ML072140014

2007/07/26-Submittal of Affidavit of John P. Gaertner in Support of Continued Protection of Proprietary Documents

ML072140014
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	07/26/2007
From:	Doris Lewis, Travieso-Diaz M Entergy Nuclear Operations, Entergy Nuclear Vermont Yankee, Pillsbury, Winthrop, Shaw, Pittman, LLP
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-271-LR, ASLBP 06-849-03-LR, RAS 13949
Download: ML072140014 (7)

Text

6Opv July 26, 2007 UNITED STATES OF AMERICA DOCKETED NUCLEAR REGULATORY COMMISSION USNRC July 26, 2007 (10:47am)Before the Atomic Safety and Licensing Board OFFICE OF SECRETARY RULEMAKINGS AND In the Matter of )ADJUDICATIONS STAFF)Entergy Nuclear Vermont Yankee, LLC ) Docket No. 50-271-LR and Entergy Nuclear Operations, Inc. ) ASLBP No. 06-849-03-LR

)(Vermont Yankee Nuclear Power Station) )SUBMITTAL OF AFFIDAVIT OF JOHN P. GAERTNER IN SUPPORT OF CONTINUED PROTECTION OF PROPRIETARY DOCUMENTS Pursuant to Paragraph 11 of the Order (Protective Order Governing Non-Disclosure of Certain Documents Claimed to be Proprietary)

("Protective Order") issued by the Atomic Safety and Licensing Board ("Board")

on January 12, 2007 in the above captioned proceeding, Applicants Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.(collectively "Entergy")

submit hereby the "Nondisclosure Certification Pursuant to 10 C.F.R. §2.390 -Affidavit of Jolm P. Gaertner" ("Gaertner Affidavit")

demonstrating that two documents filed by the New England Coalition, Inc. ("NEC") in its Opposition to Entergy's Motion for Summary Disposition of NEC's Contention 4 (Flow Accelerated Corrosion)

("NEC's Opposition"), dated July 16, 2007, are Proprietary Documents that contain commercial information that is privileged and confidential and warrants protection under 10 C.F.R. §2.390(a)(4) and (b)(4)(i)-(v).

The documents in question, listed in Attachment 1 to the Gaertner Affidavit, were discussed in NEC's Opposition and in the Declaration of Ulrich Witte ("Witte Declaration")

filed in support of NEC's Opposition.

They were also included as Attachments F and H to the Witte Declaration.

/-F C--

For the reasons set forth in the Gaertner Affidavit, Entergy requests that the protections established in the Board's Protective Order continue to be afforded to these two documents.

Respectfully Submitted, David R. Lewis Matias F. Travieso-Diaz PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W.Washington, DC 20037-1128 Tel. (202) 663-8000 Counsel for Entergy Dated: July 26, 2007 2 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of ))Entergy Nuclear Vermont Yankee, LLC ) Docket No. 50-271-LR and Entergy Nuclear Operations, Inc. ) ASLBP No. 06-849-03-LR

)(Vermont Yankee Nuclear Power Station) )Nondisclosure Certification Pursuant to 10 C.F.R. §2.390(b)Affidavit of John P. Gaertner County of Mecklenburg

)) SS.State of North Carolina )I, Jolm P. Gaertner, being duly sworn according to law, depose and state as follows: 1. I am the Senior Sector Business Operations Manager for the Electrical Power Research Institute, Inc. ("EPRI").

My business address is 1300 W.T. Harris Blvd., Charlotte, NC 28262. I am authorized to provide this certification, pursuant to 10 C.F.R.§2.390(b), on behalf of EPRI.2. I have been asked to review the two documents listed in Attachment I to this Affidavit to determine whether they meet the requirements for protection from public disclosure set forth in U.S. Nuclear Regulatory Commission regulations and regulatory guidance.

