ML103470586

Request for Withholding Information from Public Disclosure, 11/19/10 Affidavit Executed by E. Schrull, GE-Hitachi, Regarding NEDC-33621P

ML103470586
Person / Time
Site:	Grand Gulf
Issue date:	01/05/2011
From:	Wang A Plant Licensing Branch IV
To:	Entergy Operations
Wang, A B, NRR/DORL/LPLIV, 415-1445
References
TAC ME4679
Download: ML103470586 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 5, 2011 Vice President, Operations Entergy Operations, Inc.

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

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR GRAND GULF NUCLEAR STATION, UNIT 1 (TAC NO. ME4679)

Dear Sir or Madam:

By letter dated November 23, 2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML103330093), you submitted an affidavit dated November 19, 2010, executed by Edward D. Schrull, 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:

NEDC-33621 P, "Grand Gulf Nuclear Station, Fuel Storage Criticality Safety Analysis of Spent and New Fuel Storage Racks," Revision 0, dated November 2010.

The proprietary version of the document and the GEH affidavit are Attachments 2 and 4, respectively, to the letter dated November 23,2010, from Entergy Operations, Inc., to the U.S. Nuclear Regulatory Commission (NRC), for the Grand Gulf Nuclear Station, Unit 1.

A nonproprietary copy of NEDC-33621 P, provided as Attachment 3 and designated as NEDO-33621, Revision 0, has been placed in the NRC's Public Document Room and added to the ADAMS Public Electronic Reading Room under ADAMS Accession No. ML103330092.

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 GEH's competitors without license from GEH constitutes a competitive economic advantage over GEH and/or other companies.

b.

Information that, if used by a competitor, would reduce their expenditure of resources or improve their 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

- 2 submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the NEDC-33621 P, "Grand Gulf Nuclear Station, Fuel Storage Criticality Safety Analysis of Spent and New Fuel Storage Racks," Revision 0, 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, please contact me at 301-415-1445 or via e-mail at alan.wang@nrc.gov.

Sincerely,

~w Alan Wang, p~ger Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-416 cc:

Edward D. Schrull Vice President, Regulatory Affairs Services Licensing GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Rd.

Wilmington, NC 28401 Additional Distribution via Listserv

- 2 submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the NEDC-33621 P, "Grand Gulf Nuclear Station, Fuel Storage Criticality Safety Analysis of Spent and New Fuel Storage Racks," Revision 0, 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, please contact me at 301-415-1445 or via e-mail at alan.wang@nrc.gov.

Sincerely, IRA!

Alan Wang, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-416 cc:

Edward D. Schrull Vice President, Regulatory Affairs Services Licensing GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Rd.

Wilmington, NC 28401 Additional Distribution via Listserv DISTRIBUTION:

PUBLIC RidsNrrLAJBurkhardt Resource LPLIV r/t RidsNrrPMGrandGult Resource RidsAcrsAcnw_MailCTR Resource RidsOgcRp Resource RidsNrrDciCvib Resource RidsRgn4MailCenter Resource RidsNrrDorlLpl4 Resource ADAMS Accession No ML103470586 OFFICE NRR/LPL4/PM NRR/LPL4/LA NRR/DSSI/SXRB/BC NRR/LPL4/BC NRR/LPL4/PM NAME AWang JBurkhardt TUlses MMarkley AWang DATE 12/20/10 12/16/10 12/28/10 1/4/11 1/5/11 OFFICIAL RECORD COpy