ML15216A286

Request for Withholding Information from Public Disclosure (TAC No. ME4028)

ML15216A286
Person / Time
Site:	Seabrook
Issue date:	08/17/2015
From:	Plasse R A Division of License Renewal
To:	Dean Curtland NextEra Energy Seabrook
Plasse R A, NRR/DLR, 415-1427
References
DLR-15-0377, TAC ME4028
Download: ML15216A286 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Dean Curtland, Site Vice President Seabrook Station NextEra Energy Seabrook, LLC P.O. Box 300 Seabrook, NH 03874

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME4028)

Dear Mr. Curtland:

By letter dated June 30, 2015, Agencywide Documents Access and Management System (ADAMS) under Accession Nos. ML15183A020 and ML15183A023, you submitted an affidavit dated June 30, 2015, 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), Part 2, Section 2.390:

Enclosure 4 to SBK-L-15107: "MPR-4153, Seabrook Station, Approach for Estimating Through-Thickness Expansion from Alkali-Silica Reaction, MPR Associates, Inc., Alexandria, VA, June 2015 (Proprietary)."

A nonproprietary version of this document is located in the letter (Enclosure 3 of this letter, ADAMS Accession No. ML15183A020).

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

• The information sought to be withheld is considered to be proprietary and confidential commercial information because alkali-silica reaction (ASR) is a newly-identified phenomenon at domestic nuclear plants. The information requested to be withheld is the result of several years of intensive NextEra Energy Seabrook effort and the expenditure of a considerable sum of money. This information may be marketable in the event nuclear facilities or other regulated facilities identify the presence of ASR. In order for potential customers to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended. The extent to which this information is available to potential customers diminishes NextEra Energy Seabrook's ability to sell products and services involving the use of the information. Thus, public disclosure of the information sought to be withheld is likely to cause substantial harm to NextEra Energy Seabrook's competitive position and NextEra Energy Seabrook has a rational basis for considering this information to be confidential commercial information.

• The information sought to be withheld is being submitted to the NRC in confidence.August 17, 2015 D. Curtland

• The information sought to be withheld has, to the best of NextEra Energy Seabrook knowledge and belief, consistently been held in confidence by NextEra Energy Seabrook; has not been disclosed publicly; and has not been made available in public sources.

• The information is of a sort customarily held in confidence by NextEra Energy Seabrook, and is in fact so held.

• All disclosures to third parties, including any required transmittals to the NRC, have been or will be pursuant to regulatory provisions or confidentiality agreements or both that provide for maintaining the information in confidence. 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, Enclosure 4 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 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.

If you have any questions regarding this matter, I may be reached at 301-415-1427 or e-mail Richard.Plasse@nrc.gov. Sincerely, /RA/

Richard Plasse, Project Manager Projects Branch 1 Division of License Renewal Office of Nuclear Reactor Regulation Docket No. 50-443

cc: Listserv D. Curtland

• The information sought to be withheld has, to the best of NextEra Energy Seabrook knowledge and belief, consistently been held in confidence by NextEra Energy Seabrook; has not been disclosed publicly; and has not been made available in public sources.

• The information is of a sort customarily held in confidence by NextEra Energy Seabrook, and is in fact so held.

• All disclosures to third parties, including any required transmittals to the NRC, have been or will be pursuant to regulatory provisions or confidentiality agreements or both that provide for maintaining the information in confidence. 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, Enclosure 4 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 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.

If you have any questions regarding this matter, I may be reached at 301-415-1427 or e-mail Richard.Plasse@nrc.gov. Sincerely, /RA/ Richard Plasse, Project Manager Projects Branch 1 Division of License Renewal Office of Nuclear Reactor Regulation Docket No. 50-443

cc: Listserv DISTRIBUTION: See next page Accession No. ML15216A286

• Concurred via e-mail OFFICE LA:DLR PM:RPB1:DLR PM:RASB BC:RPB1:DLR PM:RPB1:DLR NAME YEdmonds RPlasse ABuford YDiaz-Sanabria RPlasse DATE 8/ 11 /15 8/ 11 /15 8/ 11 /15 8/ 17 /15 8/ 17 /15 OFFICIAL RECORD COPY Letter to D. Curtland from R. Plasse date August 17, 2015

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME4028)

DISTRIBUTION:

HARDCOPY: DLR RF E-MAIL: PUBLIC RidsNrrDlr Resource RidsNrrDlrRpb1 Resource RidsNrrDlrRpb2 Resource RidsNrrDlrRarb Resource RidsNrrDlrRasb Resource RidsNrrDlrRerb Resource RidsNrrDraApla Resource Listserv -----------------------------------

Richard.Plasse@nrc.gov Lois.James@nrc.gov Brian.Wittick@nrc.gov Angela.Buford@nrc.gov James.Danna@nrc.gov John.Lamb@nrc.gov David.Mclntyre@nrc.gov Eugene.Dacus@nrc.gov Brian.Harris@nrc.gov Glenn.Dental@nrc.gov Paui.Cataldo@nrc.gov Chris.Newport@nrc.gov Jasmine.Gilliam@nrc.gov Nancy.McNamara@nrc.gov Doug.Tiff@nrc.gov Neil.Sheehan@nrc.gov Diane.Screnci@nrc.gov