ML20314A319

Request for Withholding Information from Public Disclosure

ML20314A319
Person / Time
Site:	Perry
Issue date:	11/20/2020
From:	Scott Wall Plant Licensing Branch III
To:	Penfield R Energy Harbor Nuclear Corp
Wall S
References
EPID L-2020-LLR-0004
Download: ML20314A319 (3)

Text

November 20, 2020 Mr. Rod L. Penfield Site Vice President Energy Harbor Nuclear Corp.

Perry Nuclear Power Plant P.O. Box 97, Mail Stop A-PY-A290 Perry, OH 44081-0097

SUBJECT:

PERRY NUCLEAR POWER PLANT, UNIT NO. 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2020-LLR-0004)

Dear Mr. Penfield:

By letter dated November 2, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20308A436), you submitted an affidavit dated October 29, 2020, executed by Steve Chengelis, Director, Plant Support, Electric Power Research Institute (EPRI),

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), Part 2, Section 2.390:

Letter L-20-270, dated November 2, 2020 Perry Nuclear Power Plant, Docket No. 50-440, License No. NPF-58 Response to Request for Additional Information for Proposed Alternative to American Society of Mechanical Engineers Boiler and Pressure Vessel Code IR-056, Revision 3 (EPID L-2020-LLR-0004)

A nonproprietary copy of this document has been placed in the U. S. Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the NRC Library in ADAMS under Accession No. ML20308A437.

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

a. EPRI considers the Proprietary Information contained therein to constitute trade secrets of EPRI. As such, EPRI holds the information in confidence and disclosure thereof is strictly limited to individuals and entities who have agreed, in writing, to maintain the confidentiality of the Information.

b. EPRI made a substantial economic investment to develop the Proprietary Information and, by prohibiting public disclosure, EPRI derives an economic benefit in the form of licensing royalties and other additional fees from the confidential nature of the Proprietary Information. If the Proprietary Information were publicly available to consultants and/or other businesses providing services in the electric and/or nuclear power industry, they would be able to use the Proprietary Information for their own

R. Penfield commercial benefit and profit and without expending the substantial economic resources required of EPRI to develop the Proprietary Information.

c. A public disclosure of the Proprietary Information would be highly likely to cause substantial harm to EPRl's competitive position and the ability of EPRI to license the Proprietary Information both domestically and internationally. The Proprietary Information and Report can only be acquired and/or duplicated by others using an equivalent investment of time and effort.

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 affidavit, 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(d)(4) 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 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.

Sincerely,

/RA/

Scott P. Wall, Senior Project Manager Plant Licensing Branch III Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-440 cc: Listserv Mr. Steve Chengelis, Director Plant Support Electric Power Research Institute 1300 W WT Harris Blvd.

Charlotte, NC 28262

ML20314A319 *via e-mail OFFICE NRR/DORL/LPL3/PM* NRR/DORL/LPL3/LA* NRR/DNRL/NVIB/BC*

NAME SWall SRohrer HGonzalez DATE 11/9/2020 11/10/2020 11/13/2020 OFFICE NRR/DORL/LPL3/BC* NRR/DORL/LPL3/PM*

NAME NSalgado SWall DATE 11/20/2020 11/20/2020