ML21281A002

and Big Rock Point Plant - Request for Withholding Information from Public Disclosure

ML21281A002
Person / Time
Site:	Palisades
Issue date:	10/13/2021
From:	Scott Wall Plant Licensing Branch III
To:	Entergy Nuclear Operations
Wall S, NRR/DORL/LPL3, 415-2855
References
EPID L-2020-LLM-0003
Download: ML21281A002 (4)

Text

October 13, 2021 Vice President, Operations Entergy Nuclear Operations, Inc.

Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043-9530

SUBJECT:

PALISADES NUCLEAR PLANT AND BIG ROCK POINT PLANT - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2020-LLM-0003)

Dear Sir or Madam:

By letter dated December 23, 2020, to the U.S. Nuclear Regulatory Commission (NRC), Entergy Nuclear Operations, Inc. (Entergy), submitted an affidavit dated December 22, 2020, executed by A. Christopher Bakken, III, President and Manager, Entergy Nuclear Palisades, LLC, and an affidavit also dated December 22, 2020, executed by Pamela B. Cowan, Senior Vice President and Chief Operating Officer, Holtec Decommissioning International, LLC, 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) Section 2.390:

Enclosure 1P - Membership Interest Purchase and Sale Agreement by and Among Nuclear Asset Management Company, LLC, Holtec International, Entergy Nuclear Midwest Investment Company, LLC, and Entergy Nuclear Palisades, LLC, dated as of July 30, 2018 (Proprietary)

The letter with the nonproprietary version of Enclosure 1P, provided as Attachment C, Membership Interest Purchase and Sale Agreement, and First and Second Amendments to Membership Interest Purchase and Sale Agreement (Non-Proprietary) (without exhibits), has been placed in the NRCs Public Document Room and added to the NRC Library at Agencywide Documents Access and Management System Accession No. ML20358A075.

Mr. Bakkens affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

i. Enclosure 1P contains confidential commercial information, the disclosure of which would adversely affect Entergy.

ii. This information has been held in confidence by Entergy.

iii. Entergy customarily keeps such information in confidence, and there is a rational basis for holding such information in confidence. The information is not available from public sources and could not be gathered readily from other publicly available information.

iv. Public disclosure of this information would cause substantial harm to Entergys business interests because such information has significant commercial value to Entergy and its disclosure could adversely affect other Entergy transactions.

Ms. Cowans affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

i. Enclosure 1P contains confidential commercial information, the disclosure of which would adversely affect Holtec.

ii. This information has been held in confidence by Holtec.

iii. Holtec customarily keeps such information in confidence, and there is a rational basis for holding such information in confidence. The information is not available from public sources and could not be gathered readily from other publicly available information.

iv. Public disclosure of this information would cause substantial harm to Holtecs business interests because such information has significant commercial value to Holtec and its disclosure could adversely affect other Holtec transactions.

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, 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 or by e-mail to Scott.Wall@nrc.gov.

Sincerely,

/RA/

Scott P. Wall, Senior Project Manager Plant Licensing Branch III Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-155, 50-255,72-007, and 72-043 cc: Mr. A. Christopher Bakken, III, President and Chief Executive Officer, Entergy Nuclear Operations, Inc.

1340 Echelon Pkwy Jackson, MS 39213 cc: Ms. Pamela B. Cowan, Senior Vice President and Chief Operating Officer, Holtec Decommissioning International, LLC 1 Holtec Boulevard Camden, NJ 08104 Listserv

ML21281A002 OFFICE NRR/DORL/LPL3/PM NRR/DORL/LPL3/LA NMSS/REFS/FAB/BC NAME SWall SRohrer FMiller DATE 10/07/2021 10/12/2021 10/12/2021 OFFICE NRR/DORL/LPL1/BC NRR/DORL/LPL3/PM NAME NSalgado SWall DATE 10/12/2021 10/13/2021