ML16230A182

Proprietary Information Determination

ML16230A182
Person / Time
Site:	Seabrook
Issue date:	09/01/2016
From:	Tam Tran Division of License Renewal
To:	Mccartney E NextEra Energy Seabrook
Tam Tran, NRR/DLR, 415-3617
References
CAC ME4028
Download: ML16230A182 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 1, 2016 Mr. Eric McCartney, Site Vice President Seabrook Station NextEra Energy Seabrook, LLC P.O. Box 300 Seabrook, NH 03874

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAC NO. ME4028)

Dear Mr. McCartney:

By letter dated August 9, 2016, available at Agencywide Documents Access and Management System (ADAMS) Accession No. ML16224B079, you submitted to the U.S. Nuclear Regulatory Commission (NRC) an affidavit dated August 9, 2016, 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) Section 2.390:

Enclosure 2 to SBK-L-16013, Seabrook Station License Renewal Application Resubmittal of SBK-L-15202 Enclosure 1 -Figures 17-19 (Proprietary).

As stated in the letter, the information provided in Enclosure 2 to SBK-L-16013 does not affect the non-proprietary version of the information previously submitted in SBK-L-15202, your response to the NRC staff request for additional information related to alkali-silica reaction, dated December 3, 2015 (ADAMS Accession No. ML15343A470).

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

• The information sought to be withheld is considered to be proprietary and confidential commercial information because alkali-silica reaction (ASR) is a newly identified phenomenon at domestic nuclear plants. The information requested to be withheld is the result of several years of intensive NextEra Energy Seabrook, LLC (NextEra Energy Seabrook) effort and the expenditure of a considerable sum of money. This information may be marketable in the event nuclear facilities or other regulated facilities identify the presence of ASR. In order for potential customers to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended. The extent to which this information is available to potential customers diminishes NextEra Energy Seabrook's ability to sell products and services involving the use of the information.

Thus, public disclosure of the information sought to be withheld is likely to cause substantial harm to NextEra Energy Seabrook's competitive position and NextEra Energy Seabrook has a rational basis for considering this information to be confidential commercial information.

• The information sought to be withheld is being submitted to the NRC in confidence.

E. McCartney

• The information sought to be withheld has, to the best of NextEra Energy Seabrooks knowledge and belief, consistently been held in confidence by NextEra Energy Seabrook, has not been disclosed publicly, and has not been made available in public sources.

• The information is of a sort customarily held in confidence by NextEra Energy Seabrook, and is in fact so held.

• All disclosures to third parties, including any required transmittals to the NRC, have been or will be pursuant to regulatory provisions and/or confidentiality agreements that provide for maintaining the information in confidence.

We have reviewed your submittal 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, Enclosure 2 to SBK-L-16013 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, 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 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 regarding this matter, I may be reached at 301-415-3617 or by e-mail at Tam.Tran@nrc.gov.

Sincerely,

/RA/

Tam Tran, Project Manager Projects Branch 1 Division of License Renewal Office of Nuclear Reactor Regulation Docket No. 50-443 cc: Distribution via Listserv

E. McCartney

• The information sought to be withheld has, to the best of NextEra Energy Seabrooks knowledge and belief, consistently been held in confidence by NextEra Energy Seabrook, has not been disclosed publicly, and has not been made available in public sources.

• The information is of a sort customarily held in confidence by NextEra Energy Seabrook, and is in fact so held.

• All disclosures to third parties, including any required transmittals to the NRC, have been or will be pursuant to regulatory provisions and/or confidentiality agreements that provide for maintaining the information in confidence.

We have reviewed your submittal 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, Enclosure 2 to SBK-L-16013 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, 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 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 regarding this matter, I may be reached at 301-415-3617 or e-mail Tam.Tran@nrc.gov.

Sincerely,

/RA/

Tam Tran, Project Manager Projects Branch 1 Division of License Renewal Office of Nuclear Reactor Regulation Docket No. 50-443 cc: Distribution via Listserv DISTRIBUTION:

See next page Accession No. ML16230A182

• Concurred via e-mail OFFICE LA:DLR PM:RPB1:DLR PM:RASB BC:RPB1:DLR OGC PM:RPB1:DLR NAME IBetts* TTran BWittick* YDiaz-Sanabria* JWachutka* TTran DATE 8/19/16 8 /11/16 8/29/16 8/29/16 9/1/16 9/1/16 OFFICIAL RECORD COPY

Letter to E. McCartney from T. Tran September 1, 2016

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAC NO. ME4028)

DISTRIBUTION:

HARD COPY:

DLR RF E-MAIL:

RidsNrrDlr Resource RidsNrrDlrRpb1 Resource RidsNrrDlrRpb2 Resource RidsNrrDlrRarb Resource RidsNrrDlrRasb Resource RidsOgcMailCenter Resource Rids NrrMailCenter Resource RidsNrrPMSeabrook Resource Richard.Plasse@nrc.gov Justin.Poole@nrc.gov Tam.Tran@nrc.gov James.Danna@nrc.gov Brian.Wittick@nrc.gov John.Lamb@nrc.gov David.Mclntyre@nrc.gov Eugene.Dacus@nrc.gov Brian.Harris@nrc.gov Jeremy.Wachutka@nrc.gov Fred.Bower@nrc.gov Paul.Cataldo@nrc.gov Rich.Barkley@nrc.gov Chris.Lally@nrc.gov Christopher.Newport@nrc.gov Christopher.Highley@nrc.gov Doug.Tifft@nrc.gov Neil.Sheehan@nrc.gov Diane.Screnci@nrc.gov