ML061070300

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Westinghouse Electric Company, Request for Withholding Information from Public Disclosure for Indian Point Nuclear Generating Unit No. 2
ML061070300
Person / Time
Site: Indian Point Entergy icon.png
Issue date: 04/20/2006
From: Boska J
Plant Licensing Branch III-2
To: Maurer B
Westinghouse
Boska J, NRR, 301-415-2901
References
TAC MC8427
Download: ML061070300 (5)


Text

April 20, 2006 Mr. B. F. Maurer, Acting Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company, LLC P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR INDIAN POINT NUCLEAR GENERATING UNIT NO. 2 (TAC NO. MC8427)

Dear Mr. Maurer:

By letter dated April 11, 2006, Entergy Nuclear Operations, Inc. (ENO or the licensee) submitted an affidavit dated March 15, 2006, executed by yourself. You requested that the information contained in Attachment 1 of the licensees April 11, 2006, letter, "Additional Information For Proposed Technical Specification Change Regarding Use of ASTRUM for LBLOCA [Large-Break Loss-of-Coolant Accident] Analysis (Proprietary Version)," be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390.

A nonproprietary version of this document submitted as Attachment 2 to the licensees letter 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 (among others):

a. The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.
b. Its use 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 a similar product.

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 provided by Westinghouse Electric Company, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

B. Maurer 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 301-415-2901.

Sincerely,

/RA/

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

B. Maurer 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 301-415-2901.

Sincerely,

/RA/

John Boska, Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-247 cc: See next page Distribution PUBLIC RidsNrrDssSbwb RidsNrrLASLittle RidsOgc Rp LPLI-1 Reading RidsNrrDorlLpla RidsNrrPMJBoska RidsRgn1MailCenter BSingal ADAMS Accession Number: ML061070300 OFFICE LPLI-1/PM LPLI-1/LA SPWB/BC LPLI-1/BC NAME JBoska SLittle JNakoski RLaufer (SSun for)

DATE 4/20/06 4/20/06 4/20/06 4/20/06 OFFICIAL RECORD COPY

Indian Point Nuclear Generating Unit No. 2 cc:

Mr. Gary J. Taylor Ms. Charlene D. Faison Chief Executive Officer Manager, Licensing Entergy Operations, Inc. Entergy Nuclear Operations, Inc.

1340 Echelon Parkway 440 Hamilton Avenue Jackson, MS 39213 White Plains, NY 10601 Mr. John T. Herron Mr. Michael J. Columb Senior Vice President and Director of Oversight Chief Operating Officer Entergy Nuclear Operations, Inc.

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

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

Entergy Nuclear Operations, Inc. Indian Point Energy Center Indian Point Energy Center 295 Broadway, Suite 1 295 Broadway, Suite 2 P. O. Box 249 P.O. Box 249 Buchanan, NY 10511-0249 Buchanan, NY 10511-0249 Mr. Travis C. McCullough Mr. Oscar Limpias Assistant General Counsel Vice President Engineering Entergy Nuclear Operations, Inc.

Entergy Nuclear Operations, Inc. 440 Hamilton Avenue 440 Hamilton Avenue White Plains, NY 10601 White Plains, NY 10601 Ms. Stacey Lousteau Mr. Brian OGrady Treasury Department Vice President, Operations Support Entergy Services, Inc.

Entergy Nuclear Operations, Inc. 639 Loyola Avenue 440 Hamilton Avenue Mail Stop: L-ENT-15E White Plains, NY 10601 New Orleans, LA 70113 Mr. John F. McCann Regional Administrator, Region I Director, Licensing U.S. Nuclear Regulatory Commission Entergy Nuclear Operations, Inc. 475 Allendale Road 440 Hamilton Avenue King of Prussia, PA 19406 White Plains, NY 10601

Indian Point Nuclear Generating Unit No. 2 cc:

Senior Resident Inspectors Office Mr. William T. Russell Indian Point 2 PWR SRC Consultant U. S. Nuclear Regulatory Commission 400 Plantation Lane P.O. Box 59 Stevensville, MD 21666-3232 Buchanan, NY 10511 Mr. Jim Riccio Mr. Peter R. Smith, President Greenpeace New York State Energy, Research, and 702 H Street, NW Development Authority Suite 300 17 Columbia Circle Washington, DC 20001 Albany, NY 12203-6399 Mr. Phillip Musegaas Mr. Paul Eddy Riverkeeper, Inc.

Electric Division 828 South Broadway New York State Department Tarrytown, NY 10591 of Public Service 3 Empire State Plaza, 10th Floor Mr. Mark Jacobs Albany, NY 12223 IPSEC 46 Highland Drive Mr. Charles Donaldson, Esquire Garrison, NY 10524 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 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