ML24338A001
| ML24338A001 | |
| Person / Time | |
|---|---|
| Site: | 99902016 |
| Issue date: | 11/18/2024 |
| From: | Lois James Licensing Processes Branch |
| To: | Mcgruder W, Palm N, Rouse D Electric Power Research Institute |
| References | |
| BWRVIP-138, BWRVIP-138, Rev 2, BWRVIP-138, Revision 2, EPID L-2023-TOP-0020 (Pre-app), EPID L-2023-TOP-0053 pre fee exem, EPID L-2023-NTR-0007 post fee exem | |
| Download: ML24338A001 (1) | |
Text
1 Lois James From:
Lois James Sent:
Monday, November 18, 2024 11:39 AM To:
Palm, Nathan; McGruder, Wynter; Palm, Nathan; Rouse, Deborah Cc:
Gerond George; Demetrius Murray
Subject:
RE: RE: RE: BWRVIP 2024-047, BWRVIP Docket No. 99902016 - Transmittal of MRP-392 for information only Importance:
High
- Nathan, I am sorry if you have already completed this, but Did you resubmit the document? Or should we schedule an audit for the staff to review on a portal?
Lois From: Lois James Sent: Tuesday, October 22, 2024 2:17 PM To: Palm, Nathan <npalm@epri.com>; McGruder, Wynter <WMcGruder@epri.com>; Palm, Nathan <npalm@epri.com>; Rouse, Deborah <drouse@epri.com>
Cc: Gerond George <Gerond.George@nrc.gov>; Demetrius Murray <Demetrius.Murray@nrc.gov>
Subject:
RE: RE: RE: BWRVIP 2024-047, BWRVIP Docket No. 99902016 - Transmittal of MRP-392 for information only Good afternoon, In reading 10 CFR 2.390 and talking to other PMs and my BC, I think you need markings.
EPRI is making the case that MRP-392 should be withheld:
§ 2.390 Public inspections, exemptions, requests for withholding.
(a) final NRC records and documents, including but not limited to correspondence to and from the NRC regarding the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or standard design approval,subject to this part shall not, in the absence of an NRC determination of a compelling reason for nondisclosurebe exempt from disclosure and will be made available for inspection and copying at the NRC Web siteexcept for matters that are:
2 (4) Trade secrets and commercial or financial information obtained from a person and privileged or confidential; If we accept EPRIs premise for 10CFR2.390(a)(4), then 10CFR2.390(b) must apply (I added bold/italic emphasis)
§ 2.390 Public inspections, exemptions, requests for withholding.
(b) The procedures in this section must be followed by anyone submitting a document to the NRC who seeks to have the document, or a portion of it, withheld from public disclosure because it contains trade secrets, privileged, or confidential commercial or financial information.
(1) The submitter shall request withholding at the time the document is submitted and shall comply with the document marking and affidavit requirements set forth in this paragraph. The NRC has no obligation to review documents not so marked to determine whether they contain information eligible for withholding under paragraph (a) of this section. Any documents not so marked may be made available to the public at the NRC Web site, http://www.nrc.gov or at the NRC Public Document Room.
(i) The submitter shall ensure that the document containing information sought to be withheld is marked as follows:
(A) The first page of the document, and each successive page containing such information, must be marked so as to be readily visible, at the top, or by electronic watermark or other suitable marking on the body of the page, with language substantially similar to: "confidential information submitted under 10 CFR 2.390," "withhold from public disclosure under 10 CFR 2.390,"or "proprietary," to indicate that it contains information the submitter seeks to have withheld.
I noted that 10CFR2.390 does not contain the word proprietary and it applies to trade secrets, privileged, or confidential commercial or financial information.
So, I think EPRI needs to follow 10CFR2.390(b)(1)(i)(A) and make the document.
Respectfully, Lois James From: Palm, Nathan <npalm@epri.com>
Sent: Tuesday, October 22, 2024 8:18 AM To: Lois James <Lois.James@nrc.gov>
Subject:
[External_Sender] RE: RE: BWRVIP 2024-047, BWRVIP Docket No. 99902016 - Transmittal of MRP-392 for information only So, are we ok without a marked up version? With it being copyright, I dont even know how we would do that.
