Letter Sequence Withholding Request Acceptance |
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MONTHYEARML0919401782009-07-0101 July 2009 Rev. 1 to Holtec Report HI-2094289, Licensing Report on the Inter-Unit Transfer of Spent Nuclear Fuel at the Indian Point Energy Center. Project stage: Request NL-09-076, Application for Unit 2 Operating License Condition Change and Units 2 and 3 Technical Specification Changes to Add Inter-Unit Spent Fuel Transfer Requirements2009-07-0808 July 2009 Application for Unit 2 Operating License Condition Change and Units 2 and 3 Technical Specification Changes to Add Inter-Unit Spent Fuel Transfer Requirements Project stage: Request NL-09-100, Response to Request for Supplemental Information Regarding the Spent Fuel Transfer License Amendment Request2009-09-28028 September 2009 Response to Request for Supplemental Information Regarding the Spent Fuel Transfer License Amendment Request Project stage: Supplement NL-09-141, Submittal of Response to Request for Supplemental Information Regarding the Spent Fuel Transfer License Amendment2009-10-26026 October 2009 Submittal of Response to Request for Supplemental Information Regarding the Spent Fuel Transfer License Amendment Project stage: Supplement ML0930206032009-11-12012 November 2009 Request for Withholding Information from Public Disclosure Project stage: Withholding Request Acceptance ML0920902892010-01-0404 January 2010 Individual Notice of Consideration of Issuance of Amendment to Facility Operating License and Opportunity for Hearing, and Order Imposing Procedures for Access to SUNSI Project stage: Other ML1030801132010-10-0101 October 2010 Enclosure 1 to NL-10-122, Holtec International Licensing Report HI-2094289, Rev. 3, Licensing Report for Transfer of IP-3 Fuel to IP-2 Project stage: Other NL-10-093, Response to Request for Additional Information Re Inter-Unit Spent Fuel Transfer License Amendment Request2010-10-0505 October 2010 Response to Request for Additional Information Re Inter-Unit Spent Fuel Transfer License Amendment Request Project stage: Response to RAI NL-10-122, Response to Request for Additional Information Regarding the Inter-Unit Spent Fuel Transfer License Amendment Request - Submittal of Non Proprietary Holtec Report HI-20942892010-10-28028 October 2010 Response to Request for Additional Information Regarding the Inter-Unit Spent Fuel Transfer License Amendment Request - Submittal of Non Proprietary Holtec Report HI-2094289 Project stage: Response to RAI ML1029805382010-11-16016 November 2010 ME1671, ME1672, & L24299 - Proprietary Information Determination Letter for Withholding Information from Public Disclosure RAI Responses Dated October 5, 2010 Project stage: RAI ML1112502382011-05-0909 May 2011 Summary of Category 1 Public Meeting with Entergy on the Transfer of Spent Fuel from Unit 3 to Unit 2 at Indian Point Nuclear Generating Unit Nos. 2 and 3 (TAC Nos. ME1671, ME1672, and L24299) Project stage: Meeting NL-11-052, Response to Request for Additional Information Regarding the Inter-Unit Spent Fuel Transfer License Amendment Request (TAC Nos. ME1671, ME1672, and L24299)2011-07-28028 July 2011 Response to Request for Additional Information Regarding the Inter-Unit Spent Fuel Transfer License Amendment Request (TAC Nos. ME1671, ME1672, and L24299) Project stage: Response to RAI ML11243A1742011-08-23023 August 2011 Response to Request for Additional Information Regarding the Inter-Unit Spent Fuel Transfer License Amendment Request - Submittal of Non Proprietary Holtec Reports Project stage: Response to RAI NL-11-100, Request for Additional Information Regarding Spent Fuel Transfer2011-08-23023 August 2011 Request for Additional Information Regarding Spent Fuel Transfer Project stage: Request ML11243A2202011-08-23023 August 2011 HI-2094289, Revision 4, Licensing Report on the Inter-Unit Transfer of Spent Nuclear Fuel at the Indian Point Energy Center, Enclosure 2 to NL-11-100 Project stage: Other ML1126506412011-09-28028 September 2011 Request for Additional Information Regarding Amendment Application for Inter-Unit Spent Fuel Transfer (TAC Nos. mE1671, ME1672, and L24299) Project stage: RAI NL-11-118, Response to Request for Additional Information Regarding the Inter-Unit Spent Fuel Transfer License Amendment Request2011-10-28028 October 2011 