ML090500175
| ML090500175 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 03/19/2009 |
| From: | Boska J Plant Licensing Branch 1 |
| To: | Entergy Nuclear Operations |
| Boska J, NRR, 301-415-2901 | |
| References | |
| TAC ME0414 | |
| Download: ML090500175 (4) | |
Text
March 19, 2009 Vice President, Operations Entergy Nuclear Operations, Inc.
Indian Point Energy Center 450 Broadway, GSB P.O. Box 249 Buchanan, NY 10511-0249
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR INDIAN POINT NUCLEAR GENERATING UNIT NO. 3 (TAC NO. ME0414)
Dear Sir or Madam:
By letter dated February 6, 2009, Entergy Nuclear Operations, Inc. (Entergy) submitted an affidavit dated February 4, 2009, executed by J.A. Gresham of the Westinghouse Electric Company, 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: WDI-TJ-1014, Revision 2, BMI Examination of Indian Point Penetrations, dated April 18, 2006.
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 from public disclosure is owned and has been held in confidence by Westinghouse.
(2)
The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse 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. The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.
(3)
The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.390, it is to be received in confidence by the Commission.
(4)
The information sought to be protected is not available in public sources or available information has not been previously employed in the same original manner or method to the best of our knowledge and belief.
(5)
The proprietary information sought to be withheld in this submittal is that which is appropriately marked in WDI-TJ-1014, Revision 2, BMI Examination of Indian Point Penetrations (Proprietary) dated April 18, 2006, being transmitted by Entergy Nuclear Northeast letter and Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk. The proprietary information as submitted by
Westinghouse for Indian Point Unit 3 is expected to be applicable for other licensee submittals in response to certain NRC [Nuclear Regulatory Commission] requirements for justification of examination techniques.
This information is part of that which will enable Westinghouse to:
(a)
Perform ultrasonic and eddy current examination of Bottom Mounted Instrument (BMI) tubes at Indian Point Unit 3.
Further this information has substantial commercial value as follows:
(a)
Westinghouse plans to sell the use of similar information to its customers for purposes of performing in-service examination of reactor vessel BMI tubes.
(b)
Westinghouse can sell support and defense of the examination technique contained in this document.
(c)
The information requested to be withheld reveals the distinguishing aspects of a methodology which was developed by Westinghouse.
Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar examinations and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.
The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.
In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended.
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 document WDI-TJ-1014, Revision 2, BMI Examination of Indian Point Penetrations (Proprietary) dated April 18, 2006, 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.
Please contact me at (301) 415-2901 if you have any questions on this matter.
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. 50-286 cc: See next page
Entergy Nuclear Operations, Inc.
cc:
J.A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P.O. Box 355 Pittsburgh, PA 15230-0355 Additional distribution via Listserv
ML090500175 OFFICE LPL1-1/PM LPL1-2/LA CVIB/BC LPL1-1/BC NAME JBoska ABaxter CFairbanks for MMitchell MKowal DATE 3/09/09 3/17/09 3/19/09 3/19/09