ML19203A203

Request for Withholding Information from Public Disclosure - 7/1/19 Affidavit Executed by Brian Moore, Global Nuclear Fuel - Americas, LLC

ML19203A203
Person / Time
Site:	Pilgrim
Issue date:	08/14/2019
From:	Scott Wall Special Projects and Process Branch
To:	Brian Sullivan Entergy Nuclear Operations
Wall S, 415-2855
References
EPID L-2018-LLA-0268
Download: ML19203A203 (3)

Text

August 14, 2019 Mr. Brian R. Sullivan Site Vice President Entergy Nuclear Operations, Inc.

Pilgrim Nuclear Power Station 600 Rocky Hill Road Plymouth, MA 02360-5508

SUBJECT:

PILGRIM NUCLEAR POWER STATION - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID 2018-LLA-0268)

Dear Mr. Sullivan:

By letter dated July 16, 2019,1 to the U.S. Nuclear Regulatory Commission (NRC), Entergy Nuclear Operations, Inc. (Entergy), submitted an affidavit dated July 1, 2019, executed by Mr. Brian R. Moore, General Manager, Global Nuclear Fuel - Americas, LLC (GNF-A),

requesting that 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:

Enclosure 1 of GNF-As letter KGO-ENO-HK1-19-058, Kimberly OConnor to Edward Sanchez (Entergy Nuclear Operations, Inc.), entitled Pilgrim Nuclear Power Station: Fuel Storage Criticality Safety Analysis of Spent Fuel Storage Racks to Remove Boraflex Credit - RAI Response, June 2019 (Proprietary)

The letter and the nonproprietary version of Enclosure 1, Pilgrim Nuclear Power Station: Fuel Storage Criticality Safety Analysis of Spent Fuel Storage Racks to Remove Boraflex Credit -

RAI Response (Non-Proprietary), have been placed in the NRCs Public Document Room and added to the NRC Library in ADAMS.

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 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; 1

Agencywide Documents Access and Management System (ADAMS) Accession No. ML19197A114.

B. Sullivan 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 affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the version of the submitted information 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 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 regarding this matter, I may be reached at 301-415-2855.

Sincerely,

/RA/

Scott P. Wall, Senior Project Manager Plant Licensing Branch III Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-293 cc: Brian R. Moore General Manager, Core & Fuel Engineering Global Nuclear Fuel Americas, LLC 3901 Castle Hayne Road Wilmington, NC 28401 Listserv

ML19203A203 *via email OFFICE NRR/DORL/LPL3/PM NRR/DORL/LSPB/LA NRR/DSS/SNPB/BC*

NAME SWall JBurkhardt RLukes DATE 8/12/19 8/12/19 8/13/19 OFFICE NRR/DORL/LPL3/BC(A) NRR/DORL/LPL3/PM NAME LRegner SWall DATE 8/13/19 8/14/19