ML093200363

Withholding Information from Public Disclosure, ME2401

ML093200363
Person / Time
Site:	Waterford
Issue date:	11/25/2009
From:	Kalyanam N Plant Licensing Branch IV
To:	Entergy Operations
Kalyanam N, NRR/DORL/LPL4, 415-1480
References
TAC ME2401
Download: ML093200363 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 25, 2009 Vice President of Operations Entergy Operations, Inc.

Waterford Steam Electric Station, Unit 3 17265 River Road Killona, LA 70057-3093 SUB~IECT: WATERFORD STEAM ELECTRIC STATION, UNIT 3 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME2401)

Dear Sir or Madam:

By letter dated November 2, 2009, you submitted an affidavit dated October 23, 2009, executed by Mr. J. A. Gresham of Westinghouse Electric Company LLC, 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:

WCAP-15815, Revision 1, "Structural Integrity Evaluation of Reactor Vessel Upper Head Penetrations to Support Continued Operation: Waterford Unit 3 and ANO Unit 2," (Proprietary).

The proprietary document is the Enclosure to the November 2, 2009, letter from Entergy Operations, Inc. (the licensee), to the U.S. Nuclear Regulatory Commission (NRC) for Waterford Steam Electric Station, Unit 3. The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(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.

(c) Its use by 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.

(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse/

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.

-2 Therefore, the WCAP-15815, Rev. 1, "Structural Integrity Evaluation of Reactor Vessel Upper Head Penetrations to Support Continued Operation: Waterford Unit 3 and ANO Unit 2," dated March 2002, 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 301-415-1480 or by electronic mail at kaly.kalyanam@nrc.gov.

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

ML093200363 OFFICE DORLlLPL4/PM DORLlLPL4/LA DCI/CPNB/BC DORLlLPL4/BC DORLlLPL4/PM NAME NKalyanam JBurkhardt TChan MMarkley NKalyanam DATE 11/17109 11/17109 11/23/09 11/25/09 11/25/09