Response to Request for Additional Information Regarding the Inter-Unit Spent Fuel Transfer License Amendment Request Project stage: Response to RAI ML11327A0462011-10-28028 October 2011 Attachment 1 to NL-11-118 - Response to Request for Additional Information (Non-Proprietary) Project stage: Response to RAI ML1127701542011-10-31031 October 2011 Request for Withholding Information from Public Disclosure (TAC ME1671, ME1672, and L24299) Project stage: Withholding Request Acceptance ML1131301962011-11-0909 November 2011 Request for Additional Information Regarding Amendment Application for Inter-Unit Spent Fuel Transfer (TAC Nos. ME1671, ME1672, and L24299) Project stage: RAI ML1130703802011-12-0505 December 2011 Request for Withholding Information from Public Disclosure (TAC Nos. ME1671, ME1672, and L24299) Project stage: Withholding Request Acceptance NL-11-130, Response to Request for Additional Information Regarding the Inter-Unit Spent Fuel Transfer License Amendment Request (TAC Nos. ME1671, ME1672, and L24299)2011-12-15015 December 2011 Response to Request for Additional Information Regarding the Inter-Unit Spent Fuel Transfer License Amendment Request (TAC Nos. ME1671, ME1672, and L24299) Project stage: Response to RAI ML12040A3092012-01-11011 January 2012 Response to Request for Additional Information Regarding Inter-Unit Spent Fuel Transfer License Amendment Request - Submittal of Non-Proprietary Holtec Report Project stage: Response to RAI NL-12-007, Response to Request for Additional Information Regarding the Inter-Unit Spent Fuel Transfer License Amendment Request (TAC Nos. ME1671, ME1672, and L24299)2012-03-0202 March 2012 Response to Request for Additional Information Regarding the Inter-Unit Spent Fuel Transfer License Amendment Request (TAC Nos. ME1671, ME1672, and L24299) Project stage: Response to RAI NL-12-0471, Supplemental Information Regarding the Inter-Unit Spent Fuel Transfer License Amendment Request (TAC Nos. ME1671, ME1672, and L24299)2012-04-23023 April 2012 Supplemental Information Regarding the Inter-Unit Spent Fuel Transfer License Amendment Request (TAC Nos. ME1671, ME1672, and L24299) Project stage: Supplement NL-12-064, Supplemental Information Regarding the Inter-Unit Spent Fuel Transfer, License Amendment Request - Submittal of Non Proprietary Holtec Report2012-05-0707 May 2012 Supplemental Information Regarding the Inter-Unit Spent Fuel Transfer, License Amendment Request - Submittal of Non Proprietary Holtec Report Project stage: Supplement ML12137A2012012-05-0707 May 2012 Licensing Report on the Inter-Unit Transfer of Spent Nuclear Fuel at the Indian Point Energy Center, Enclosure 1 to NL-12-064 Project stage: Request NL-12-074, Draft Safety Evaluation for License Amendment Request Inter-Unit Spent Fuel Transfer (TAC Nos. ME1671, ME1672, and L24299)2012-05-21021 May 2012 Draft Safety Evaluation for License Amendment Request Inter-Unit Spent Fuel Transfer (TAC Nos. ME1671, ME1672, and L24299) Project stage: Draft Request ML12150A3832012-06-25025 June 2012 Request for Withholding Information from Public Disclosure (TAC Nos. ME1671, ME1672, and L24299) Project stage: Withholding Request Acceptance ML12153A1962012-06-25025 June 2012 Request for Withholding Information from Public Disclosure Project stage: Withholding Request Acceptance ML1207405502012-07-0505 July 2012 Environmental Assessment and Finding of No Significant Impact (TAC Nos. ME1671, ME1672, and L24299) Project stage: Other 2011-11-09
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Category:Letter
MONTHYEARML24011A1982024-01-12012 January 2024 ISFSI, Notice of Organization Change for Site Vice President ML23342A1082024-01-0909 January 2024 Independent Spent Fuel Storage Installation Security Inspection Plan ML23353A1742023-12-19019 December 2023 ISFSI, Emergency Plan, Revision 23-04 L-23-019, Proof of Financial Protection 10 CFR 140.152023-12-18018 December 2023 Proof of Financial Protection 10 CFR 140.15 ML23339A0442023-12-0505 December 2023 Issuance of Amendment No. 68, 301 and 277 Regarding Changes to Implement the Independent Spent Fuel Storage Installation Physical Security Plan ML23326A1322023-12-0505 December 2023 Issuance of Amendment No. 67, 300 & 276 to Implement the Independent Spent Fuel Storage Installation Only Emergency Plan ML23338A2262023-12-0404 