ML21225A543

Request for Withholding Information from Public Disclosure

ML21225A543
Person / Time
Site:	Arkansas Nuclear
Issue date:	09/23/2021
From:	Thomas Wengert NRC/NRR/DORL/LPL4
To:	Entergy Operations
Wengert T
References
EPID L-2020-LLR-0104
Download: ML21225A543 (4)

Text

September 23, 2021 ANO Site Vice President Arkansas Nuclear One Entergy Operations, Inc.

1448 S.R. 333 Russellville, AR 72802

SUBJECT:

ARKANSAS NUCLEAR ONE, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2020-LLR-0104)

Dear Sir or Madam:

By letter dated September 14, 2021 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML21257A455), you submitted an affidavit executed by Scott Greenhaus from Structural Group, Inc. (SGI) dated August 26, 2021, which requested that the information from the following document (contained in Enclosure 1 of your letter dated September 14, 2021) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:

Enclosure 1, Response to Final Supplemental Request for Additional Information related to Proposed Alternative to ASME [American Society of Mechanical Engineers]

Section XI Requirements for Repair/Replacement of ECP [Emergency Cooling Pond]

Supply Piping in accordance with 10 CFR 50.55a(z)(1) (Proprietary)

A nonproprietary version of Enclosure 1, contained in Enclosure 2 of the letter dated July 22, 2021, has been placed in the U.S. Nuclear Regulatory Commissions (NRC) Public Document Room and added to the NRC Library in ADAMS at the above-referenced Accession No. ML21257A455.

The SGI affidavit stated, in part, that the information should be considered exempt from mandatory public disclosure for the following reasons:

The information sought to be withheld from public disclosure is owned by and has been held in confidence by SGI [and ] this information has substantial commercial value as follows:

1) The SGI plan to sell the use of this information to their customers for the purpose of installing Carbon Fiber Reinforced Polymer (CFRP) in safety related piping.

2) That SGI can sell support and defense of the technology to their customers in the licensing process.

3) The information requested to be withheld reveals the distinguishing aspects of a methodology which was developed by SGI.

4) Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of SGI because it would enhance the ability of competitors to provide similar licensing services for commercial power reactors without commensurate expenses.

5) 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.

6) The development of the technology described in part by the proprietary information is the result of applying the results of many years of experience in an intensive effort by SGI and the expenditure of a considerable sum of money and resources. In order for competitors to duplicate this information, similar technical programs would have to be performed including a significant expenditure [of] money and resources.

We have reviewed the application and 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, the version of the submitted information 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, 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 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) 415-4037 or by e-mail at Thomas.Wengert@nrc.gov.

Sincerely,

/RA/

Thomas J. Wengert, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-313 and 50-368 cc: Scott Greenhaus Executive Vice President Structural Group, Inc.

10150 Old Columbia Road Columbia, MD 21046 Listserv

ML21225A543 *by e-mail OFFICE NRR/DORL/LPL4/PM* NRR/DORL/LPL4/LA* NRR/DNRL/NPHP/BC*

NAME TWengert PBlechman MMitchell DATE 9/16/2021 9/22/2021 9/16/2021 OFFICE NRR/DEX/EMIB/BC(A)* NRR/DORL/LPL4/BC* NRR/DORL/LPL4/PM*

NAME ITseng JDixon-Herrity TWengert DATE 9/22/2021 9/23/2021 9/23/2021