ML083030100

Request for Withholding Information from Public Disclosure

ML083030100
Person / Time
Site:	Waterford
Issue date:	11/17/2008
From:	Kalyanam N Plant Licensing Branch IV
To:	Entergy Operations
Kalyanam N, NRR/DLPM, 415-1480
References
HI-2084014, TAC MD9685
Download: ML083030100 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 17, 2008 Vice President of Operations Entergy Operations, Inc.

Waterford Steam Electric Station, Unit 3 17265 River Road Killona, LA 70057-3093

SUBJECT:

WATERFORD STEAM ELECTRIC STATION, UNIT 3 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO.

MD9685)

Dear Sir/Madam:

By letter dated September 17, 2008 to the U.S. Nuclear Regulatory Commission (NRC), Entergy Operations, Inc. (the licensee, Entergy) submitted an affidavit dated August 20, 2008, executed by Mr. Evan Rosenbaum, P.E., of Holtec International, and Entergy requesting 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), Part 2, Section 2.390:

Holtec Report No. HI-2084014, "Licensing Report for Waterford Unit 3 Spent Fuel Pool Criticality Analysis" A nonproprietary copy of this document has been placed in the NRC Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room (ADAMS Accession 1\10. ML082660649).

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtec's competitors without license from Holtec International constitutes a competitive economic advantage over other companies;

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.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the version(s) 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.

Vice President of Operations -2 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 301-415-1480.

Sincerely, N. Kalyanam, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No: 50-382 cc: See next page

Waterford Steam Electric Station, Unit 3 cc:

Parish President Council St. Charles Parish P.O. Box 302 Hahnville, LA 70057 Mr. Evan Rosenbaum Holtec Center 555 Lincoln Drive West Marlton, NJ08053 Additional Distribution via ListServ

November 17, 2008 Vice President of Operations -2 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 301-415-1480.

Sincerely, IRAI N. Kalyanam, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No: 50-382 cc: See next page DISTRIBUTION:

PUBLIC Branch Reading File RidsAcrsAcnw MailCTR Resource RidsNrrDorlLpl4 Resource RidsNrrLAGLappert Resource RidsNrrPMNKalyanam Resource RidsNrrDsssSrxb Resource RidsOgcMailCenter Resource RidsRgnlVMailCenter Resource