December 2023 Signed Amendment No. 27 to Indemnity Agreement No. B-19 ML23356A0212023-12-0101 December 2023 American Nuclear Insurers, Secondary Financial Protection (SFP) Program ML23242A2772023-11-30030 November 2023 NRC Letter Issuance - IP LAR for Units 2 and 3 Renewed Facility Licenses and PDTS to Reflect Permanent Removal of Spent Fuel from SFPs ML23338A0482023-11-30030 November 2023 ISFSI, Report of Changes to Physical Security, Training and Qualification, Safeguards Contingency Plan, and ISFSI Security Program, Revision 28 ML22339A1572023-11-27027 November 2023 Letter - Indian Point - Ea/Fonsi Request for Exemptions from Certain Emergency Planning Requirements for 10 CFR 50.47 and 10 CFR Part 50, Appendix E IR 05000003/20230032023-11-21021 November 2023 NRC Inspection Report Nos. 05000003/2023003, 05000247/2023003, 05000286/2023003, and 07200051/2023003 ML23100A1172023-11-17017 November 2023 NRC Response - Indian Point Energy Center Generating Units 1, 2, and 3 Letter with Enclosures Regarding Changes to Remove the Cyber Security Plan License Condition ML23050A0032023-11-17017 November 2023 Letter - Issuance Indian Point Unit 2 License Amendment Request to Modify Tech Specs for Staffing Requirements Following Spent Fuel Transfer to Dry Storage ML23100A1252023-11-17017 November 2023 Letter and Enclosure 1 - Issuance Indian Point Energy Center Units 1, 2, and 3 Exemption for Offsite Primary and Secondary Liability Insurance Indemnity Agreement ML23100A1432023-11-16016 November 2023 Letter - Issuance Indian Point Energy Center Generating Units 1, 2, and 3 Exemption Concerning Onsite Property Damage Insurance (Docket Nos. 50-003, 50-247, 50-286) ML23064A0002023-11-13013 November 2023 NRC Issuance for Approval-Indian Point EC Units 1, 2 and 3 Emergency Plan and Emergency Action Level Scheme Amendments L-23-012, Master Decommissioning Trust Agreement Changes for Indian Point Nuclear Generating Units 1, 2 and 3, Pilgrim Nuclear Power Station, Palisades Nuclear Plant and the Non-Qualified Trust for Big Rock Point2023-11-13013 November 2023 Master Decommissioning Trust Agreement Changes for Indian Point Nuclear Generating Units 1, 2 and 3, Pilgrim Nuclear Power Station, Palisades Nuclear Plant and the Non-Qualified Trust for Big Rock Point ML23306A0992023-11-0202 November 2023 and Indian Point Energy Center, Notification of Changes in Schedule in Accordance with 10 CFR 50.82(a)(7) ML23063A1432023-11-0101 November 2023 Letter - Issuance Holtec Request for Indian Point Energy Center Generating Units 1, 2, and 3 Exemptions from Certain Emergency Planning Requirements of 10 CFR 50.47 and Part 50 ML23292A0262023-10-19019 October 2023 LTR-23-0211-RI Thomas Congdon, Executive Deputy, Department of Public Service, Chair, Indian Point Decommissioning Oversight Board, Letter Independent Spent Fuel Storage Installation Inspection and Office of the Inspector General Report-RI ML23289A1582023-10-16016 October 2023 Decommissioning International - Registration of Spent Fuel Casks and Notification of Permanent Removal of All Indian Point Unit 3 Spent Fuel Assemblies from the Spent Fuel Pit ML23270A0082023-09-27027 September 2023 Registration of Spent Fuel Casks ML23237A5712023-09-22022 September 2023 09-22-2023 Letter to Dwaine Perry, Chief, Ramapo Munsee Nation, from Chair Hanson, Responds to Letter Regarding Opposition of the Release and Dumping of Radioactive Waste from Indian Point Nuclear Power Plant Into the Hudson River ML23242A2182023-09-12012 September 2023 IPEC NRC Response to the Town of New Windsor, Ny Board Certified Motion Letter Regarding Treated Water Release from IP Site (Dockets 50-003, 50-247, 50-286) ML23250A0812023-09-0707 September 2023 Registration of Spent Fuel Casks ML23255A0142023-08-31031 August 2023 LTR-23-0211 Thomas Congdon, Executive Deputy, Department of Public Service, Chair, Indian Point Decommissioning Oversight Board, Letter Independent Spent Fuel Storage Installation Inspection and Office of the Inspector General Report IR 05000003/20230022023-08-22022 August 2023 NRC Inspection Report 05000003/2023002, 05000247/2023002, 05000286/2023002, and 07200051/2023002 ML23227A1852023-08-15015 August 2023 Request for a Revised Approval Date Regarding the Indian Point Energy Center Permanently Defueled Emergency Plan and Emergency Action Level Scheme