ML16020A219

Request for Withholding Information from Public Disclosure for Indian Point Unit Nos. 2 and 3 (CAC Nos. MF7193 and MF7194)

ML16020A219
Person / Time
Site:	Indian Point, Turkey Point
Issue date:	02/17/2016
From:	Pickett D Plant Licensing Branch 1
To:	Entergy Nuclear Operations
Pickett D, NRR/DORL/LPLI-1
References
CAC MF7193, CAC MF7194
Download: ML16020A219 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 17, 2016 Vice President, Operations Entergy Nuclear Operations, Inc.

Indian Point Energy Center 450 Broadway, GSB P.O. Box 249 Buchanan, NY 10511-0249

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR INDIAN POINT UNIT NOS. 2 AND 3 (CAC NOS. MF7193 AND MF7194)

Dear Sir or Madam:

By letter dated December 10, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML15350A006), Entergy Nuclear Operations, Inc. (Entergy) submitted an affidavit (reference CAW-15-4337) dated November 18, 2015, executed by Mr. James A.

Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company, requesting that information contained in the following document be withheld from public disclosure pursuant to Title 1O of the Code of Federal Regulations ( 1O CFR) Section 2. 390:

Attachment 5 - Entergy response to BVPS [Beaver Valley Power Station], FNP [Farley Nuclear Plant] and VEGP [Vogtle Electric Generating Plant] RAI [Request for Additional Information] Questions (Proprietary), "Conditional Exemption from End-of-Life Moderator Temperature Coefficient Measurement."

A non-proprietary version of the above document is available under ADAMS Accession No. ML16042A077 (Attachment 6).

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

(4)(ii)(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.

(4)(ii)(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 U.S. Nuclear Regulatory Commission (NRC) staff has reviewed the submittal in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, has determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the aforementioned document 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 working in this area. 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 NRC should be promptly notified. 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 you in advance of any public disclosure if the NRC makes such a determination.

If you have any questions regarding this matter, please contact me at (301) 415-1364 or Douglas.Pickett@nrc.gov.

Sincerely, Douglas V. Pickett, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286 cc: Mr. James A Gresham greshaja@westing house. com Manager, Regulatory Compliance Westinghouse Electric Company LLC 1000 Westinghouse Drive Building 3, Suite 310 Cranberry Township, PA 16066 Additional Distribution via Listserv

ML16020A219 *by e-mail OFFICE NRR/DORL/LPLl-1/PM NRR/DORL/LPLl-1/LA NRR/DSS/SRXB/BC*

NAME DPickett KGoldstein EOesterle DATE 01/20/16 01/21/16 02/01/16

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OFFICE NRR/DORL/LPLl-1/BC NRR/DORL/LPLl-1 /PM NAME TTate DPickett 1 DATE 02/11/16 02/17/16