ML21060B602

Request for Withholding Information from Public Disclosure

ML21060B602
Person / Time
Site:	Indian Point
Issue date:	03/11/2021
From:	Richard Guzman NRC/NRR/DORL/LPL1
To:	Entergy Nuclear Operations
Guzman R
References
EPID L-2020-LLA-0051
Download: ML21060B602 (3)

Text

March 11, 2021 Vice President, Operations Entergy Nuclear Operations, Inc.

Indian Point Energy Center 450 Broadway, GSB P.O. Box 249 Buchanan, NY 10511-0249

SUBJECT:

INDIAN POINT NUCLEAR GENERATING UNIT NO. 3 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR (EPID L-2020-LLA-0051)

Dear Sir or Madam:

By letters dated October 2, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20276A322) and November 9, 2020 (ADAMS Accession No. ML20314A355), Entergy Operations, Inc. submitted affidavits dated September 30, 2020, and November 4, 2020, respectively, executed by Kimberly Manzione, Licensing Manager, Holtec International, requesting that the information contained in the following documents be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR):

Enclosure 1, Response to Requests for Additional Information (Proprietary),

and Enclosure 2, Holtec Report HI-2188625, Structural Evaluation of HI-LIFT Device and Fuel Storage Building Walls at Indian Point Unit 3, Revision 2 (Proprietary), to Entergy Letter NL-20-070 dated October 2, 2020 Enclosure 1, Response to Requests for Additional Information (Proprietary),

Enclosure 2, Holtec Report HI-2188549, HI-LIFT Design Specification for IPEC Unit 3 (Proprietary), and Enclosure 3, Holtec Drawing 11654, "IPEC, IP3 HI-LIFT General Arrangement," Revision 2 (Proprietary) to Entergy Letter NL-20-078 dated November 9, 2020 Non-proprietary versions of these documents have been placed in the U.S. Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the NRC Library in ADAMS under Accession Nos. ML20276A322 and ML20314A355, respectively.

The affidavit dated November 4, 2020, 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 Holtecs 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 September 30, 2020, stated that the submitted information should be considered exempt from mandatory public disclosure for the aforementioned reasons (4)a. and (4)b. only.

We have reviewed your application and the material 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, the versions of the submitted 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 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 301-415-1030 or Richard.Guzman@nrc.gov.

Sincerely,

/RA/

Richard V. Guzman, Senior Project Manager Plant Licensing Branch I Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-286 cc: K.Manzione@holtec.com Listserv

ML21060B602 OFFICE NRR/DORL/LPL1/PM NRR/DORL/LPL1/LA NRR/DORL/LPL1/BC NAME RGuzman JBurkhardt JDanna DATE 03/02/2021 03/05/2021 03/11/2021 OFFICE NRR/DORL/LPL1/PM NAME RGuzman DATE 03/11/2021