ML14139A396
| ML14139A396 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 06/17/2014 |
| From: | Pickett D Plant Licensing Branch 1 |
| To: | Entergy Nuclear Operations |
| Pickett D, NRR/DORL/LPLI-1 | |
| References | |
| TAC MF3369 | |
| Download: ML14139A396 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Vice President, Operations Entergy Nuclear Operations, Inc.
Indian Point Energy Center 450 Broadway, GSB P.O. Box 249 Buchanan, NY 10511-0249 June 17, 2014
SUBJECT:
INDIAN POINT NUCLEAR GENERATING UNIT NO 2-REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO.
MF3369)
Dear Sir or Madam:
By letter dated April 2, 2014 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML14107A042), you submitted an affidavit dated March 27, 2014, executed by Mr. James A. Gresham, Manager Regulatory Compliance of Westinghouse El~ctric Company, requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (1 0 CFR), Part 2, Section 2.390:
L TR-SGMP-14-22 P-Attachment, Revision 0, "Acceptable Value of the Location of the Bottom of the Expansion Transition (BET) for Implementation of H* at Indian Point Unit 2," March 2014 (Proprietary)
A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the NRC Library at ADAMS Accession No. ML14107A043.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
Pursuant to the provisions of paragraph (b)(4) of Section 2.390 of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld.
(i) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
(ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The application of that system and the substance of that system constitute Westinghouse policy and provide the rational basis required.
Under that system, information is held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage, as follows:
(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.
(b) It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.
(c) Its use 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 a similar product.
(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westing house.
(f) It contains patentable ideas, for which patent protection may be desirable.
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 of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 1 03(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 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 301-415-1364.
Docket No. 50-247 cc:
Distribution via Listserv Sincerely, Douglas V. Pickett, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
ML14139A396 OFFICE LPL 1-1/PM LPL 1-1/LA NAME DPickett KGoldstein Sincerely, IRA/
Douglas V. Pickett, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation LPL 1-1 r/f RidsNrrDorllpl1-1 Resource RidsNrrPMindianPoint Resource RidsOgcMaiiCenter Resource ABurritt, R 1 EMurphy, ESGB ESGB/BC LPL 1-1/PM GKulesa BBeasley DATE 6/9/2014 06/02 /2014 6/12/2014 6/17/2014