ML20210U375
| ML20210U375 | |
| Person / Time | |
|---|---|
| Site: | River Bend  |
| Issue date: | 08/12/1999 |
| From: | Robert Fretz NRC (Affiliation Not Assigned) |
| To: | Edington R ENTERGY OPERATIONS, INC. |
| References | |
| TAC-MA5279, NUDOCS 9908200073 | |
| Download: ML20210U375 (3) | |
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UNITED STATES g
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August 12, 1999 Mr. Randall K. Edington Vice President - Operations Entergy Operations, Inc.
River Bend Station P. O. Box 220 St. Francisville, LA 70775
SUBJECT:
RIVER BEND STATION (RBS), UNIT 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC No. MA5279)
Dear Mr. Edington:
On June 22,1999, a meeting was held at your request, between members of the NRC staff and representatives of Entergy Operations, Inc. (EOl), to discuss issues associated with the root cause investigation into fuel cladding failures that occurred during the recent Cycle 8 operation.
During the meeting, a part of the information provided to the staff concerning your root cause investigation was considered by EOl and the General Electric Company (GE) to be of a
" business sensitive" and proprietary nature. By EOl letter dated June 21,1999, and GE's affidavit dated June 21,1999, executed by Glen A. Watford, EOl and GE requested that information contained in the presentation, " River Bend Station Fuel Recovery Project, dated June 22,1999," be withheld from public disclosure pursuant to 10 CFR 2.790(a)(4).
The June 21,1999, EOl affidavit stated that the " specific information to be withheld is, in its entirety, the material to be provided in a closed meeting with the NRC staff on June 22,1999, discussing certain commercial and financial information, and preliminary information regarding the actions associated with operation of the River Bend Station, which is both a regulated entity and a deregulated entity for production of electricity in the power market. The information has been held in confidence by Entergy Operations, Inc., and such information is customarily held in confidence by Entergy Operations, Inc. because public disclosure could harm the Company's present and future competitive position."
in addition, the affidavit provided by GE stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(4) a.
[The] information discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies.
b.
[The) 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, 1
or censing of a similar product.
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9908200073 990012 PDR ADOCK 05000458 P
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. (8) The information...is classified as proprietary because it contains details of GE's fuel designs, fuel performance and analytical methods and results.
The development of the fuel designs and methods used in these analyses, along with the testing, development and approval of the supporting methodology was achieved at a significant cost, on the order of several million dollars, to GE.
We have reviewed your letter and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, information contained in the presentation, " River Bend Station Fuel Recovery Project, dated June 22,1999," will be withheld from public disclosure pursuant to 10 CFR 2.790(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 Nuclear Regulatory Commission (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) 415-1324.
Sincerely, ORIGINAL SIGNED BY Robert J. Fretz, Project Manager, Section 1 Project Directorate IV & Decommissioning Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-458 cc: See next page DISTRIBUTION:
Docket File PUBLIC PD4-1 r/f OGC M. P. Siemien K. Brockman ACRS DOCUMENT NAME: G;\\PDIV-1\\RiverBend\\PropLtr0632299Mtg.wpd To receive a copy of the document. Indrate M the box C= Copy w/o attachment /encbsure F=Copgth att#hment/encbsure N = No copy h
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DATE 7 /26/99 J/ M99 h / k/99 h lh99 I
OFFICIAL RECORD C'OPY l
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River Bend Station cc:
Winston & Strawn Executive Vice President and 1400 L Street, N.W.
Chief Operating Officer Washington, DC 20005-3502 Entergy Operations, Inc.
P. O. Box 31995 Manager - Licensing Jackson, MS 39286 Entergy Operations, Inc.
River Bend Station General Manager - Plant Operations P. O. Box 220 Entergy Operations, Inc.
St. Francisville, LA 70775 River Bend Station P. O. Box 220 Senior Resident inspector St. Francisville, LA 70775 P. O. Box 1050 St. Francisville, LA 70775 Director - Nuclear Safety Entergy Operations, Inc.
President of West Feliciana River Bend Station Police Jury P. O. Box 220 P. O. Box 1921 St. Francisville, LA 70775 St. Francisville, LA 70775 Vice President - Operations Support Regional Administrator, Region IV Entergy Operations, !nc.
U.S. Nuclear Regulatory Commission P. O. Box 31995 611 Ryan Plaza Drive, Suite 1000 Jackson, MS 39286-1995 i
Arlington,TX 76011 Attorney General Ms. H. Anne Plettinger State of Louisiana 3456 Villa Rose Drive P. O. Box 94095 Baton Rouge, LA 70806 Baton Rouge, LA 70804-9095 Administrator Louisiana Radiation Protection Division P. O. Box 82135 Baton Rouge, LA 70884-2135 Wise, Carter, Child & Caraway P. O. Box 651 Jackson, MS 39205 1
May 1999