I have personally conducted or overseen such a review against the criteria in 10 CFR § 2.390(b) and the guidance in NRC Staff Regulatory Issue Summary ("RIS")2004-11. It is my opinion that each of the documents in Attachment 1 meets the

'I requirements for withholding from public disclosure because each of them contains information that: a. Is and has been held in confidence by EPRI.b. Is of a type that is customarily held in confidence by a party in EPRI's position because it contains sensitive technical analyses, techniques, know-how and data.c. Is not available in public sources and could not be gathered readily from other publicly available information.

d. If publicly disclosed, its disclosure would create substantial harm to the competitive position of EPRI by making available to EPRI's competitors technical analyses, techniques, know-how and data that could be used to EPRI's commercial disadvantage.

e. Has been transmitted to Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. ("Entergy")

in confidence, for its internal use only and in the course of a commercial relationship between EPRI and Entergy.f. Has been provided, by Entergy to other parties in the above captioned proceeding in confidence and only to fulfill its discovery obligations therein.3. Further, the affiant sayeth not./o Gaertner./

Subscribed and sworn to before me of July, 2007 Notry Phic My commission expires: a +/- 0 02, o ATTACHMENT 1 EPRI DOCUMENTS FOR WHICH PROTECTION FROM DISCLOSURE IS SOUGHT PURSUANT TO 10 C.F.R. § 2.390 1. EPRI Report No. 1011838 entitled "Recommendations for an Effective Flow-Accelerated Corrosion Program (NSAC-202L-R3)" (May 2006)2. Letter from Douglas P. Munson (EPRI) to James Fitzpatrick (Entergy) (February 28, 2000).

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.(Vermont Yankee Nuclear Power Station)))))))Docket No. 50-271-LR ASLBP No. 06-849-03-LR CERTIFICATE OF SERVICE I hereby certify that copies of "Submittal of Affidavit of John P. Gaertner in Support of Continued Protection of Proprietary Documents" and "Nondisclosure Certification Pursuant to 10 C.F.R. § 2.390 -Affidavit of John P. Gaertner" were served on the persons listed below by deposit in the U.S. Mail, first class, postage prepaid, or with respect to Judge Elleman by overnight mail, and where indicated by an asterisk by electronic mail, this 26thth day of July, 2007.*Administrative Judge Alex S. Karlin, Esq., Chairman Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 ask2?(tnrc.gov

• Administrative Judge Dr. Thomas S. Elleman Atomic Safety and Licensing Board 5207 Creedmoor Road, #101, Raleigh, NC 27612.tse @vnrc.gov

elleman(L).eos.ncsu.edu

• Administrative Judge Dr. Richard E. Wardwell Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 rew Ownrc. gov*Secretary Att'n: Rulemakings and Adjudications Stfff Mail Stop 0-16 C I U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 secy@nrc.gov, hearingdocket(Zinrc.gov Office of Commission Appellate Adjudication Mail Stop 0-16 Cl U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001

• Lloyd B. Subin, Esq.*Mary C. Baty, Esq.Office of the General Counsel Mail Stop 0-15 D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 lbs3 (wnrc.,gov; mcb 1 (@)nrc. iov*Anthony Z. Roisman, Esq.National Legal Scholars Law Finn 84 East Thetford Road Lyme, NH 03768 aroisman( nwnational leaalscholars.com Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001

• Sarah Hofmann, Esq.Director of Public Advocacy Department of Public Service 112 State Street -Drawer 20 Montpelier, VT 05620-2601 Sarah.hoflnann(c27state.vt.us

• Ronald A. Shems, Esq.*Karen Tyler, Esq.Shems, Dunkiel, Kassel & Saunders, PLLC 9 College Street Burlington, VT 05401 rshems(oDsdkslaw.com ktylernaisdkslaw.com

• Marcia Carpentier, Esq.Law Clerk Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 mxc7@(nrc.gQov

• Peter C. L. Roth, Esq.Senior Assistant Attorney General State of New Hampshire Office of the Attorney General 33 Capitol Street Concord, NH 03301 Peter.Rothidoj.nh.gov Matias F. Travieso-DiaV 2