3 Thanks Nathan From: Lois James <Lois.James@nrc.gov>
Sent: Tuesday, October 22, 2024 8:15 AM To: Palm, Nathan <npalm@epri.com>
Subject:
[EXTERNAL] RE: RE: BWRVIP 2024-047, BWRVIP Docket No. 99902016 - Transmittal of MRP-392 for information only Ah thank you. I did not really thoug ht about that. From: Palm, Nathan <npalm@epri.com> Sent: Tuesday, October 22, 2024 8:14 AM To: Lois James <Lois.James@nr c.gov>; Rouse, Deborah <drouse@epri.com> Cc: McGr uder, Wy nter <WMcGruder@epri.com>;
Ah thank you. I did not really thought about that.
From: Palm, Nathan <npalm@epri.com>
Sent: Tuesday, October 22, 2024 8:14 AM To: Lois James <Lois.James@nrc.gov>; Rouse, Deborah <drouse@epri.com>
Cc: McGruder, Wynter <WMcGruder@epri.com>; Demetrius Murray <Demetrius.Murray@nrc.gov>; Gerond George <Gerond.George@nrc.gov>
Subject:
[External_Sender] RE: BWRVIP 2024-047, BWRVIP Docket No. 99902016 - Transmittal of MRP-392 for information only Good Morning Lois, I see the issues you are referring to in the report. Ill work with Debbie to see what can be done. I suspect it might be an issue with submittal through EIE because our original file does not look that way.
Regarding the prop markings, as stated in the letter and affidavit, the request for withholding for this report is on the basis of it being copyright, not proprietary. I was of the understanding that you and Wynter had discussed this approach and a marked up version was not needed. Please let me know if our understanding was incorrect.
- Regards, Nathan From: Lois James <Lois.James@nrc.gov>
Sent: Tuesday, October 22, 2024 6:55 AM To: Rouse, Deborah <drouse@epri.com>
Cc: McGruder, Wynter <WMcGruder@epri.com>; Palm, Nathan <npalm@epri.com>; Demetrius Murray <Demetrius.Murray@nrc.gov>; Gerond George
<Gerond.George@nrc.gov>
Subject:
[EXTERNAL] RE: BWRVIP 2024-047, BWRVIP Docket No. 99902016 - Transmittal of MRP-392 for information only Good mor ning, Deborah. Thank you for letting me know the document was submitted. Unfortunately, the document is no legi ble. I will place a copy in the NRC Box and share with you all. In addition, I did not notice any prop markings on the document.
4 Good morning, Deborah.
Thank you for letting me know the document was submitted.
Unfortunately, the document is no legible. I will place a copy in the NRC Box and share with you all.
In addition, I did not notice any prop markings on the document. So I am not sure if I can process the withholding request if the markings do not meet 10CFR2.390 Can you help me?
Lois From: Rouse, Deborah <drouse@epri.com>
Sent: Monday, October 21, 2024 4:46 PM To: Lois James <Lois.James@nrc.gov>
Cc: McGruder, Wynter <WMcGruder@epri.com>; Palm, Nathan <npalm@epri.com>; Rouse, Deborah <drouse@epri.com>
Subject:
[External_Sender] BWRVIP 2024-047, BWRVIP Docket No. 99902016 - Transmittal of MRP-392 for information only
Dear Ms. James,
The purpose of this message is to inform you that the subject leer BWRVIP 2024-047, BWRVIP Docket No. 99902016 - Transmial of MRP-392: Materials Reliability Program: Zorita Internals Research Project: Radiaon and Temperature Analysis of Zorita Bae Plate and Core Barrel Weld Material for informaon only, is being transmied to you via email.
The subject leer along with the adavit and the report have been sent to the NRC via EIE with NRC Submission ID # 46750 on 10/21/2024 (ML24295A212, ML24295A214, ML24295A221).
If you have any quesons regarding this subject, please contact Wynter McGruder at EPRI by telephone at 704.957-9235 or by e-mail at wmcgruder@epri.com.
Thank you.
Debbie Rouse BWRVIP, Technical Assistant
5 1300 West WT Harris Blvd. l Charlotte, NC 28262 Email: drouse@epri.com Phone: 704-704-2520 Together... Shaping the Future of Energy File:
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