ML23222A1442023-08-10010 August 2023 Registration of Spent Fuel Casks ML23208A1642023-07-26026 July 2023 Village of Croton-on-Hudson New York Letter Dated 7-26-23 Re Holtec Wastewater ML23200A0422023-07-19019 July 2023 Registration of Spent Fuel Casks ML23235A0602023-07-17017 July 2023 LTR-23-0194 Dwaine Perry, Chief, Ramapo Munsee Nation, Ltr Opposition of the Release and Dumping of Radioactive Waste from Indian Point Nuclear Power Plant Into the Hudson River ML23194A0442023-07-11011 July 2023 Clarification for Indian Point Energy Center License Amendment Request, Independent Spent Fuel Storage Installation Physical Security Plan ML23192A1002023-07-11011 July 2023 Response to Request for Additional Information Regarding License Amendment Request to Revise the Emergency Plan and Emergency Action Level Scheme ML23171B0432023-06-23023 June 2023 Letter - Indian Point Energy Center - Request for Additional Information for Independent Spent Fuel Storage Installation Facility-Only Emergency Plan License Amendment ML23118A0972023-06-0606 June 2023 06-06-23 Letter to the Honorable Michael V. Lawler, Et Al., from Chair Hanson Regarding Holtec'S Announcement to Expedite Plans to Release Over 500,000 Gallons of Radioactive Wastewater from Indian Point Energy Center Into the Hudson River ML23144A3512023-05-25025 May 2023 Clementina Bartolotta of Pearl River, New York Email Against Treated Water Release from Indian Point Site ML23144A3522023-05-25025 May 2023 Loredana Bidmead of New York E-Mail Against Treated Water Release from Indian Point Site ML23144A3412023-05-25025 May 2023 Dianne Schirripa of Rockland County, New York Email Against Treated Water Release from Indian Point Site ML23144A3472023-05-25025 May 2023 David Mart of Blauvelt, New York Email Against Treated Water Release from Indian Point Site ML23144A3402023-05-25025 May 2023 Melvin Israel of New York Email Against Treated Water Release from Indian Point Site ML23144A3542023-05-25025 May 2023 Terri Thal of New City, New York Email Against Treated Water Release from Indian Point Site ML23144A3532023-05-25025 May 2023 John Shaw of New York Email Against Treated Water Release from Indian Point Site 2024-01-09
[Table view] Category:Proprietary Information Review
MONTHYEARML21060B6022021-03-11011 March 2021 Request for Withholding Information from Public Disclosure ML20184A0012020-07-0606 July 2020 Request for Withholding Information from Public Disclosure ML20026A0012020-02-11011 February 2020 Request for Withholding Information from Public Disclosure ML20012H1732020-01-13013 January 2020 Request for Withholding Information from Public Disclosure ML18171A0462018-06-29029 June 2018 Request for Withholding Information from Public Disclosure (Westinghouse) ML18171A0342018-06-29029 June 2018 Request for Withholding Information from Public Disclosure (Holtec) ML17316A0022017-11-27027 November 2017 Request for Withholding Information from Public Disclosure (CAC Nos. MF8991 and MF8992; EPID: L-2016-LLA-0039) ML17316A0012017-11-27027 November 2017 Request for Withholding Information from Public Disclosure (CAC Nos. MF8991 and MF8992; EPID: L-2016-LLA-0039) ML17316A0002017-11-27027 November 2017 Request for Withholding Information from Public Disclosure (CAC Nos. MF8991 and MF8992; EPID: L-2016-LLA-0039) ML16211A0592016-10-21021 October 2016 Request for Withholding Information from Public Disclosure ML16020A2192016-02-17017 February 2016 Request for Withholding Information from Public Disclosure for Indian Point Unit Nos. 2 and 3 ML15288A1402015-12-0404 December 2015 Request for Withholding Information from Public Disclosure ML15288A4022015-12-0404 December 2015 Request for Withholding Information from Public Disclosure ML15288A2122015-12-0404 December 2015 Request for Withholding Information from Public Disclosure ML15230A4102015-09-19019 September 2015 Request for Withholding Information from Public Disclosure ML15083A0792015-04-17017 April 2015 Request for Withholding Information from Public Disclosure for Shutdown Margin Confirmation ML14217A2062014-08-14014 August 2014 Respect for Withholding Information from Public Disclosure ML14119A0732014-06-18018 June 2014 Staff Assessment of the Flooding Walkdown Report Supporting Implementation of Near-Term Task Force Recommendation 2.3 Related to the Fukushima DAI-ICHI Nuclear Power