ML102730731

Request for Withholding Information from Public Disclosure, 9/28/2010 Affidavit Executed by J. Harrison, GE-Hitachi Nuclear Energy Americas LLC

ML102730731
Person / Time
Site:	Grand Gulf
Issue date:	10/14/2010
From:	Lyon C Plant Licensing Branch IV
To:	Entergy Operations
Lyon C Fred, NRR/DORL/LPL4, 301-415-2296
References
TAC ME2531
Download: ML102730731 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 14, 2010 Vice President, Operations Entergy Operations, Inc.

Grand Gulf Nuclear Station P.O. Box 756 Port Gibson, MS 39150 SUB..IECT:

GRAND GULF NUCLEAR STATION, UNIT 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME2531)

Dear Sir or Madam:

By letter dated September 29, 2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML102810306), Entergy Operations, Inc. (Entergy), submitted an affidavit dated September 28, 2010, executed by James F. Harrison, GE-Hitachi Nuclear Energy Americas LLC (GEH), 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: of GEH letter GG-PRNM-168777-EC081, Edward Cooper (GEH) to Jon Langberg (Entergy), "GEH Response to Request for Additional Information

1. 8," dated September 28, 2010.

The information is included in Attachment 1 to Entergy's letter dated September 29,2010. A nonproprietary version of this document, designated as Attachment 3 to Entergy's letter dated September 29, 2010, has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the ADAMS Public Electronic Reading Room.

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

The information...is classified as proprietary because it contains details regarding the Nuclear Measurement Analysis and Control Power Range Neutron (NUMAC PRNM) Retrofit Plus Option III Stability Trip Function.

Development of the NUMAC PRNM, and information related to the design, modification, analyses methodologies and processes related to the NUMAC PRNM was achieved at a significant cost to GEH. The development of the evaluation process along with the interpretation and application of the analytical results is derived from the extensive database that constitutes a major GEH asset.

Public disclosure of the information sought to be withheld is likely to cause substantial harm to GEH's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of GEH's comprehensive BWR [boiling-water reactor] safety and

- 2 technology base, and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation process. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods.

The research, development, engineering, analytical and NRC review costs comprise a substantial investment oftime and money by GEH. The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial. GEH's competitive advantage will be lost if its competitors are able to use the results of the GEH experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.

The value of this information to GEH would be lost if the information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive GEH of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing and obtaining these very valuable analytical tools.

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.

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.

- 3 If you have any questions, please contact me at 301-415-2296 or via e-mail at fred.lyon@nrc.gov.

Sincerely, GYv" WI ~0' Carl. F. Lyon, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-416 cc: Distribution via Listserv

- 3 If you have any questions, please contact me at 301-415-2296 or via e-mail at fred.lyon@nrc.gov.

Sincerely,

/RA by Alan Wang forI Carl. F. Lyon, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-416 cc: Distribution via Listserv DISTRIBUTION:

PUBLIC LPLIV r/f RidsAcrsAcnw_MailCTR Resource RidsNrrDorlLpl4 Resource RidsNrrLAJBurkhardt Resource RidsNrrPMGrandGulf Resource RidsOgcRp Resource RidsRgn4MailCenter Resource RidsNrrDeEicb Resource ADAMS Accession No* ML102730731 OFFICE LPL4/PM LPL4/LA DE/ErCB/BC LPL4/BC LPL4/PM NAME FLyon JBurkhardt WKemper MMarkley FLyon LWilkins for DATE 10/4/10 10/1/10 10/4/10 10/8/10 10/14/10