ML13219A379

Request for Withholding Information from Public Disclosure - 12/6/12 and 8/1/13 Letters Regarding Summary Report After Achieving EPU Power Level for the Replacement Steam Dryer

ML13219A379
Person / Time
Site:	Grand Gulf
Issue date:	09/05/2013
From:	Wang A Plant Licensing Branch IV
To:	Entergy Operations
Wang A
References
TAC MF0343
Download: ML13219A379 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 September 5,2013 Vice President, Operations Entergy Operations, Inc.

Grand Gulf Nuclear Station P.O. Box 756 Port Gibson, MS 39150

SUBJECT:

REQUESTS FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR GRAND GULF NUCLEAR STATION, UNIT 1 (TAC NO. MF0343)

Dear Sir or Madam:

By letter dated December 6, 2012 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML123420255), you submitted an affidavit dated December 2, 2012, executed by Mr. James F. Harrison, GE-Hitachi Nuclear Energy Americas LLC (GEH),

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:

Attachment to letter GNRO-2012/00150, GEH Report NEDC-33765, Supplement 4P, Revision 0, "Grand Gulf Nuclear Station - Replacement Steam Dryer EPU Full Re-Analysis and Benchmarking (GEH Proprietary Information)"

No publicly available version of the Attachment to letter GNRO-2012/00150 was prepared as GEH has stated that a vast majority of the report is proprietary and a non-proprietary version would be of no value. The affidavit 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 GEH's competitors without license from GEH constitutes a competitive economic advantage over other companies.

b. Information that, if used by a competitor, would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

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.

-2 Therefore, the Attachment to letter GNRO-2012/00150 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.

In addition, by letter dated August 1, 2013 (ADAMS Accession No. ML13214A138), you submitted an affidavit dated July 31, 2013, executed by Mr. Peter M. Yandow, GEH, requesting that the information contained in the following documents be withheld from public disclosure pursuant to 10 CFR 2.390:

Attachment 1 to letter GNRO-2013/00051, GEH Report NEDC-33765, Supplement 4P, Revision 1, "Grand Gulf Nuclear Station - Replacement Steam Dryer EPU Full Re-Analysis and Benchmarking (GEH Proprietary Information),"

and Attachment 2 to letter GNRO*2013/00051, "Grand Gulf Nuclear Station Responses to NRC Requests for Additional Information (Proprietary Version)"

No publicly available version of Attachment 1 was prepared as GEH has stated that a vast majority of the report is proprietary and a non-proprietary version would be of no value. A publicly available version of Attachment 2 is in the NRC Library at ADAMS Accession No. ML13214A138. The affidavit 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 GEH's competitors without license from GEH constitutes a competitive economic advantage over GEH or other companies.

b. Information that, if used by a competitor, would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

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, Attachments 1 and 2 to letter GNRO-2013/00051 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.

-3 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, please contact me at 301-415-1445 or via e-mail at alan.wang@nrc.gov.

Sincerely,

..~

~::roject Manage~

Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-416 cc: James F. Harrison Vice President, Fuel Licensing GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Rd.

Wilmington, NC 28401 Peter M. Yandow NPP/Services Licensing Manager Regulatory Affairs GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Rd.

Wilmington, NC 28401 Additional Distribution via Listserv

ML13219A379 OFFICE NRRlDORULPL4/PM NRRlDORULPL4/LA NRRlDE/EMCB/BC NRRlDORULPL4/BC NRRlDORULPL4/PM NAME AWang JBur1<hardt AMcMurtray MMarkley JRankin for AWang DATE 8/9/13 8/8/13 8/26113 9/4/13 9/5/13