ML052980003

Vermont Yankee - Withholding from Public Disclosure, RAIs EMEB-39, 143 and Attachment 5 to EMEB-18-1, Responses to NRC Scale Model Testing Review Questions Number 6 and Question Number 8

ML052980003
Person / Time
Site:	Vermont Yankee
Issue date:	10/28/2005
From:	Richard Ennis NRC/NRR/DLPM/LPD1
To:	Stramback G General Electric Co
Ennis R, NRR/DLPM, 415-1420
References
%dam200601, TAC MC0761
Download: ML052980003 (5)

Text

October 28, 2005 Mr. George B. Stramback Manager, Regulatory Services General Electric Company 175 Curtner Avenue San Jose, CA 95125

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, VERMONT YANKEE NUCLEAR POWER STATION (TAC NO. MC0761)

Dear Mr. Stramback:

By Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. (Entergy) letter BVY 05-084 dated September 14, 2005, and General Electric Company (GE) affidavits dated September 12, and September 13, 2005, GE 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) Section 2.390:

1) Responses to NRC [Nuclear Regulatory Commission] RAIs [Requests for Additional Information] EMEB-39, 143, and Attachment 5 to EMEB-18-1

2) Responses to NRC Scale Model Testing Review Questions

3) Responses to NRC Scale Model Testing Review Question Number 6 and Question Number 8" The proprietary information to be withheld is contained in Attachments 1, 5, and 7 to Entergy letter BVY 05-083. A nonproprietary copy of these documents (Attachments 8, 9, and 10 to Entergy letter BVY 05-083), have been placed in the 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:

(4)a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by General Electrics competitors without license from General Electric constitutes a competitive economic advantage over other companies; and (4)b. Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

G. Stramback 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 version 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 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

G. Stramback 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 version 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 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 VBucci, OIG PDI-2 Reading CRaynor ACRS STurk, OGC CHolden REnnis CAnderson, RGN-I ADAMS Accession Number: ML0529980003 OFFICE PDI-2/PM PDI-2/LA PDI-2/SC NAME REnnis CRaynor DRoberts DATE 10/26/05 10/28/05 10/28/05 OFFICIAL RECORD COPY

Vermont Yankee Nuclear Power Station cc:

Mr. Michael Kansler Ms. Deborah B. Katz President Box 83 Entergy Nuclear Operations, Inc. Shelburne Falls, MA 01370 440 Hamilton Avenue White Plains, NY 10601 Ms. Carla A. White, RRPT, CHP Radiological Health Regional Administrator, Region I Vermont Department of Health U. S. Nuclear Regulatory Commission P.O. Box 70, Drawer #43 475 Allendale Road 108 Cherry Street King of Prussia, PA 19406-1415 Burlington, VT 05402-0070 Mr. David R. Lewis Mr. James M. DeVincentis Pillsbury, Winthrop, Shaw, Pittman, LLP Manager, Licensing 2300 N Street, N.W. Vermont Yankee Nuclear Power Station Washington, DC 20037-1128 P.O. Box 0500 185 Old Ferry Road Ms. Christine S. Salembier, Commissioner Brattleboro, VT 05302-0500 Vermont Department of Public Service 112 State Street Resident Inspector Montpelier, VT 05620-2601 Vermont Yankee Nuclear Power Station U. S. Nuclear Regulatory Commission Mr. Michael H. Dworkin, Chairman P.O. Box 176 Public Service Board Vernon, VT 05354 State of Vermont 112 State Street Director, Massachusetts Emergency Montpelier, VT 05620-2701 Management Agency ATTN: James Muckerheide Chairman, Board of Selectmen 400 Worcester Rd.

Town of Vernon Framingham, MA 01702-5399 P.O. Box 116 Vernon, VT 05354-0116 Jonathan M. Block, Esq.

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 F. McCann 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 J. 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

Vermont Yankee Nuclear Power Station cc:

Mr. John T. Herron Mr. Ronald Toole Sr. VP and Chief Operating Officer 1282 Valley of Lakes Entergy Nuclear Operations, Inc. Box R-10 440 Hamilton Avenue Hazelton, PA 18202 White Plains, NY 10601 Ms. Stacey M. Lousteau Mr. Danny L. Pace Treasury Department Vice President, Engineering Entergy Services, Inc.

Entergy Nuclear Operations, Inc. 639 Loyola Avenue 440 Hamilton Avenue New Orleans, LA 70113 White Plains, NY 10601 Mr. Raymond Shadis Mr. Brian OGrady New England Coalition Vice President, Operations Support Post Office Box 98 Entergy Nuclear Operations, Inc. Edgecomb, ME 04556 440 Hamilton Avenue White Plains, NY 10601 Mr. James P. Matteau Executive Director Mr. Michael J. Colomb Windham Regional Commission Director of Oversight 139 Main Street, Suite 505 Entergy Nuclear Operations, Inc. Brattleboro, VT 05301 440 Hamilton Avenue White Plains, NY 10601 Mr. William K. Sherman Vermont Department of Public Service Mr. John M. Fulton 112 State Street Assistant General Counsel Drawer 20 Entergy Nuclear Operations, Inc. Montpelier, VT 05620-2601 440 Hamilton Avenue White Plains, NY 10601 Mr. Jay K. Thayer Site Vice President Entergy Nuclear Operations, Inc.

Vermont Yankee Nuclear Power Station P.O. Box 0500 185 Old Ferry Road Brattleboro, VT 05302-0500 Mr. Kenneth L. Graesser 38832 N. Ashley Drive Lake Villa, IL 60046 Mr. James Sniezek 5486 Nithsdale Drive Salisbury, MD 21801