ML15348A435

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Attachment 1 - State of New York'S Objection to Proprietary And/Or Confidential Designations for Certain Westinghouse Documents
ML15348A435
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 11/12/2015
From: Kwong L
State of NY, Office of the Attorney General
To:
Atomic Safety and Licensing Board Panel
SECY RAS
Shared Package
ML15348A433 List:
References
50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS 28663
Download: ML15348A435 (3)


Text

NOVEMBER 12, 2015 NYS NOTICE OF OBJECTION ATTACHMENT 1 to NYS DECLARATION

UNITED STATES NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD


x In re: Docket Nos. 50-247-LR; 50-286-LR License Renewal Application Submitted by ASLBP No. 07-858-03-LR-BD01 Entergy Nuclear Indian Point 2, LLC, DPR-26, DPR-64 Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc. November 12, 2015


x STATE OF NEW YORKS OBJECTION TO PROPRIETARY AND/OR CONFIDENTIAL DESIGNATIONS FOR CERTAIN WESTINGHOUSE DOCUMENTS In accordance with the Atomic Safety and Licensing Boards September 4, 2009 Protective Order, the State of New York objects to Entergys designation of the documents listed below as containing proprietary information subject to non-disclosure. The documents are various documents prepared by Entergys vendor, Westinghouse, relating to metal fatigue evaluations for structures and components at the Indian Point nuclear facilities.

Based on the States review, the documents appear to primarily contain information that is not exempt from public inspection pursuant to 10 C.F.R. § 2.390. Entergys request to entirely withhold the information contained in these documents as privileged or confidential trade secrets and/or commercial or financial information is, therefore, overly broad. At minimum, Entergy should produce public, redacted versions of these documents.

To facilitate further consultation and resolution of this dispute, the State requests that Entergy (or its vendor, Westinghouse) indicate, with specificity, (1) the portion(s) of the documents it deems proprietary and confidential by page and line or column number; (2) the basis for such claim(s); and (3) the harm that would result from public disclosure.

The documents at the subject of the States Objection are the following:

EXHIBIT DESCRIPTION AND CONFIDENTIALITY STATE OF NEW YORK STATE OF NEW YORK NUMBER DESIGNATION OBJECTION PROPOSED RESOLUTION DATE ENTR00681 Westinghouse, WCAP-17199-P, Entire document Proprietary designation is overly Document should be disclosed for Rev. 2, Environmental Fatigue withheld from public broad and seeks to exempt from public inspection subject to Evaluation for Indian Point Unit disclosure. disclosure information unrelated limited redaction of information 2, Nov. 2015. to trade secrets or confidential specifically related to trade secrets commercial/financial information. or confidential commercial/

financial information, if any.

ENTR00682 Westinghouse, WCAP-17200-P, Entire document Proprietary designation is overly Document should be disclosed for Rev. 2, Environmental Fatigue withheld from public broad and seeks to exempt from public inspection subject to Evaluation for Indian Point Unit disclosure. disclosure information unrelated limited redaction of information 3, Nov. 2015. to trade secrets or confidential specifically related to trade secrets commercial/financial information. or confidential commercial/

financial information, if any.

ENTR00683 Westinghouse, Calculation Note Entire document Proprietary designation is overly Document should be disclosed for CN-PAFM-13-32, Rev. 4 withheld from public broad and seeks to exempt from public inspection subject to Indian Point Unit 2 (IP2) and disclosure. disclosure information unrelated limited redaction of information Unit 3 (IP3) Refined EAF to trade secrets or confidential specifically related to trade secrets Analyses and EAF Screening commercial/financial information. or confidential commercial/

Evaluations, Nov. 2015. financial information, if any.

ENTR00689 Westinghouse, WCAP-12191, Entire document Proprietary designation is overly Document should be disclosed for Rev. 5, Transient and Fatigue withheld from public broad and seeks to exempt from public inspection subject to Cycle Monitoring Program disclosure. disclosure information unrelated limited redaction of information Transient History Evaluation to trade secrets or confidential specifically related to trade secrets Report for Indian Point Unit 2, commercial/financial information. or confidential commercial/

Nov. 2015. financial information, if any.

ENTR00690 Westinghouse, WCAP-16898-P, Entire document Proprietary designation is overly Document should be disclosed for Rev. 2, Indian Point Unit 3 withheld from public broad and seeks to exempt from public inspection subject to Transient and Fatigue Cycle disclosure. disclosure information unrelated limited redaction of information Monitoring Program Transient to trade secrets or confidential specifically related to trade secrets History Evaluation, Nov. 2015. commercial/financial information. or confidential commercial/

financial information, if any.

ENT000727 Westinghouse, CN-PAFM Entire document Proprietary designation is overly Document should be disclosed for 21, Rev. 4, Indian Point Units 2 withheld from public broad and seeks to exempt from public inspection subject to and 3 Charging Nozzles disclosure. disclosure information unrelated limited redaction of information Environmental Fatigue to trade secrets or confidential specifically related to trade secrets Evaluation, Nov. 2015. commercial/financial information. or confidential commercial/

financial information, if any.

These documents were disclosed on November 4, 2015 and produced to the State on Friday, November 6, 2015. Entergy yesterday filed a motion requesting permission to submit these documents as exhibits.

