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 , 201 5 -----------------------------------------------------------

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 document s 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 , 201 5 -----------------------------------------------------------

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 document s 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