ML15348A435

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Attachment 1 - State of New York'S Objection to Proprietary And/Or Confidential Designations for Certain Westinghouse Documents
ML15348A435
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 11/12/2015
From: Kwong L S
State of NY, Office of the Attorney General
To:
Atomic Safety and Licensing Board Panel
SECY RAS
Shared Package
ML15348A433 List:
References
50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS 28663
Download: ML15348A435 (3)


Text

NOVEMBER 12, 2015 NYS NOTICE OF OBJECTION ATTACHMENT 1 to NYS DECLARATION

UNITED STATES NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD


x In re: Docket Nos. 50

-247-LR; 50-286-LR License Renewal Application Submitted by ASLBP No. 07

-858-03-LR-BD01 Entergy Nuclear Indian Point 2, LLC, DPR-26, DPR-64 Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc.

November 12, 2015 -----------------------------------------------------------

x STATE OF NEW YORK'S OBJECTION TO PROPRIETARY AND/OR CONFIDENTIAL DESIGNATION S FOR CERTAIN WESTINGHOUSE DOCUMENTS In accordance with the Atomic Safety and Licensing Board's September 4, 2009 Protective Order, the State of New York objects to Entergy's designatio n of the documents listed below as containing proprietary information subject to non

-disclosure

. The documents are various documents prepared by Entergy's vendor, Westinghouse

, relating to metal fatigue evaluations for structures and components at the Indian Point nuclear facilities

. Based on the State's review, the documents appear to primarily contain information that is not exempt from public inspection pursuant to 10 C.F.R

. § 2.390. Entergy's request to entirely withhold the information contained in these documents as privileged or confidential trade secrets and/or commercial or financial information is, therefore

, overly broad

. At minimum, Entergy should produce public, redacted versions of these documents.

To facilitate further consultation and resolution of this dispute, the State requests that Entergy (or its vendor, Westinghouse

) indicate, with specificity, (1) the portion(s) of the documents it deems proprietary and confidential by page and line or column number; (2) the basis for such claim (s); and (3) the harm that would result fro m public disclosure

.

The documents at the subject of the State's Objection are the following:

EXHIBIT NUMBER DESCRIPTION AND DATE CONFIDENTIALITY DESIGNATION STATE OF NEW YORK OBJECTION STATE OF NEW YORK PROPOSED RESOLUTION ENTR00681 Westinghouse, WCAP

-17199-P, Rev. 2, Environmental Fatigue Evaluation for Indian Point Unit 2, Nov. 2015. Entire document withheld from public disclosure

. Proprietary designation is overly broad and seeks to exempt from disclosure information unrelated to trade secrets or confidential commercial/financial information.

Document should be disclosed for public inspection subject to limited redaction of information specifically related to trade secrets or confidential commercial/ financial information, if any. ENTR00682 Westinghouse, WCAP

-17200-P, Rev. 2, Environmental Fatigue Evaluation for Indian Point Unit 3, Nov. 2015. Entire document withheld from public disclosure

. Proprietary designation is overly broad and seeks to exempt from disclosure information unrelated to trade secrets or confidential commercial/financial information.

Document should be disclosed for public inspection subject to limited redaction of information specifically related to trade secrets or confidential commercial/ financial information, if any. ENTR00683 Westinghouse, Calculation Note CN-PAFM-13-32, Rev. 4 "Indian Point Unit 2 (IP2) and Unit 3 (IP3) Refined EAF Analyses and EAF Screening Evaluations," Nov. 2015. Entire document withheld from public disclosure

. Proprietary designation is overly broad and seeks to exempt from disclosure information unrelated to trade secrets or confidential commercial/financial information.

Document should be disclosed for public inspection subject to limited redaction of information specifically related to trade secrets or confidential commercial/ financial information, if any. ENTR00689 Westinghouse, WCAP

-12191, Rev. 5, Transient and Fatigue Cycle Monitoring Program Transient History Evaluation Report for Indian Point Unit 2, Nov. 2015. Entire document withheld from public disclosure

. Proprietary designation is overly broad and seeks to exempt from disclosure information unrelated to trade secrets or confidential commercial/financial information.

Document should be disclosed for public inspection subject to limited redaction of information specifically related to trade secrets or confidential commercial/ financial information, if any. ENTR00690 Westinghouse, WCAP

-16898-P, Rev. 2, Indian Point Unit 3 Transient and Fatigue Cycle Monitoring Program Transient History Evaluation

, Nov. 2015. Entire document withheld from public disclosure

. Proprietary designation is overly broad and seeks to exempt from disclosure information unrelated to trade secrets or confidential commercial/financial information.

Document should be disclosed for public inspection subject to limited redaction of information specifically related to trade secrets or confidential commercial/ financial information, if any. ENT000727 Westinghouse, CN

-PAFM-09-21, Rev. 4, Indian Point Units 2 and 3 Charging Nozzles Environmental Fatigue Evaluation, Nov. 2015. Entire document withheld from public disclosure

. Proprietary designation is overly broad and seeks to exempt from disclosure information unrelated to trade secrets or confidential commercial/financial information.

Document should be disclosed for public inspection subject to limited redaction of information specifically related to trade secrets or confidential commercial/ financial information, if any. These documents were disclosed on November 4, 2015 and produced to the State on Friday, November 6, 2015. Entergy yesterday filed a motion requesting permission to submit these documents as exhibits.

