ML15083A079

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Request for Withholding Information from Public Disclosure for Shutdown Margin Confirmation
ML15083A079
Person / Time
Site: Indian Point Entergy icon.png
Issue date: 04/17/2015
From: Pickett D
Plant Licensing Branch 1
To:
Entergy Nuclear Operations
Pickett D
References
TAC MF5747
Download: ML15083A079 (3)


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 April 17, 2015

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR INDIAN POINT, UNIT 2, SHUTDOWN MARGIN CONFIRMATION (TAC NO. MF5747)

Dear Sir or Madam:

By letter dated March 10, 2015, you submitted an affidavit dated March 10, 2015, executed by James A Gresham 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:

CN-IP22-051, Shutdown Margin Confirmation for Indian Point 2 Cycle 22 (Proprietary)

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

4 (i)

The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse Electric Company (Westinghouse).

4 (ii)(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.

4(ii)(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.

4(ii)(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.

The U.S. Nuclear Regulatory Commission (NRC) staff has 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, CN-IP22-051, Shutdown Margin Confirmation for Indian Point 2 Cycle 22, 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, the NRC staff may send copies of this information to our consultants working in this area. The staff 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 should also 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:

Mr. J.A. Gresham, Manager Regulatory Compliance Westinghouse Electric Company Sincerely,

~v~~

Douglas V. Pickett, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation 1000 Westinghouse Drive, Building 3 Cranberry Township, Pennsylvania 16066 Additional Distribution via Listserv

ML15083A079 OFFICE DORL/LPLl-1 /PM DORL/LPLl-1 /LA SRXB/BC NAME DPickett KGoldstein CJackson DATE 4/15/2015 3/27/2015 4/06/2015