ML17316A001
| ML17316A001 | |
| 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: ML17316A001 (3) | |
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 November 27, 2017
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 August 16, 2017 (ADAMS Accession No. ML17234A402), Entergy Operations, Inc. referenced an affidavit dated November 28, 2016, and revised by affidavit dated August 10, 2017, executed by Kimberly Manzione, Licensing Manager, Holtec International, 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:
Licensing Report on the Inter-Unit Transfer of Spent Nuclear Fuel at the Indian Point Energy Center, Revision 8 Appendix 4.A (Benchmark Calculations) of Licensing Report on the Inter-Unit Transfer of Spent Nuclear Fuel at the Indian Point Energy Center (Hl-2094289 Rev. 8)
Non-proprietary versions of the above documents are available under ADAMS Accession Nos. ML16355A068 and ML17318A060, respectively.
The affidavit dated November 28, 2016, stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(4)a.
Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtec's competitors without license from Holtec International constitutes a competitive economic advantage over other companies; (4)b.
Information which, if used 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 of a similar product; (4)e.
Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
The affidavit dated August 10, 2017, stated that the submitted information should be considered exempt from mandatory public disclosure for the aforementioned reasons (4)a. and (4)b. only.
The U.S. Nuclear Regulatory Commission (NRC) staff has reviewed the submittals in accordance with the requirements of 1 O 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 NRG may send copies of this information to our consultants working in this area. The NRG 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.
Docket Nos. 50-247 and 50-286 cc:
Ms. Kimberly Manzione Licensing Manager Holtec International Holtec Center One Holtec Drive Marlton, NJ 08053 Additional Distribution via Listserv Sincerely, Richard V. Guzman, Senior Project Manager Plant Licensing Branch I Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
ML17316A001 OFFICE DORL/LPL 11PM DORL/LPL 1/LA NAME RGuzman LRonewicz DATE 11114117 11114/17 DSSISN PB/BC Rlukes (SKrepel for}
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