NL-06-055, Request to Withhold Information Pursuant to 10 CFR 2.390

Request to Withhold Information Pursuant to 10 CFR 2.390

ML061420292
Person / Time
Site:	Indian Point
Issue date:	05/04/2006
From:	Comiotes J Entergy Nuclear Operations
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
NL-06-055
Download: ML061420292 (5)

Text

Indian Point Energy Center 450 Broadway, GSB P.O. Box 249 1lterffi ' - f rxtsrrnrBuchanan, N.Y. 10511-0249 Tel (914) 7346700 May 4, 2006 Indian Point Unit No. 2 Docket No. 50-247 NL-06-055 Document Control Desk U.S. Nuclear Regulatory Commission Mail Stop O-PI-17 Washington, DC 20555-0001

Subject:

Request to Withhold Information Pursuant to 10 CFR 2.390

Reference:

Memorandum: Mr. M. Barvenik of GZA to Mr. B. Evers of Enercon regarding "Interim Update pursuant to the transport and fate of water released to the groundwater from Indian Point Spent Fuel Pool," dated January 25, 2006

Dear Sir:

Entergy Nuclear Operations, Inc. (Entergy) has enclosed a copy of the referenced document requested by the NRC Staff during the course of an inspection. Entergy, as the owner of this information, is requesting withholding of the enclosure from public disclosure. The affidavit which accompanies this letter, attachment 1, sets forth the basis on which this information may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in 10 CFR 2.390 paragraph (b)(9).

Entergy is making no new commitments in this letter.

Should you have any questions regarding this matter, please contact Mr. Patric W. Conroy, Manager, Licensing, Indian Point Energy Center at (914) 734-6668.

esComiotes irector of Nuclear Safety Assurance Indian Point Energy Center cc: next page

Docket No. 50-247 NL-06-055 Page 2 of 2 Attachments: Affidavit Requesting Withholding from Public Disclosure Enclosure Memorandum: Mr. M. Barvenik of GZA to Mr. B. Evers of Enercon regarding mInterim Update pursuant to the transport and fate of water released to the groundwater from Indian Point Spent Fuel Pool," dated January 25, 2006 cc: Mr. John P Boska, Senior Project Manager, NRC, NRR DORL Mr. Samuel J. Collins, Regional Administrator, NRC Region 1 NRC Resident Inspectors Office, Indian Point 2

ATTACHMENT I TO NL-05-055 Affidavit Requesting Withholding from Public Disclosure ENTERGY NUCLEAR OPERATIONS, INC INDIAN POINT NUCLEAR GENERATING UNIT 2 DOCKET 50-247

Docket No. 50-247 NL-06-055 Attachment 1 Page 1 of 2 Affidavit I, James Comiotes, being duly swom, depose and state as follows:

1. I am the Director of Nuclear Safety Assurance and am authorized to review the information being submitted and which is sought to be withheld and have been authorized to apply for its withholding.

2. The information sought to be withheld is the memorandum enclosed in the Entergy letter NL 055 (I.e., Memorandum: Mr. M. Barvenik of GZA to Mr. B. Evers of Enercon regarding "Interim Update pursuant to the transport and fate of water released to the groundwater from Indian Point Spent Fuel Pool," dated January 25, 2006). This memorandum has been prepared for Entergy Nuclear Operations, Inc. in support of an Entergy evaluation of the transportation of groundwater for evaluation of a leaking spent fuel pool. The enclosed memorandum has been marked with "Withhold from Public Disclosure Per 10 CFR 2.390(b)(9)" at the top of each page.

3. Pursuant to the provisions of 10 CRF 2.390, paragraph (b)(9) the following is submitted for consideration in determining whether the information sought to be withheld from public disclosure should be withheld:

a) Disclosure of the enclosed letter would constitute the disclosure of "geological and geophysical information and data, including maps, concerning wells." The sections of the memorandum titles "Scope of Phase 1 Investigations," "Interim Phase 1 Findings," and "Scope of Phase 2 Investigations" are almost exclusively details of geological and geophysical characteristics, the identification of plant characteristics associated with these characteristics, or the discussion of plans for monitoring of wells and new wells to evaluate the models developed from those characteristics.

b) Disclosure of the introductory paragraph and the section of the memoranda titled "Background" is not subject to withholding but is explanatory material that is readily available in other documents submitted to the NRC that are not the subject of a request for withholding.

c) The memoranda was prepared in support of ongoing Entergy activities associated with the evaluation of identified contamination in the groundwater, including the monitoring and tracing such spread, and the addition of wells to determine groundwater models. This work is subject to the inspection of the NRC and State Agencies but is otherwise of a nature that Entergy would hold to limited distribution.

d) The memorandum contains an interim update of the ongoing findings, ongoing investigations, and ongoing plans and is therefore subject to changes. Disclosure of this information would cause specific harm due to the potential for plans to change and work to be rescheduled as time passes, activities are completed, and new information to result in changes. The disclosure could result in the appearance of providing misinformation.

Docket No. 50-247 NL-06-055 Attachment I Page 2 of 2 State of New York )

) ss:

County of Westchester )

James Comiotes, is being duly swom, deposes and says that he has read the forgoing affidavit and the matters stated therein are true and correct to the best of his knowledge, information, and belief.

S~me Coriotes or of Nuclear Safety Assurance Subscribed and sworn before me this Ai/ day of May, 2006 Notary Public Christina Leitnann Notary Public, State of N~ew York Registration #01 LE5070946 Qualified InPutnam County My Commission Expires Jan, 6, 20Q.