ML15153A233

Request for Withholding Information from Public Disclose - 5/20/15 Affidavit Executed by J. Gresham, Westinghouse, the 180-Day Steam Generator the 180-Day Steam Generator Report

ML15153A233
Person / Time
Site:	Waterford
Issue date:	06/15/2015
From:	Michael Orenak Plant Licensing Branch IV
To:	Entergy Operations
Wang A
References
TAC MF5174
Download: ML15153A233 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 June 15, 2015 Vice President, Operations Entergy Operations, Inc.

Waterford Steam Electric Station, Unit 3 17265 River Road Killona, LA 70057-3093

SUBJECT:

WATERFORD STEAM ELECTRIC STATION, UNIT 3 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MF5174)

Dear Sir or Madam:

By letter dated May 21, 2015, Entergy Operations, Inc. (Entergy, the licensee) submitted an affidavit dated May 20, 2015, executed by Mr. James A. Gresham, Westinghouse Electric Company, LLC, 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:

Attachment 1 to W3F1-2015-0027, LTR-SGMP-15-33 P-Attachment, "Response to NRC Request for Additional Information on the Design Features of the Waterford Unit 3 Replacement Steam Generators" (Proprietary)

A nonproprietary version of Attachment 1, designated as Attachment 2 to Entergy's letter dated May 21, 2015, has been placed in the U.S. Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System in the NRC Library at Accession No. ML15147A087.

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

(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 Westinghouse.

(f) It contains patentable ideas, for which patent protection may be desirable.

The NRC staff has reviewed the 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 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 may send copies of this information to our consultants working in this area. The NRC 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, Entergy should promptly notify the NRC. Entergy 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 the information. In all review situations, if the NRC makes a determination adverse to the above, Entergy will be notified in advance of any public disclosure.

If you have any questions, please contact me at 301-415-3229 or via e-mail at Michael.Orenak@nrc.gov.

Sincerely,

~Wrfr*~

Michael D. Orenak, Project Manager Plant Licensing IV-2 and Decommissioning Transition Branch Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-382 cc: Distribution via Listserv James A. Gresham Manager, Regulatory Compliance Westinghouse Electric Company 1000 Westinghouse Drive Building 3, Suite 310 Cranberry Township, PA 16066

ML15153A233 OFFICE NRR/DORL/LPL4-2/PM NRR/DORL/LPL4-2/LA NRR/DE/ESGB/BC NRR/DORL/LPL4-2/BC NRR/DORL/LPL4-2/PM NAME MOrenak PBlechman GKulesa MKhanna MOrenak DATE 6/4/15 6/4/15 6/12/15 6/12/15 6/15/15