ML17316A000

Request for Withholding Information from Public Disclosure (CAC Nos. MF8991 and MF8992; EPID: L-2016-LLA-0039)

ML17316A000
Person / Time
Site:	Indian Point
Issue date:	11/27/2017
From:	Richard Guzman Plant Licensing Branch 1
To:	Entergy Nuclear Operations
Guzman R, NRR/DORL/LPL1
References
CAC MF8991, CAC MF8992, EPID L-2016-LLA-0039
Download: ML17316A000 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 27, 2017 Vice President, Operations Entergy Nuclear Operations, Inc.

Indian Point Energy Center 450 Broadway, GSB P.O. Box 249 Buchanan, NY 10511-0249

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR INDIAN POINT NUCLEAR GENERATING UNIT NOS. 2 AND 3 (CAC NOS. MF8991 AND MF8992; EPID L-2016-LLA-0039)

Dear Sir or Madam:

By letter dated December 14, 2016 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML16355A067), as supplemented by letter dated October 2, 2017 (ADAMS Accession No. ML17289A653), Entergy Operations, Inc. referenced affidavits dated November 17, 2016 and October 2, 2017, executed by Mr. James A. Gresham, Manager, Regulatory Westinghouse Electric Company, requesting that 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:

Report Hl-2094289, "Licensing Report on the Inter-Unit Transfer of Spent Nuclear Fuel at the Indian Point Energy Center," Revision 8 (Proprietary)

Report Hl-2094289, "Licensing Report on the Inter-Unit Transfer of Spent Nuclear Fuel at the Indian Point Energy Center," Revision 9 (Proprietary)

Non-proprietary versions of the above documents are available under ADAMS Accession Nos. ML16355A068 and ML17289A655, respectively.

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

(4)(ii)(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.

(4)(ii)(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.

The U.S. Nuclear Regulatory Commission (NRC) staff has reviewed the submittals in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, has determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the aforementioned documents 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 document. If the need arises, the NRC may send copies of this information to our consultants working in this area. The NRC will ensure that its 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, the NRG should be promptly notified. The NRG may revisit this determination in the future if, for example, the scope of a Freedom of Information Act request includes this information. The NRG will notify you in advance of any public disclosure if the NRG makes such a determination.

If you have any questions regarding this matter, please contact me at (301) 415-1030 or Richard.Guzman@nrc.gov.

Sincerely, Richard V. Guzman, Senior Project Manager Plant Licensing Branch I Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286 cc: Mr. James A. Gresham greshaja@westinghouse.com Manager, Regulatory Compliance Westinghouse Electric Company 1000 Westinghouse Drive Building 3, Suite 310 Cranberry Township, PA 16066 Additional Distribution via Listserv

• ML17316AOOO OFFICE D0RULPL1/PM DORULPL 1/LA DSS/SNPB/BC DORULPL 1/BC DORULPL 1/PM NAME RGuzman LRonewicz Rlukes JDanna RGuzman (SKrepel for)

DATE 11/14/2017 11/14/2017 11/21/2017 11/27/2017 11/27/2017