ML120060119

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Vermont Yankee Nuclear Power Station - Request for Withholding Information from Public Disclosure (TAC No. ME6248)
ML120060119
Person / Time
Site: Vermont Yankee Entergy icon.png
Issue date: 01/17/2012
From: Kim J S
Plant Licensing Branch 1
To:
Entergy Nuclear Operations
kim J, NRR/ADRO/DORL, 415-4125
References
TAC ME6248
Download: ML120060119 (3)


Text

UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555-0001 January 17, 2012 Site Vice President Entergy Nuclear Operations, Inc. Vermont Yankee Nuclear Power Station P.O. Box 250 Governor Hunt Road Vernon, VT 05354 VERMONT YANKEE NUCLEAR POWER STATION -REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME6248)

Dear Sir or Madam:

By letter dated January 5, 2012, Entergy Nuclear Operations, Inc. (the licensee) submitted the affidavit executed by Mr. Edward D. Schrull, Vice President, Regulatory Affairs, Services Licensing, GE-Hitachi Nuclear Energy America LLC, dated December 20, 2011. The affidavit requested 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: Attachment 1 to the letter from Entergy Nuclear Operations, Inc, (Mr. Christopher J. Wamser, Site Vice President), BVY 11-082, dated January 5, 2012, "Response to Request for Additional Information (Proprietary Version)" The affidavit from Mr. Schrull of GE-Hitachi Nuclear Energy America LLC stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons: Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEH's competitors without license from GEH constitutes a competitive economic advantage over other companies; Information that, 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. We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

-2 Therefore, the versions 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. A nonproprietary copy of this document has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room. 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 handlil1g 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 regarding this matter, I may be reached at 301-415-4125.

Sincerely, k-n'l.-L0 , James Kim, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-271 Mr. Edward D. Schrull, PE Vice President, Regulatory Affairs Services licenSing GE-Hitachi Nuclear Energy America LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional Distribution via Listserv

-2 Therefore, the versions 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. A nonproprietary copy of this document has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room. 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 regarding this matter, I may be reached at 301-415-4125.

Sincerely, /ra/ James Kim, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-271 Mr. Edward D. Schrull, PE Vice President, Regulatory Affairs Services Licensing GE-Hitachi Nuclear Energy America LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional Distribution via Listserv DISTRIBUTION PUBLIC RidsNrrDorlLPL 1-1 Resource RidsRgn1 MailCenter RidsNrrLASLittle RidsDorlDpr Resource RidsNrrPMVermontYankee RidsNrrDeEmcb CBasavaraju RidsAcrsAcnw_MailCenter Resource ADAMS Accession No.: ML120060119 E LPL 1-1/PM LPL 1-1/LA DE/EMCB/BC LPL 1-1/BC JKim SUttle MMurphy GWilson 1/11112 1111112 1/12/12 1/17112 OFFICIAL RECORD COpy