ML071900169

Request for Withholding Information from Public Disclosure from Application for Request for Relief from ASME Section XI Code Requirements for Repair of Pressurizer Nozzle Penetrations

ML071900169
Person / Time
Site:	Palisades
Issue date:	08/06/2007
From:	Mahesh Chawla NRC/NRR/ADRO/DORL/LPLIII-1
To:	Balduzzi M Entergy Nuclear Operations
Chawla M, NRR/DORL, 415-8371
References
TAC MD3166
Download: ML071900169 (5)

Text

August 6, 2007 Mr. Michael Balduzzi Sr. Vice President, Regional Operations NE Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601

SUBJECT:

PALISADES NUCLEAR PLANT - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FROM APPLICATION FOR REQUEST FOR RELIEF FROM ASME SECTION XI CODE REQUIREMENTS FOR REPAIR OF PRESSURIZER NOZZLE PENETRATIONS (TAC NO.

MD3166)

Dear Mr. Balduzzi:

On September 15, 2006, Nuclear Management Company, LLC (NMC, licensee at time of submittal), filed an application, pursuant to Section 50.55a of Title 10 of the Code of Federal Regulations (10 CFR 50.55a), that proposed an alternative repair technique for a pressurizer heater sleeve penetration repair at the Palisades Nuclear Plant. Entergy Nuclear Operations, Inc. has since become the current licensee, following a license transfer that occurred on April 11, 2007.

In its application dated September 15, 2006, the licensee submitted an affidavit dated September 12, 2006, executed by B. F. Maurer of Westinghouse Electric Company, LLC (Westinghouse), requesting that the information contained in the following document be withheld from public disclosure pursuant to 10 CFR Part 2, Section 2.390:

LTR-MRCDA-06-171-P, Low Alloy Steel Component Corrosion Analysis Supporting NMC Small-Diameter Alloy 600 Nozzle Repair/Replacement Program at Palisades, which is Attachment 3 of Enclosure 2, to Request for Relief from ASME Section XI Code Requirements for Repair of Pressurizer Nozzle Penetrations, dated September 15, 2006.

A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agency Wide Documents Access and Management System Public Electronic Reading Room.

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

(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouses competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

M. Balduzzi (b) It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

(c) Its use 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 a similar product.

We have reviewed the application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the version(s) 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 301-415-8371.

Sincerely,

/RA/

Mahesh L. Chawla, Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-255 cc: See next page

ML071900169 OFFICE NRR/LPL3-1 NRR/LPL3-1/PM NRR/LPL3-1/LA NRR/DCI/CPNB NRR/LPL3-1/(A)BC NAME RSun MChawla THarris TChan TTate DATE 07/12/07 08/ 03 /07 07/11/07 07/19/07 08/ 06 /07 Palisades Plant cc:

Regional Administrator, Region III Sr. Vice President, U.S. Nuclear Regulatory Commission Engineering and Technical Services Suite 210 Entergy Nuclear Operations, Inc.

2443 Warrenville Road 1340 Echelon Parkway Lisle, IL 60532-4351 Jackson, MS 39213 Supervisor Mr. Christopher J. Schwarz Covert Township Site Vice President P. O. Box 35 Entergy Nuclear Operations Covert, MI 49043 Palisades Nuclear Plant 27780 Blue Star Memorial Highway Office of the Governor Covert, MI 49043 P. O. Box 30013 Lansing, MI 48909 General Manager, Plant Operations Entergy Nuclear Operations U.S. Nuclear Regulatory Commission Palisades Nuclear Plant Resident Inspector's Office 27780 Blue Star Memorial Highway Palisades Plant Covert, MI 49043 27782 Blue Star Memorial Highway Covert, MI 49043 Mr. Oscar Limpias Vice President, Engineering Michigan Department of Environmental Quality Entergy Nuclear Operations Waste and Hazardous Materials Division 1340 Echelon Parkway Hazardous Waste and Radiological Jackson, MS 39213 Protection Section Nuclear Facilities Unit Mr. John F. McCann Constitution Hall, Lower-Level North Director, Nuclear Safety & Licensing 525 West Allegan Street Entergy Nuclear Operations P.O. Box 30241 440 Hamilton Avenue Lansing, MI 48909-7741 White Plains, NY 10601 Michigan Department of Attorney General Ms. Charlene D. Faison Special Litigation Division Manager, Licensing 525 West Ottawa St. Entergy Nuclear Operations Sixth Floor, G. Mennen Williams Building 440 Hamilton Avenue Lansing, MI 48913 White Plains, NY 10601 Mr. Michael R. Kansler Mr. Ernest J. Harkness President & CEO/CNO Director, Oversight Entergy Nuclear Operations Entergy Nuclear Operations 1340 Echelon Parkway 1340 Echelon Parkway Jackson, MS 39213 Jackson, MS 39213 Mr. John T. Herron Mr. William C. Dennis Sr. Vice President Assistant General Counsel Entergy Nuclear Operations Entergy Nuclear Operations 1340 Echelon Parkway 440 Hamilton Avenue Jackson, MS 39213 White Plains, NY 10601 Mr. Joseph P. DeRoy VP, Operations Support Entergy Nuclear Operations, Inc.

1340 Echelon Parkway Jackson, MS 39213 Ms. Laurie A. Lahti Manager, Licensing Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043 Mr. John A. Ventosa GM, Engineering Entergy Nuclear Operations 440 Hamilton Aveune White Plains, NY 10601 Director, NSA Palisades Nuclear Plant 27780 Blue star Memorial Highway Covert, MI 49043 Mr. William DiProfio 48 Bear Hill Road Newton, NH 03858 Mr. William T. Russell 400 Plantation lane Stevensville, MD 21666 Mr. Gary Randolph 1750 Ben Franklin Drive, 7E Sarasota, FL 34246