ML13155A504

IP2-32-390 Request to Withhold-NL-12-166

ML13155A504
Person / Time
Site:	Indian Point
Issue date:	06/11/2013
From:	Daily J Division of License Renewal
To:	Entergy Nuclear Operations
John Daily 301-415-3873
References
TAC MD5407, TAC MD5408
Download: ML13155A504 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 June 11, 2013 Vice President, Operations Entergy Nuclear Operations, Inc.

Indian Point Energy Center 450 Broadway, GSB P.O. Box 249 Buchanan, NY 10511-0249

SUBJECT:

REPLY TO REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE FOR THE INDIAN POINT NUCLEAR GENERATING UNIT NOS. 2 AND 3, REGARDING LICENSE RENEWAL APPLICATION, SET 2012-03 (TAC NOS.

MD5407 AND MD5408)

Dear Sir or Madam:

By letter dated November 20, 2012, Entergy Nuclear Operations, Inc. (Entergy) submitted its reply to NRC's "Request for Additional Information for the Review of The Indian Point Nuclear Generating Unit Nos. 2 and 3, License Renewal Application, Set 2012-03," dated October 16, 2012. As part of this reply, Entergy submitted an affidavit, "Application for Withholding Proprietary Information from Public Disclosure," executed by James R. Gresham, requesting that the information deemed proprietary and included in Attachments 1 and 2 be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.

The request states that "Attachments 1 and 3 include information deer:ned proprietary to [the]

entity that is providing support to Entergy" in the Request for Additional Information response.

The letter also states that Attachment 4 contains a 10 CFR 2.390 affidavit executed by the owner of the information requesting the withholding.

We have reviewed your request 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 information referred to in Attachments 1 and 2 of your November 20,2012, submittal, 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.

- 2 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.

If you have any questions regarding this matter, please contact me at 301-415-3873, or via e-mail at John.Daily@nrc.gov.

Sincerely, John Daily, Senior Project Man ger Projects Branch 1 Division of License Renewal Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286 cc: Listserv

-2 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.

If you have any questions regarding this matter, please contact me at 301-415-3873, or via e-mail at John. Daily@nrc.gov.

Sincerely, IRA!

John Daily, Senior Project lVIanager Projects Branch 1 Division of License Renewal Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286 cc: Listserv DISTRIBUTION: See next page ADAMS Accession No. ML13155A504

• concurred via email OFFICE LA: DLR/RPB1*

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Letter to Vice President of Operations from John Daily dated June 11, 2013

SUBJECT:

REPLY TO REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR THE INDIAN POINT NUCLEAR GENERATING UNIT NOS. 2 AND 3, REGARDING LICENSE RENEWAL APPLICATION, SET 2012~03 (TAC NOS. MD5407 AND MD5408)

DISTRIBUTION:

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