron Mr. Ron Toole Sr. VP and Chief Operating Officer BWR SRC Consultant Entergy Nuclear Operations, Inc. 605 West Horner Street 440 Hamilton Avenue Ebensburg, PA 15931 White Plains, NY 10601 Ms. Stacey Lousteau Mr. Dan Pace Treasury Department Vice President, Engineering Entergy Entergy Services, Inc.
Nuclear Operations, Inc. 639 Loyola Avenue, Mail Stop L-ENT-15E 440 Hamilton Avenue New Orleans, LA 70113 White Plains, NY 10601 Mr. Michael Kansler Mr. Randall Edington President Vice President, Operations Support Entergy Nuclear Operations, Inc.
Entergy Nuclear Operations, Inc. 440 Hamilton Avenue 440 Hamilton Avenue White Plains, NY 10601 White Plains, NY 10601 Mr. Raymond Shadis Director of Oversight New England Coalition Entergy Nuclear Operations, Inc. Post Office Box 98 440 Hamilton Avenue Edgecomb, ME 04556 White Plains, NY 10601 Mr. James P. Matteau Mr. John M. Fulton Executive Director Assistant General Counsel Windham Regional Commission Entergy Nuclear Operations, Inc. 139 Main Street, Suite 505 440 Hamilton Avenue Brattleboro, VT 05301 White Plains, NY 10601 Mr. William K. Sherman Mr. Jay K. Thayer Vermont Department of Public Service Site Vice President 112 State Street Entergy Nuclear Operations, Inc. Drawer 20 Vermont Yankee Nuclear Power Station Montpelier, VT 05620-2601 P.O. Box 0500 185 Old Ferry Road Brattleboro, VT 05302-0500 Mr. Ken L. Graesser BWR SRC Consultant 38832 N. Ashley Drive Lake Villa, IL 60046 Jim Sniezek BWR SRC Consultant 5486 Nithsdale Drive Salisbury, MD 21801