ML18337A137

Request for Withholding Info from Public Disclosure - 11/12/18 Affidavit Executed by A. Rosenlieb, Entergy and 11/14/18 Affidavit Executed by A. Ryan, Holtec International Enclosure 1P, Equity Purchase and Sale Agreement (L-2018-LLO-0003)

ML18337A137
Person / Time
Site:	Pilgrim
Issue date:	12/17/2018
From:	John Lamb Special Projects and Process Branch
To:	Brian Sullivan Entergy Nuclear Operations
Lamb J, NRR/DORL/LSPB, 415-3100
References
EPID L-2018-LLO-0003
Download: ML18337A137 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 17, 2018 Mr. Brian R. