ML18347B361
| ML18347B361 | |
| Person / Time | |
|---|---|
| Site: | River Bend  |
| Issue date: | 01/02/2019 |
| From: | Lisa Regner Plant Licensing Branch IV |
| To: | Entergy Operations |
| Regner, L M, 301-415-1906 | |
| References | |
| EPID L-2018-LLA-0298 | |
| Download: ML18347B361 (4) | |
Text
Vice President, Operations Entergy Operations, Inc.
River Bend Station 5485 US Highway 61 St. Francisville, LA 70775 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 2, 2019
SUBJECT:
RIVER BEND STATION, UNIT 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2018-LLA-0298)
Dear Sir or Madam:
By letter dated October 24, 2018 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML18297A103), Entergy Operations, Inc. (Entergy, the licensee) submitted an affidavit dated October 17, 2018, to the U.S. Nuclear Regulatory Commission (NRC), executed by Ms. Lisa K. Schichlein, Senior Project Manager, GE-Hitachi Nuclear Energy Americas, LLC, requesting that the information contained in the following document (Attachment 6 to the letter dated October 24, 2018) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations ( 10 CFR), Part 2, Section 2.390:
Global Nuclear Fuel Report NEDC-33886P, "River Bend Station: Fuel Storage Criticality Safety Analysis of Spent Fuel Storage Racks with Rack Inserts,"
Revision 1, October 2018 The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
- a.
Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-A's
[Global Nuclear Fuel-Americas'] competitors without license from GNF-A constitutes a competitive economic advantage over other companies;
- 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; Also as part of the letter dated October 24, 2018, Entergy provided an affidavit dated October 16, 2018, executed by Mr. Karl Scot Lauenroth, Division Manager, Curtiss-Wright's Scientech Division, requesting that the information contained in the following document be withheld from public disclosure pursuant to 10 CFR 2.390:
NEDC-33885P, "River Bend Station: Fuel Storage Criticality Safety Analysis of Spent Fuel Storage Racks with Rack Inserts," Revision 1, October 2018
2 The NRC staff notes a typographical error in the Curtiss-Wright affidavit and concludes the document to be protected is identified as NEDC-33886P, the same document referred to in the GNF-A affidavit. The NEDC-33886P is the only proprietary analysis included in the submittal and both documents have the same title, revision and date. Thus, the NRC staff reviewed only NEDC-33886P to assess whether it should be withheld.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
a)
A similar product is manufactured and sold by competitors of Curtiss-Wright.
b)
Development of this information by Curtiss-Wright required expenditure of considerable resources. To the best of my knowledge and belief, a competitor would have to undergo similar expense in generating equivalent information.
c)
In order to acquire such information, a competitor would also require considerable time and inconvenience related to the development of a design and analysis of a similar neutron attenuation technology for use in a spent fuel pool.
d)
The availability of such information to competitors would enable them to modify their product to better compete with Curtiss-Wright, take marketing or other actions to improve their product's position or impair the position of Curtiss-Wright's product, and avoid developing similar data and analyses in support of their processes, methods or apparatus.
A non-proprietary version of Global Nuclear Fuel Report NEDC-33886P, titled "Global Nuclear Fuel Report NED0-33886, 'River Bend Station: Fuel Storage Criticality Safety Analysis of spent Fuel Storage Racks with Rack Inserts,' Revision 1, October 2018" (Attachment 3 to the letter dated October 24, 2018), has been placed in the NRC Library in ADAMS at the above-referenced Accession No. ML18297A103).
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavits, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, Attachment 7 of the letter dated October 24, 2018, the proprietary version of "NEDC-33886P, 'River Bend Station: Fuel Storage Criticality Safety Analysis of Spent Fuel Storage Racks with Rack Inserts,"' 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
3 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, please contact me at 301-415-1906 or via e-mail at Lisa.Regner@nrc.gov.
Docket No. 50-458 cc: Ms. Lisa K. Schichlein
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\\/Lisa M. Regner, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Senior Project Manager, NPP/Services Licensing Regulatory affairs GE-Hitachi Nuclear Energy Americas, LLC 3901 Castle Hayne Road Wilmington, NC 289401 Mr. Karl Scot Leuenroth Division Manager Curtiss-Wright Nuclear - Scientech 44 Shelter Rock Road Danbury, CT 06810 Listserv
4
SUBJECT:
RIVER BEND STATION, UNIT 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2018-LLA-0298) DATED JANUARY 2, 2019 DISTRIBUTION:
PUBLIC PM File Copy RidsACRS_MailCTR Resource RidsNrrDorlLpl4 Resource RidsNrrPMRiverBend Resource RidsNrrLAPBlechman Resource RidsRgn4Mai1Center Resource ADAMS A ccess1on N ML183478361 o.:
OFFICE NRR/DORL/LPL4/PM NRR/DORL/LPL4/LA NAME LRegner PBlechman {LRonewicz for)
DATE 12/28/2018 12/28/2018 OFFICE NRR/DSS/SNPB/BC NRR/DORL/LPL4/BC NAME RLukes RPascarelli (BSingal for)
DATE 12/28/18 1/2/19 OFFICIAL AGENCY RECORD
- b
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SBloom 1/2/19 NRR/DORL/LPL4/PM LRegner 1/2/19