ML052140031

PAR Nuclear, Inc., Request for Withholding Information from Public Disclosure for Indian Point Nuclear Generating, Unit No. 2

ML052140031
Person / Time
Site:	Indian Point
Issue date:	08/04/2005
From:	Boska J NRC/NRR/DLPM/LPD1
To:	Nelson J PaR Nulcear
Boska J, NRR, 301-415-2901
References
TAC MC5036
Download: ML052140031 (8)

Text

August 4, 2005 Mr. James E. Nelson Crane Product Manager PaR Nuclear, Inc.

P.O. Box 24708 Seattle, WA 98124-0708

SUBJECT:

PAR NUCLEAR, INC., REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR INDIAN POINT NUCLEAR GENERATING UNIT NO. 2 (TAC NO. MC5036)

Dear Mr. Nelson:

By letter dated April 12, 2005, Entergy Nuclear Operations, Inc. submitted to the Nuclear Regulatory Commission (NRC) an affidavit with cover letter (reference letter F2725T43) dated April 1, 2005, in which you requested that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

1.

Ederer, LLC, Drawing Number D-43849, sheet 2 of 4, Revision A, Gantry Assembly

[Crane], dated January 25, 2005.

2.

Ederer, LLC, Drawing Number PA-2389, Design Coordination Drawing Unit 2, Revision D, dated February 26, 2004.

Your affidavit states that Ederer, LLC, is a division of PaR Nuclear, Inc. (PaR Nuclear), and that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

1. The information sought to be withheld from public disclosure is owned and has been held in confidence by PaR Nuclear. It consists of specific and unique design details and apparatus for meeting the operational and dimensional constraints of a facility while incorporating certain NRC safety guidelines. This information is of important competitive commercial value.

2. The information is of a type customarily held in confidence by PaR Nuclear and not customarily disclosed to the public. PaR Nuclear has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence.

3. The information, to the best of my knowledge and belief, has consistently been held in confidence by PaR Nuclear, no public disclosure has been made, and it is not available in public sources. Any disclosure to third parties has been made pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.

J. Nelson 4. Public disclosure of the information is likely to cause substantial harm to the competitive position of PaR Nuclear because:

a. Cranes for the same purposes in nuclear plants, with similar design features except for the particularly advantageous features depicted in the subject documents, are offered by several competitors.

b. Development of the apparatus described in the information cost PaR Nuclear hundreds of thousands of dollars and many thousands of man-hours of effort. A competitor would have to undertake a similar effort to develop an equivalent system without the information.

c.

The availability of the information to competitors would enable them to modify their products to better compete with PaR Nuclear, to take marketing actions to improve their products' position or impair the position of PaR Nuclear's product.

d. Use of the information by competitors in the international marketplace would increase their ability to compete with PaR Nuclear for similar applications and have an adverse economic impact on PaR Nuclear's ability to obtain and maintain foreign licenses.

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 two drawings listed above 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.

J. Nelson If you have any questions regarding this matter, I may be reached at 301-415-2901.

Sincerely,

/RA/

John P. Boska, Senior Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-247 cc: See next page

ML052140031 OFFICE PDI-1/PM PDI-1/LA SPLB/SC PDI-1/SC NAME JBoska SLittle SJones RLaufer DATE 8/03/05 8/03/05 8/04/05 8/04/05

Indian Point Nuclear Generating Unit No. 2 cc:

Mr. Gary J. Taylor Chief Executive Officer Entergy Operations, Inc.

1340 Echelon Parkway Jackson, MS 39213 Mr. John T. Herron Senior Vice President and Chief Operating Officer Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Mr. Fred R. Dacimo Site Vice President Entergy Nuclear Operations, Inc.

Indian Point Energy Center 295 Broadway, Suite 1 P.O. Box 249 Buchanan, NY 10511-0249 Mr. Paul Rubin General Manager, Plant Operations Entergy Nuclear Operations, Inc.

Indian Point Energy Center 295 Broadway, Suite 2 P.O. Box 249 Buchanan, NY 10511-0249 Mr. Oscar Limpias Vice President Engineering Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Mr. Brian OGrady Vice President, Operations Support Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Mr. John F. McCann Director, Licensing Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Ms. Charlene D. Faison Manager, Licensing Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Mr. Michael J. Columb Director of Oversight Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Mr. James Comiotes Director, Nuclear Safety Assurance Entergy Nuclear Operations, Inc.

Indian Point Energy Center 295 Broadway, Suite 1 P.O. Box 249 Buchanan, NY 10511-0249 Mr. Patric Conroy Manager, Licensing Entergy Nuclear Operations, Inc.

Indian Point Energy Center 295 Broadway, Suite 1 P. O. Box 249 Buchanan, NY 10511-0249 Mr. Travis C. McCullough Assistant General Counsel Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Senior Resident Inspectors Office Indian Point 2 U. S. Nuclear Regulatory Commission P.O. Box 59 Buchanan, NY 10511-0038

Indian Point Nuclear Generating Unit No. 2 cc:

Mr. Peter R. Smith, President New York State Energy, Research, and Development Authority 17 Columbia Circle Albany, NY 12203-6399 Mr. Paul Eddy Electric Division New York State Department of Public Service 3 Empire State Plaza, 10th Floor Albany, NY 12223 Mr. Charles Donaldson, Esquire Assistant Attorney General New York Department of Law 120 Broadway New York, NY 10271 Mayor, Village of Buchanan 236 Tate Avenue Buchanan, NY 10511 Mr. Ray Albanese Executive Chair Four County Nuclear Safety Committee Westchester County Fire Training Center 4 Dana Road Valhalla, NY 10592 Ms. Stacey Lousteau Treasury Department Entergy Services, Inc.

639 Loyola Avenue Mail Stop: L-ENT-15E New Orleans, LA 70113 Mr. William DiProfio PWR SRC Consultant 139 Depot Road East Kingston, NH 03827 Mr. Daniel C. Poole PWR SRC Consultant P.O. Box 579 Inglis, FL 34449 Mr. William T. Russell PWR SRC Consultant 400 Plantation Lane Stevensville, MD 21666-3232 Mr. Jim Riccio Greenpeace 702 H Street, NW Suite 300 Washington, DC 20001 Mr. Michael Kansler President Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601