ML093030160
| ML093030160 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 11/05/2009 |
| From: | Boska J Plant Licensing Branch 1 |
| To: | Entergy Nuclear Operations |
| Boska J, NRR, 301-415-2901 | |
| References | |
| TAC ME1658 | |
| Download: ML093030160 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 5, 2009 Vice President, Operations Entergy Nuclear Operations, Inc.
Indian Point Energy Center 450 Broadway, GSB P.O. Box 249 Buchanan, NY 10511-0249
SUBJECT:
INDIAN POINT NUCLEAR GENERATING UNIT NO.2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO.
ME1658)
Dear Sir or Madam:
By letter dated September 24, 2009, Agencywide Documents Access and Management System (ADAMS) Accession No. ML092800242, Entergy Nuclear Operations, Inc. submitted two affidavits dated September 21 and September 22,2009, executed by J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing, Westinghouse Electric Company LLC, requesting that the information contained in Enclosures 2 and 4 to the September 24, 2009, letter be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:
Both affidavits stated that the submitted information should be considered exempt from mandatory public disclosure on the following basis:
Pursuant to the provisions of paragraph (b)(4) of Section 2.390 of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld.
The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
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.
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.
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 CRDM [control rod drive mechanism] head penetration flaw analyses.
- 2 (b)
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 calculations 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.
The NRC staff has 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, Enclosures 2 and 4 to "Response to Request for Additional Information Regarding Relief Request 09 For Fourth Ten-Year Inservice Inspection Interval (TAC No. ME1658) Indian Point Unit Number 2," dated September 24,2009, which are 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 Nuclear Regulatory Commission (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.
- 3 Please contact me at (301) 415-2901 if you have any questions on this issue.
Sincerely, J
n P. Boska, Senior Project Manager lant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-247 cc:
Mr. J. A. Gresham Manager, Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P. O. Box 355 Pittsburgh, Pennsylvania 15230-0355 Additional Distribution via Listserv
- 3 Please contact me at (301) 415-2901 if you have any questions on this issue.
Sincerely, IRA!
John P. Boska, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-247 cc:
Mr. J. A. Gresham Manager, Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P. O. Box 355 Pittsburgh, Pennsylvania 15230-0355 Additional Distribution via Listserv DISTRIBUTION:
PUBLIC RidsNrrDorlLpl1-1 RidsNrrPMlndianPoint RidsOGCMailCenter LPL1-1 Reading File RidsNrrLASLittie RidsAcrsAcnw_MaiICTR RidsNrrDorlDpr RidsRgn1 MailCenter RidsNrrDciCpnb ADAMS ACCESSION NO.: ML093030160 OFFICE LPL 1-1/PM LPL1-1/LA CPNB/BC LPL 1-1/BC NAME JBoska SLittie JTsao for TChan DPickett for NSalgado DATE 11/4/09 11/4/09 11/5/09 11/5/09 OFFICIAL RECORD COpy