ML18171A034

Request for Withholding Information from Public Disclosure (Holtec)

ML18171A034
Person / Time
Site:	Indian Point
Issue date:	06/29/2018
From:	Richard Guzman Plant Licensing Branch 1
To:	Entergy Nuclear Operations
Guzman R, 415-1030
References
EPID L-2017-LLA-0408
Download: ML18171A034 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, O.C. 20555-0001 June 29, 2018 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 NUCLEAR GENERATING UNIT NO. 2 (EPID L-2017-LLA-0408)

Dear Sir or Madam:

By letter dated December 11, 2017 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML17354A014), Entergy Operations, Inc. referenced an affidavit dated October 3, 2017, executed by Kimberly Manzione, Licensing Manager, Holtec International, requesting 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:

NETCO Report, NET-28091-0003-01, Revision 0, "Criticality Safety Analysis for the Indian Point Unit 2 Spent Fuel Pool with No Absorber Panel Credit" (Proprietary)

A non-proprietary version of the above document is available under ADAMS Accession No. ML17354A015.

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

(4)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; (4)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;

(4)e. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.

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, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

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 document. If the need arises, the NRC may send copies of this information to our 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) 415-1030 or Richard.Guzman@nrc.gov.

Sincerely, Richard V. Guzman, Senior Project Manager Plant Licensing Branch I Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-247 cc: Ms. Kimberly Manzione Licensing Manager Holtec International Holtec Center One Holtec Drive Marlton, NJ 08053 Additional Distribution via Listserv

ML18171A034 OFFICE NRR/DORL/LPL 1/PM NRR/DORL/LPL 1/LA NRR/DSS/SNPB/BC NAME RGuzman (JKim for) KGoldstein RLukes (SKrepel for)

DATE 6/25/18 06/25/18 6/28/18 OFFICE NRR/DORL/LPL 1/BC NRR/DORL/LPL 1/PM NAME JDanna RGuzman DATE 6/29/18 6/29/18