ML15288A140

Indian Point Nuclear Generating, Unit 2 - Request for Withholding Information from Public Disclosure (CAC No. MF5282)

ML15288A140
Person / Time
Site:	Indian Point
Issue date:	12/04/2015
From:	Pickett D V Plant Licensing Branch 1
To:	Entergy Nuclear Operations
Pickett D V
References
CAC MF5282
Download: ML15288A140 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Vice President, Operations Entergy Nuclear Operations, Inc. Indian Point Energy Center 450 Broadway, GSB P.O. Box 249 Buchanan, NY 10511-0249 December 4, 2015 SUBJECT: REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR INDIAN POINT NUCLEAR GENERA TING UNIT NO. 2 (CAC NO. MF5282) Dear Sir or Madam: By letter dated November 13, 2014 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML 14329A194), Entergy Operations, Inc. referenced affidavits dated November 6 and November 7, 2014, executed by James A. Gresham, Westinghouse Electric Company, and Haizhen Pan, Holtec International, respectively. These affidavits requested that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390: Attachment 1 to NL-14-083, "NETCO Report NET-300067-01 (proprietary)" A publicly available version of Attachment 1 (labeled as Attachment 2) is located under ADAMS Accession No. ML 14329A195. The November 6, 2014, affidavit from Westinghouse Electric Company 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 Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies. (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. The November 7, 2014, affidavit from Holtec International stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons: a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtec's competitors without license from Holtec International constitutes a competitive economic advantage over other companies;

-2 -b. Information which, if used 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 of a similar product; e. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection. 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 affidavits, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, Attachment 1 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 U.S. Nuclear Regulatory Commission (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.

-3 -If you have any questions, please contact me at 301-415-1364 or Douglas.Pickett@nrc.gov. Docket No. 50-247 cc: Mr. James A. Gresham Regulatory Compliance Westinghouse Electric Company 1000 Westinghouse Drive, Building 3 Cranberry Township, PA 16086 Ms. Haizhen Pan, Program Manager Holtec International Holtec Center One Holtec Drive Marlton, NJ 08053 Distribution via Listserv Sincerely, Douglas V. Pickett, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

-3 -If you have any questions, please contact me at 301-415-1364 or Douglas.Pickett@nrc.gov. Docket No. 50-247 cc: Mr. James A. Gresham Regulatory Compliance Westinghouse Electric Company 1000 Westinghouse Drive, Building 3 Cranberry Township, PA 16086 Ms. Haizhen Pan, Program Manager Holtec International Holtec Center One Holtec Drive Marlton, NJ 08053 Distribution via Listserv DISTRIBUTION: Sincerely, IRA/ Douglas V. Pickett, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation PUBLIC LPL 1-1 R/F RidsRgn1 MailCenter RidsNrrLAKGoldstein RidsNrrDssSrxb KWood, NRR RidsNrrDorlLpl 1-1 RidsACRS_MailCTR GDentel, R-1 APatel, NRR RidsNrrPMlndianPoint ADAMS Accession No.: ML 15288A140 OFFICE DORL/LPL4-2/PM DORL/LPL 1-1/PM DORL/LPL 1-1 /LA DSS/SRXB/BC DORL/LPL 1-1 /BC NAME A Wang DPickett KGoldstein CJackson TT ate (LRonewicz for) DATE 10/16/2015 10/19/2015 10/15/2015 10/22/2015 12/04/2015 OFFICIAL RECORD COPY