Plant Accident ML14139A3592014-06-17017 June 2014 Issuance of Amendments Request for Withholding Information from Public Disclosure ML14139A3962014-06-17017 June 2014 Request for Withholding Information from Public Disclosure ML13298A7082013-11-13013 November 2013 Request for Withholding Information from Public Disclosure Regarding License Amendment Request Concerning Pressure-Temperature Limits and Low Temperature Over-Pressure Protection Requirements for Indian Point Nuclear Generating Unit No. 2 ( ML12150A3832012-06-25025 June 2012 Request for Withholding Information from Public Disclosure (TAC Nos. ME1671, ME1672, and L24299) ML12153A1962012-06-25025 June 2012 Request for Withholding Information from Public Disclosure ML1134001842012-01-13013 January 2012 Request for Withholding Information from Public Disclosure ML1130703802011-12-0505 December 2011 Request for Withholding Information from Public Disclosure (TAC Nos. ME1671, ME1672, and L24299) ML1127701542011-10-31031 October 2011 Request for Withholding Information from Public Disclosure (TAC ME1671, ME1672, and L24299) ML1001908342010-01-22022 January 2010 Entergy Nuclear Operations, Inc. - Request for Withholding Information from Public Disclosure for Extension of Orders Approving Indirect Transfer of Control of Licenses (TAC Nos. ME2515 Through ME2522) ML0930206032009-11-12012 November 2009 Request for Withholding Information from Public Disclosure ML0736500192008-01-0707 January 2008 Entergy Nuclear Operations, Inc.-Request for Withholding Information from Public Disclosure for Indirect Transfer of Control of Licenses (TAC Nos. MD6178 Through MC6185) ML0727500322007-10-11011 October 2007 Entergy Nuclear Operations, Inc. - Request for Withholding Information from Public Disclosure for Indirect Transfer of Control of Licenses (TAC Nos. MD6178 Through MD6185) ML0610703002006-04-20020 April 2006 Westinghouse Electric Company, Request for Withholding Information from Public Disclosure for Indian Point Nuclear Generating Unit No. 2 ML0508101892005-03-23023 March 2005 (IP3), Withholding from Public Disclosure, Polestar-prepared Calculation, Psat 3056CT.QA.04, Calculation of Indian Point 3 Engineered Safety Feature Component Leakage Iodine Release with Boundary Layer Effect, Rev. 1 ML0426703652004-09-23023 September 2004 Westinghouse Electric Company, Request for Withholding Information from Public Disclosure ML0411400692004-04-23023 April 2004 Westinghouse Electric Company, Request for Withholding Information from Public Disclosure ML0320200092003-07-21021 July 2003 Withholding from Public Disclosure, Wcobra/Trac Computer Code and Related Material ML0316209792003-06-11011 June 2003 Caldon, Inc., Request for Withholding Information from Public Disclosure. ML0304501082003-02-13013 February 2003 Westinghouse Electric Company, Request for Withholding Information from Public Disclosure for Indian Point, Unit No. 2 ML0303101292003-01-31031 January 2003 Westinghouse Electric Company, Request for Withholding Information from Public Disclosure ML0232905142002-11-25025 November 2002 Westinghouse Electric Company, Request for Additional Information for Withholding from Public Disclosure for Indian Point Nuclear Generating Unit 3 ML0232904732002-11-25025 November 2002 Caldon, Inc., Request for Withholding Information from Public Disclosure for Indian Point Nuclear Generating Unit No. 3 ML0220507412002-08-15015 August 2002 Request for Withholding Information in Westinghouse WCAP-15902-P, Rev. 0 from Public Disclosure 2021-03-11
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 5, 2011 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 NOS. 2 AND 3 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. ME1671, ME1672, AND L24299)
Dear Sir or Madam:
By letter dated October 28,2011 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML11327A045), Entergy Nuclear Operations, Inc. submitted an affidavit dated October 27, 2011, executed by Tammy Morin of Holtec International, 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:
Enclosure 1 to the letter from Mr. J. Pollock, Site Vice President, dated October 28,2011, "Indian Point Nuclear Power Plant Units 2 and 3, Response to Request for Additional Information Regarding the Inter-Unit Spent Fuel Transfer License Amendment Request (TAC Nos. ME1671, ME1672, and L24299)."
