ML15288A402
| ML15288A402 | |
| 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: ML15288A402 (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 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 August 14, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML15261A527, Entergy Operations, Inc. referenced an affidavit dated August 12, 2015, executed by Brian J. Dassatti, P.E., Curtiss-Wright Flow Control Service Corporation, 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:
Appendix A to Attachment 2 to NL-15-089, "NETCO Document - INTRPND3:
Verification and Validation Report, March 2014 (Proprietary)" to NL-15-089, "Response to Request for Additional Information RAI 8B NETCO Report NET-300067-01, Revision 1 (Proprietary)"
There is no publicly available version of Appendix A to Attachment 2 or Attachment 4, as Curtiss-Wright Flow Control Service Corporation considers these documents proprietary in their entirety. A publicly available version of Attachment 2, without Appendix A, is in ADAMS at Accession No. ML15261A529).
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
a)
The information sought to be withheld in the Attachments is and has been help in confidence by NETCO.
b)
This information is of a type that is customarily held in confidence by NETCO, and there is a rational basis for doing so because the information contains methodology, data and supporting information developed by NETCO and its subcontractors, that could be used by a competitor as a competitive advantage.
c)
This information is being transmitted to the NRC in confidence.
d)
This information sought to be withheld, to the best of my knowledge and belief, is not available in public sources and no public disclosure has been made.
e)
The information sought to be withheld contains developed methodology, data and supporting information that could be used by a competitor as a competitive advantage, and would result in substantial harm to the competitive position of NETCO and its subcontractors. This information would reduce the expenditure of resources and improve his competitive position in the implementation of a similar product. Third party agreements have been established to ensure maintenance of the information in confidence. The developers of the methodology, data and supporting information was achieved at a significant cost to NETCO and its subcontractors. Public disclosure of this information sought to be withheld is likely to cause substantial harm to NETCO's competitive position and reduce the availability of profit-making opportunities.
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, Appendix A to Attachment 2 and Attachment 4 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 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, please contact me at 301-415-1364 or Douglas.Pickett@nrc.gov.
Docket No. 50-247 cc:
Brian J. Dassatti, P.E.
General Manager, Outage and Fuel Management Solutions Scientech, Nuclear Division Curtiss-Wright NET CO 731 Grant Avenue Lake Katrine, NY 12449 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
ML15288A402 OFFICE DORL/LPL4-2/PM DORL/LPL 1-1/PM DORL/LPL 1-1/LA DSS/SRXB/BC DORL/LPL 1-1/BC NAME A Wang DPickett KGoldstein CJackson TTate (LRonewicz for)
DATE 10/16/2015 10/19/2015 10/15/2015 10/22/2015 12/04/2015