ML18348A341

Request for Withholding Information from Public Disclosure, Two Affidavits Dated November 10 and November 17, 2017, by GE-Hitachi Nuclear Energy Americas LLC and Electric Power Research Company

ML18348A341
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-0083
Download: ML18348A341 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 2, 2019 Vice President, Operations Entergy Operations, Inc.

River Bend Station 5485 US Highway 61 St. Francisville, LA 70775

SUBJECT:

RIVER BEND STATION, UNIT 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2018-LLA-0083)

Dear Sir or Madam:

By letter dated April 2, 2018 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML180928187), Entergy Operations, Inc. (Entergy, the licensee) submitted to the U.S. Nuclear Regulatory Commission (NRC), an affidavit dated November 10, 2017, executed by Ms. Lisa K. Schichlein, Senior Project Manager, GE-Hitachi Nuclear Energy Americas, LLC (GEH), and an affidavit dated November 17, 2017, executed by Mr. Neil Wilmshurst, Vice President and Chief Nuclear Officer, Electric Power Research Institute, Inc.,

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), Part 2, Section 2.390:

NEDC-33882P, Revision 1, November 2017, "Entergy Operations, Inc. River Bend Station Pressure and Temperature Limits Report (PTLR) Up to 54 Effective Full-Power Years" A non-proprietary version of the document (Attachment 4 to the letter dated April 2, 2018) has been placed in the NRC Library in ADAMS at the above-referenced Accession No. ML180926187.

The affidavit dated November 10, 2017, 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;

The affidavit dated November 17, 2017, stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

c. . .. EPRI made a substantial economic investment to develop the Proprietary information and, by prohibiting public disclosure, EPRI derives an economic benefit in the form of licensing royalties and other additional fees from the confidential nature of the Proprietary Information. If the Proprietary Information were publicly available to consultants and/or other businesses providing services in the electric and/or nuclear power industry, they would be. able to use the Proprietary Information for their own commercial benefit and profit and without expending the substantial economic resources required of EPRI to develop the Proprietary Information.

e. The Proprietary Information contained therein are not generally known or available to the public. EPRI developed the Information only after making a determination that the Proprietary Information was not available from public sources. EPRI made a substantial investment of both money and employee hours in the development of the Proprietary Information. EPRI was required to devote these resources and effort to derive the Proprietary Information. As a result of such effort and cost, both in terms of dollars spent and dedicated employee time, the Proprietary Information is highly valuable to EPRI.

f. A public disclosure of the Proprietary Information would be highly likely to cause substantial harm to EPRl's competitive position and the ability of EPRI to license the Proprietary Information both domestically and internationally. The Proprietary Information and Report can only be acquired and/or duplicated by others using an equivalent investment of time and effort.

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 April 2, 2018, the proprietary version of NEDC-33882P, Revision 1, "Entergy Operations, Inc. River Bend Station Pressure and Temperature Limits Report (PTLR) Up to 54 Effective Full-Power Years," dated November 2017, 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, please contact me at 301-415-6631 or via e-mail at Lisa.Regner@nrc.gov.

Sincer,'.

4J re-Lisa M. Regner, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-458 cc: Ms. Lisa K. Schichlein Senior Project Manager, NPP/Services Licensing Regulatory affairs GE-Hitachi Nuclear Energy Americas, LLC 3901 Castle Hayne Road Wilmington, NC 28401 Mr. Neil Wilmshurst Vice President and Chief Nuclear Officer Electric Power Research Institute, Inc.

1300 West W.T. Harris Blvd.

Charlotte, NC 28262-8550 Listserv

ML18348A341 OFFICE NRR/DORL/LPL4/PM NRR/DORL/LPL4/LA NRR/DMLR/MVIB/BC NAME LRegner PBlechman DAIiey (JMedoff for)

DATE 12/28/2018 12/27/2018 12/28/2018 --

OFFICE NRR/DORL/LPL4/BC NRR/DORL/LPL4/PM ,1 NAME RPascarelli LRegner I DATE 12/31/2018 1/02/2019 - -- --- -- - _ _ _ .'._ _j