Executed on November 12, 2015 Signed (electronically) by Lisa S. Kwong Assistant Attorney General Office of the Attorney General of the State of New York The Capitol Albany, New York 12224 (518) 776-2422 Lisa.Kwong@ag.ny.gov 2

NOVEMBER 12, 2015 NYS NOTICE OF OBJECTION ATTACHMENT 1 to NYS DECLARATION

UNITED STATES NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD


x In re: Docket Nos. 50-247-LR; 50-286-LR License Renewal Application Submitted by ASLBP No. 07-858-03-LR-BD01 Entergy Nuclear Indian Point 2, LLC, DPR-26, DPR-64 Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc. November 12, 2015


x STATE OF NEW YORKS OBJECTION TO PROPRIETARY AND/OR CONFIDENTIAL DESIGNATIONS FOR CERTAIN WESTINGHOUSE DOCUMENTS In accordance with the Atomic Safety and Licensing Boards September 4, 2009 Protective Order, the State of New York objects to Entergys designation of the documents listed below as containing proprietary information subject to non-disclosure. The documents are various documents prepared by Entergys vendor, Westinghouse, relating to metal fatigue evaluations for structures and components at the Indian Point nuclear facilities.

Based on the States review, the documents appear to primarily contain information that is not exempt from public inspection pursuant to 10 C.F.R. § 2.390. Entergys request to entirely withhold the information contained in these documents as privileged or confidential trade secrets and/or commercial or financial information is, therefore, overly broad. At minimum, Entergy should produce public, redacted versions of these documents.

To facilitate further consultation and resolution of this dispute, the State requests that Entergy (or its vendor, Westinghouse) indicate, with specificity, (1) the portion(s) of the documents it deems proprietary and confidential by page and line or column number; (2) the basis for such claim(s); and (3) the harm that would result from public disclosure.

The documents at the subject of the States Objection are the following:

EXHIBIT DESCRIPTION AND CONFIDENTIALITY STATE OF NEW YORK STATE OF NEW YORK NUMBER DESIGNATION OBJECTION PROPOSED RESOLUTION DATE ENTR00681 Westinghouse, WCAP-17199-P, Entire document Proprietary designation is overly Document should be disclosed for Rev. 2, Environmental Fatigue withheld from public broad and seeks to exempt from public inspection subject to Evaluation for Indian Point Unit disclosure. disclosure information unrelated limited redaction of information 2, Nov. 2015. to trade secrets or confidential specifically related to trade secrets commercial/financial information. or confidential commercial/

financial information, if any.

ENTR00682 Westinghouse, WCAP-17200-P, Entire document Proprietary designation is overly Document should be disclosed for Rev. 2, Environmental Fatigue withheld from public broad and seeks to exempt from public inspection subject to Evaluation for Indian Point Unit disclosure. disclosure information unrelated limited redaction of information 3, Nov. 2015. to trade secrets or confidential specifically related to trade secrets commercial/financial information. or confidential commercial/

financial information, if any.

ENTR00683 Westinghouse, Calculation Note Entire document Proprietary designation is overly Document should be disclosed for CN-PAFM-13-32, Rev. 4 withheld from public broad and seeks to exempt from public inspection subject to Indian Point Unit 2 (IP2) and disclosure. disclosure information unrelated limited redaction of information Unit 3 (IP3) Refined EAF to trade secrets or confidential specifically related to trade secrets Analyses and EAF Screening commercial/financial information. or confidential commercial/

Evaluations, Nov. 2015. financial information, if any.

ENTR00689 Westinghouse, WCAP-12191, Entire document Proprietary designation is overly Document should be disclosed for Rev. 5, Transient and Fatigue withheld from public broad and seeks to exempt from public inspection subject to Cycle Monitoring Program disclosure. disclosure information unrelated limited redaction of information Transient History Evaluation to trade secrets or confidential specifically related to trade secrets Report for Indian Point Unit 2, commercial/financial information. or confidential commercial/

Nov. 2015. financial information, if any.

ENTR00690 Westinghouse, WCAP-16898-P, Entire document Proprietary designation is overly Document should be disclosed for Rev. 2, Indian Point Unit 3 withheld from public broad and seeks to exempt from public inspection subject to Transient and Fatigue Cycle disclosure. disclosure information unrelated limited redaction of information Monitoring Program Transient to trade secrets or confidential specifically related to trade secrets History Evaluation, Nov. 2015. commercial/financial information. or confidential commercial/

financial information, if any.

ENT000727 Westinghouse, CN-PAFM Entire document Proprietary designation is overly Document should be disclosed for 21, Rev. 4, Indian Point Units 2 withheld from public broad and seeks to exempt from public inspection subject to and 3 Charging Nozzles disclosure. disclosure information unrelated limited redaction of information Environmental Fatigue to trade secrets or confidential specifically related to trade secrets Evaluation, Nov. 2015. commercial/financial information. or confidential commercial/

financial information, if any.

These documents were disclosed on November 4, 2015 and produced to the State on Friday, November 6, 2015. Entergy yesterday filed a motion requesting permission to submit these documents as exhibits.

Executed on November 12, 2015 Signed (electronically) by Lisa S. Kwong Assistant Attorney General Office of the Attorney General of the State of New York The Capitol Albany, New York 12224 (518) 776-2422 Lisa.Kwong@ag.ny.gov 2