ML17068A388
| ML17068A388 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 03/20/2017 |
| From: | Jack Parrott Reactor Decommissioning Branch |
| To: | Scheurich S Entergy Corp |
| PARROTT J, 415-6634, T08F05 | |
| References | |
| Download: ML17068A388 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 20, 2017 Mr. Steven A. Scheurich Vice President of Nuclear Decommissioning Entergy Wholesale Commodities 639 Loyola Avenue PO BOX 61000 New Orleans, LA 70113
SUBJECT:
NRC APPROVAL OF ENTERGY REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING LICENSE TRANSFER FOR THE VERMONT YANKEE NUCLEAR POWER STATION
Dear Mr. Scheurich:
By letter dated February 9, 2017, Entergy Nuclear Operations, Inc., on behalf of itself and Entergy Nuclear Vermont Yankee, LLC (Entergy) and NorthStar Nuclear Decommissioning Company, LLC submitted an Application for Order Consenting to Direct and Indirect Transfers of Control of Licenses and Approving Conforming License Amendment and Notification of Amendment to Decommissioning Trust Agreement (Application) for the Vermont Yankee Nuclear Power Station. The letter requested that Enclosure 1P of the Application, entitled Membership Interest Purchase and Sale Agreement, which contains confidential commercial and financial information, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390. Included in the Application was an affidavit dated February 8, 2017, executed by you, requesting the same.
A nonproprietary copy of the Membership Interest Purchase and Sale Agreement, which was included as Enclosure 1 of the Application, has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.
The affidavit requested that Enclosure 1P, which was labeled "CONFIDENTIAL INFORMATION SUBMITTED UNDER 10 CFR 2.390", be withheld from public disclosure under the provisions of 10 CFR 2.390(a)(4) for the following reasons:
- 1. Enclosure 1P contains confidential commercial information, the disclosure of which would adversely affect Entergy.
- 2. This information has been held in confidence by Entergy. To the extent that Entergy has shared this information with others, it has done so on a confidential basis.
- 3. Entergy customarily keeps such information in confidence, and there is a rational basis for holding such information in confidence. The information is not available from public sources and could not be gathered readily from other publicly available information.
- 4. Public disclosure of this information would cause substantial harm to Entergy's business interests because such information has significant commercial value to Entergy and its disclosure could adversely affect other Entergy transactions.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, Enclosure 1P to the Application, marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.390(a)(4), 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 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 of the date of public disclosure, in advance which will be a reasonable time thereafter.
If you have any questions regarding this matter, I may be reached at 301-415-6634.
Sincerely,
/RA/
Jack D. Parrott, Senior Project Manager Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards Docket No. 50-271 License No.: DPR-28 cc:
Susan H. Raimo Entergy Services, Inc.
David R. Lewis Pillsbury Winthrop Shaw Pittman LLP Gregory G. DiCarlo NorthStar Group Services, Inc.
John E. Matthews Morgan, Lewis & Bockius LLP
SUBJECT:
NRC APPROVAL OF ENTERGY REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING LICENSE TRANSFER FOR THE VERMONT YANKEE NUCLEAR POWER STATION -
March 20, 2017 DISTRIBUTION:
Public DCD R/F ML OFFICE DUWP:PM DUWP:LA DUWP:BC OGC DUWP:PM NAME J. Parrott C. Holston B. Watson B. Mizuno J. Parrott DATE 3/9/17 3/15/17 3/16/17 3/16/17 3/20/17