ML21203A353

Request for Withholding Information from Public Disclosure

ML21203A353
Person / Time
Site:	Waterford
Issue date:	08/09/2021
From:	James Drake Plant Licensing Branch IV
To:	Entergy Operations
Drake J
References
EPID L-2020-LLA-0164
Download: ML21203A353 (4)

Text

August 9, 2021 Site Vice President Entergy Operations, Inc.

Waterford Steam Electric Station, Unit 3 17265 River Road Killona, LA 70057-3093

SUBJECT:

WATERFORD STEAM ELECTRIC STATION, UNIT 3 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2020-LLA-0164)

Dear Sir or Madam:

By letter W3F1-2021-0041 dated June 2, 2021 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML21153A390), Entergy Operations, Inc. (the licensee) submitted two affidavits dated May 11, and May 27, 2021, which were executed by Mr. Anthony J. Schoedel for Westinghouse Electric Company LLC, requesting that the U.S. Nuclear Regulatory Commission (NRC) withhold the following portions of letter W3F1-2021-0041 from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

Enclosure 1, Response to NRC Requests for Additional Information, Proprietary.

Enclosure 2 is a nonproprietary version of Enclosure 1 and is available in ADAMS at Accession No. ML21153A390.

Enclosure 1, Attachment 1, EQ-QR-412-CWTR3, Revision 2, Core Protection Calculator System Upgrade Project Equipment Qualification Summary Report for Waterford Unit 3, Proprietary By letter W3F1-2021-0047 dated June 21, 2021 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML21172A299), the licensee submitted two affidavits dated February 18 and April 12, 2021, which were executed by Mr. Zachary S. Harper for Westinghouse Electric Company LLC, requesting that the NRC withhold the following portions of letter W3F1-2021-0047 from public disclosure pursuant to 10 CFR, Part 2, Section 2.390:

Enclosure 1, Westinghouse Specification CN-EQT-20-2, Revision 4, Qualification Evaluation of Core Protection Calculator System Equipment for Waterford Unit 3 Auxiliary Protection Cabinet, Proprietary Enclosure 2, Westinghouse Specification CN-EQT-20-5, Revision 2, Qualification Evaluation of Core Protection Calculator System Equipment for Waterford Unit 3 Main Control Room, Proprietary

By letter W3F1-2021-0051 dated July 19, 2021 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML21200A254), the licensee submitted an affidavit dated June 25, 2021, which was executed by Ms. Jill S. Monahan for Westinghouse Electric Company LLC, requesting that the NRC withhold the following enclosure of letter W3F1-2021-0051 from public disclosure pursuant to 10 CFR, Part 2, Section 2.390:

Enclosure 1, WCAP-18484-P, Revision 1, Licensing Technical Report for the Waterford Steam Electric Station Unit 3 Common Q Core Protection Calculator System, Proprietary. Enclosure 2 is a nonproprietary version of Enclosure 1 and is available in ADAMS at Accession No. ML21200A254.

The affidavits dated February 18, April 12, May 11, May 27, and June 25, 2021, stated that the submitted information in Enclosure 1 and its Attachment 1 of letter W3F1-2021-0041, Enclosures 1 and 2 of letter W3F1-2021-0047, and Enclosure 1 of letter W3F1-2021-0051 should be considered exempt from mandatory public disclosure for the following reasons:

4(i) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse and is not customarily disclosed to the public.

4(ii) The information sought to be withheld is being transmitted to the Commission in confidence and, to Westinghouses knowledge, is not available in public sources.

4(iii) . . . public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar technical evaluation justifications and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

The NRC staff has reviewed the submittals in accordance with the requirements of 10 CFR 2.390 and, based on the statements in the affidavits, has determined that the submitted information sought to be withheld (i.e., Enclosure 1 and its Attachment 1 of letter W3F1-2021-0041; Enclosures 1 and 2 of letter W3F1-2021-0047; and Enclosure 1 of letter W3F1-2021-0051) contains proprietary commercial information and should be withheld from public disclosure. In addition, the NRC staff has determined that Attachment 1 to Enclosure 1 of letter W3F1-2021-0041 and Enclosures 1 and 2 of letter W3F1-2021-0047 contain extensive proprietary information to an extent that nonproprietary (i.e., redacted) versions would be of no value to the public.

Therefore, the aforementioned documents 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, the NRC may send copies of this information to its consultants. The NRC will ensure that its 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, the licensee should promptly notify the NRC. The NRC may revisit this determination in the future if, for example, the scope of a Freedom of Information Act request includes this information. The NRC will notify the licensee in advance of any public disclosure if the NRC makes such a determination.

Any questions regarding this matter can be directed to me at 301-415-8378 or Jason.Drake@nrc.gov.

Sincerely,

/RA Audrey Klett for/

Jason J. Drake, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-382 cc: Anthony J. Schoedel Manager, eVinci Licensing &

Configuration Management Ref. CAW-21-5188, CAW-21-5183, CAW-21-5197 Westinghouse Electric Company 1000 Westinghouse Drive Cranberry Township, PA 16066 Zachary S. Harper Manager, Licensing Engineering Ref. CAW-20-5174, CAW-20-5153 Westinghouse Electric Company 1000 Westinghouse Drive, Suite 165 Cranberry Township, PA 16066 Jill S. Monahan Manager, eVinci Licensing &

Configuration Management Ref. CAW-21-5197 Westinghouse Electric Company 100 Westinghouse Drive Cranberry Township, PA 16066 Listserv

ML21203A353 OFFICE NRR/DORL/LPL1/PM NRR/DORL/LPL4/LA NRR/DSS/SNSB/BC NAME AKlett PBlechman SKrepel DATE 7/23/2021 7/27/2021 7/29/2021 OFFICE NRR/DRO/IQVB/BC NRR/DEX/EICB/BC NRR/DORL/LPL4/BC NAME KKavanagh MWaters JDixon-Herrity DATE 7/29/2021 7/29/2021 8/9/2021 OFFICE NRR/DORL/LPL4/PM NAME JDrake (AKlett for)

DATE 8/9/2021