ML15288A212
| ML15288A212 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 12/04/2015 |
| From: | Pickett D Plant Licensing Branch 1 |
| To: | Entergy Nuclear Operations |
| Pickett D | |
| References | |
| CAC MF5282 | |
| Download: ML15288A212 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 4, 2015
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR INDIAN POINT NUCLEAR GENERATING UNIT NO. 2 (CAC NO. MF5282)
Dear Sir or Madam:
By letter dated February 19, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML15062A199), Entergy Operations, Inc. referenced affidavits dated February 11 and February 16, 2015, executed by Jordan Landis, Holtec International, and James A. Gresham, Westinghouse Electric Company, respectively, requesting that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390: to NL-15-020, "NETCO Report NET-300067-01, Rev. 1 (Proprietary)"
A publicly available version of Attachment 1 (labeled as Attachment 2) is located under ADAMS Accession No. ML15062A200. The February 11, 2015, affidavit from Holtec International stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
- a.
Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtec's competitors without license from Holtec International constitutes a competitive economic advantage over other companies;
- b.
Information which, if used 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 of a similar product.
- e.
Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
The February 16, 2015, affidavit from Westinghouse Electric Company 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.
(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.
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 affidavits, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, Attachment 1 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.
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 U.S. Nuclear Regulatory Commission (NRC). You also should understand that the l\\IRC 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, please contact me at 301-415-1364 or Douglas.Pickett@nrc.gov.
Docket No. 50-247 cc:
Mr. James A. Gresham Regulatory Compliance Westinghouse Electric Company 1000 Westinghouse Drive, Building 3 Cranberry Township, PA 16086 Sincerely, Douglas V. Pickett, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Mr. Jordan Landis, Adjunct Program Manager Holtec International Holtec Center One Holtec Drive Marlton, NJ 08053 Distribution via Listserv
ML15288A212 OFFICE DORL/LPL4-2/PM DORL/LPL 1-1/PM DORL/LPL 1-1/LA NAME A Wang DPickett KGoldstein (LRonewicz for)
DATE 10/16/2015 10/19/2015 10/15/2015