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(3) In making this application for withholding of proprietary information of which it is the owner, Holtec International relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC Sec. 552(b)(4} and the Trade Secrets Act, 18 USC Sec. 1905, and NRC regulations 10 CFR Part 9.17(a}(4}, 2.390(a}(4), and 2.390(b)(1} for "trade secrets and commercial or financial information obtained from a person and privileged or confidential" (Exemption 4). The material for which exemption from disclosure is here sought is all "confidential commercial information", and some portions also qualify under the narrower definition of "trade secret", within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Energy Project v. Nuclear Regulatory Commission, 975F2d871 (DC Cir. 1992),
and Public Citizen Health Research Group v. FDA, 704F2d1280 (DC Cir.
1983).
(4) Some examples of categories of information which fit into the definition of proprietary information are:
- a. Information that discloses a process, method, or apparatus, including
-2 supporting data and analyses, where prevention of its use by Holtec's competitors without license from Holtec International constitutes a competitive economic advantage over other companies;
- b. Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.
- c. Information which reveals cost or price information, production, capacities, budget levels, or commercial strategies of Holtec International, its customers, or its suppliers;
- d. Information which reveals aspects of past, present, or future Holtec International customer-funded development plans and programs of potential commercial value to Holtec International;
- e. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs 4.a, and 4.b, above.
(5) The information sought to be withheld is being. submitted to the NRC in confidence. The information (including that compiled from many sources) is of a sort customarily held in confidence by Holtec International, and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by Holtec International. No public disclosure has been made, and it is not available in public sources. All disclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence. Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in paragraphs (6) and (7) following.
(6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge. Access to such documents within Holtec International is limited on a "need to know" basis.
(7) The procedure for approval of external release of such a document typically requires review by the staff manager, project manager, principal scientist or other equivalent authority, by the manager of the cognizant marketing function (or his designee), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary deSignation. Disclosures outside Holtec International are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.
- 3 (8) The information classified as proprietary was developed and compiled by Holtec International at a significant cost to Holtec International. This information is classified as proprietary because it contains detailed descriptions of analytical approaches and methodologies not available elsewhere. This information would provide other parties, including competitors, with information from Holtec International's technical database and the results of evaluations performed by Holtec International.
A substantial effort has been expended by Holtec International to develop this information. Release of this information would improve a competitor's position because it would enable Holtec's competitor to copy our technology and offer it for sale in competition with our company, causing us financial injury.
(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to Holtec International's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of Holtec International's comprehensive spent fuel storage 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.
The research, development, engineering, and analytical costs comprise a substantial investment of time and money by Holtec International.
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.
Holtec International's competitive advantage will be lost if its competitors are able to use the results of the Holtec International 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 Holtec International 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 Holtec International of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.
-4 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, Enclosure 1 to the letter from Mr. J. E. Pollock, Site Vice President, dated October 28, 2011, "Indian Point Nuclear Power Plant Units 2 and 3 Response to Request for Additional Information regarding the Inter-Unit Spent Fuel Transfer License Amendment Request (TAC Nos. ME1671, ME1672, and L24299)," which is 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.
Please contact me at (301) 415-2901 if you have any questions on this issue.
Sincerely,
~:~ka~rOject Plant Licensing Branch 1-1 Manager Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286 cc: Ms. Tammy Morin Holtec International 555 Lincoln Drive West Marlton, NJ 08053 Additional Distribution via Listserv
-4 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, Enclosure 1, Letter from Mr. J. E. Pollock, Site Vice President, dated October 28, 2011, "Indian Point Nuclear Power Plant Units 2 and 3 Response to Request for Additional Information regarding the Inter-Unit Spent Fuel Transfer License Amendment Request (TAC Nos. ME1671, ME1672, and L24299)," which is 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.
Please contact me at (301) 415-2901 if you have any questions on this issue.
Sincerely,
/ra!
John P. Boska, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286 cc: Ms. Tammy Morin Holtec International 555 Uncoln Drive West Marlton, NJ 08053 Additional Distribution via Ustserv DISTRIBUTION:
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