ML12345A295

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Request for Withholding Information from Public Disclosure for Palisades Nuclear Plant - Request for Additional Information
ML12345A295
Person / Time
Site: Palisades 
Issue date: 12/20/2012
From: Mahesh Chawla
Plant Licensing Branch III
To:
Entergy Operations
Chawla M
References
TAC ME8074
Download: ML12345A295 (3)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 20, 2012 Vice President, Operations Entergy Nuclear Operations, Inc.

Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043-9530 SLlB..IECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR PALISADES NUCLEAR PLANT - REQUEST FOR ADDITIONAL INFORMATION (TAC NO. ME8074)

Dear Sir or Madam:

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated September 6,2012 (Agencywide Documents Access and Management Systems (ADAIVIS) Accession No. ML122541048), the Entergy Nuclear Operations, Inc. submitted a response to NRC's request for additional information for a license amendment request regarding replacement of spent fuel pool region I storage racks. This letter included an affidavit dated August 29, 2012, executed by Evrim K. Kalfazade 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: - Holtec International Proprietary Information - Response to Reactor Systems (SRXB) Item 4 The affidavit stated that the submitted information contained in the above documents is classified as proprietary for the reasons stated below:

(4) b.

Information which, if used by 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.

Additionally, the affidavit stated that the information was transmitted to the NRC in confidence, has been held in confidence, is of a type customarily held in confidence, and is not available in public sources.

The NRC staff has reviewed your application and the material in accordance with the requirements of 10 CFR 9.17 and 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the applicable portions of the documents 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.

- 2 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 301-415-8371.

Sincerely,

()~~f>tL-Mahesh Chawla, Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-255 cc: Mr. Evrim K. Kalfazade Holtec International Holtec Center 555 Lincoln Drive West Marlton, NJ 08053 Additional distribution via ListServ

ML12345A295 OFFICE NRR/LPL3-1/PM NRR/LPL3-1/LAit N RRlLPL3-2/LA SRXB/BC NRRlLPL3-11 NAME MChawla ELee SRohrer CJackson RCarlson DATE 12/12/12 12/11/12 12/12/12 12/17/12 12/20/12