Executed on November 12

, 2015 Signed (electronically) by Lisa S. Kwong Assistant Attorney General Office of the Attorney General of the State of New York

The Capitol Albany, New York 12224

(518) 776

-2422 Lisa.Kwong@ag.ny.gov 2

NOVEMBER 12, 2015 NYS NOTICE OF OBJECTION ATTACHMENT 1 to NYS DECLARATION

UNITED STATES NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD


x In re: Docket Nos. 50

-247-LR; 50-286-LR License Renewal Application Submitted by ASLBP No. 07

-858-03-LR-BD01 Entergy Nuclear Indian Point 2, LLC, DPR-26, DPR-64 Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Operations, Inc.

November 12, 2015 -----------------------------------------------------------

x STATE OF NEW YORK'S OBJECTION TO PROPRIETARY AND/OR CONFIDENTIAL DESIGNATION S FOR CERTAIN WESTINGHOUSE DOCUMENTS In accordance with the Atomic Safety and Licensing Board's September 4, 2009 Protective Order, the State of New York objects to Entergy's designatio n of the documents listed below as containing proprietary information subject to non

-disclosure

. The documents are various documents prepared by Entergy's vendor, Westinghouse

, relating to metal fatigue evaluations for structures and components at the Indian Point nuclear facilities

. Based on the State's review, the documents appear to primarily contain information that is not exempt from public inspection pursuant to 10 C.F.R

. § 2.390. Entergy's request to entirely withhold the information contained in these documents as privileged or confidential trade secrets and/or commercial or financial information is, therefore

, overly broad

. At minimum, Entergy should produce public, redacted versions of these documents.

To facilitate further consultation and resolution of this dispute, the State requests that Entergy (or its vendor, Westinghouse

) indicate, with specificity, (1) the portion(s) of the documents it deems proprietary and confidential by page and line or column number; (2) the basis for such claim (s); and (3) the harm that would result fro m public disclosure

.

The documents at the subject of the State's Objection are the following:

EXHIBIT NUMBER DESCRIPTION AND DATE CONFIDENTIALITY DESIGNATION STATE OF NEW YORK OBJECTION STATE OF NEW YORK PROPOSED RESOLUTION ENTR00681 Westinghouse, WCAP

-17199-P, Rev. 2, Environmental Fatigue Evaluation for Indian Point Unit 2, Nov. 2015. Entire document withheld from public disclosure

. Proprietary designation is overly broad and seeks to exempt from disclosure information unrelated to trade secrets or confidential commercial/financial information.

Document should be disclosed for public inspection subject to limited redaction of information specifically related to trade secrets or confidential commercial/ financial information, if any. ENTR00682 Westinghouse, WCAP

-17200-P, Rev. 2, Environmental Fatigue Evaluation for Indian Point Unit 3, Nov. 2015. Entire document withheld from public disclosure

. Proprietary designation is overly broad and seeks to exempt from disclosure information unrelated to trade secrets or confidential commercial/financial information.

Document should be disclosed for public inspection subject to limited redaction of information specifically related to trade secrets or confidential commercial/ financial information, if any. ENTR00683 Westinghouse, Calculation Note CN-PAFM-13-32, Rev. 4 "Indian Point Unit 2 (IP2) and Unit 3 (IP3) Refined EAF Analyses and EAF Screening Evaluations," Nov. 2015. Entire document withheld from public disclosure

. Proprietary designation is overly broad and seeks to exempt from disclosure information unrelated to trade secrets or confidential commercial/financial information.

Document should be disclosed for public inspection subject to limited redaction of information specifically related to trade secrets or confidential commercial/ financial information, if any. ENTR00689 Westinghouse, WCAP

-12191, Rev. 5, Transient and Fatigue Cycle Monitoring Program Transient History Evaluation Report for Indian Point Unit 2, Nov. 2015. Entire document withheld from public disclosure

. Proprietary designation is overly broad and seeks to exempt from disclosure information unrelated to trade secrets or confidential commercial/financial information.

Document should be disclosed for public inspection subject to limited redaction of information specifically related to trade secrets or confidential commercial/ financial information, if any. ENTR00690 Westinghouse, WCAP

-16898-P, Rev. 2, Indian Point Unit 3 Transient and Fatigue Cycle Monitoring Program Transient History Evaluation

, Nov. 2015. Entire document withheld from public disclosure

. Proprietary designation is overly broad and seeks to exempt from disclosure information unrelated to trade secrets or confidential commercial/financial information.

Document should be disclosed for public inspection subject to limited redaction of information specifically related to trade secrets or confidential commercial/ financial information, if any. ENT000727 Westinghouse, CN

-PAFM-09-21, Rev. 4, Indian Point Units 2 and 3 Charging Nozzles Environmental Fatigue Evaluation, Nov. 2015. Entire document withheld from public disclosure

. Proprietary designation is overly broad and seeks to exempt from disclosure information unrelated to trade secrets or confidential commercial/financial information.

Document should be disclosed for public inspection subject to limited redaction of information specifically related to trade secrets or confidential commercial/ financial information, if any. These documents were disclosed on November 4, 2015 and produced to the State on Friday, November 6, 2015. Entergy yesterday filed a motion requesting permission to submit these documents as exhibits.

Executed on November 12

, 2015 Signed (electronically) by Lisa S. Kwong Assistant Attorney General Office of the Attorney General of the State of New York

The Capitol Albany, New York 12224

(518) 776

-2422 Lisa.Kwong@ag.ny.gov 2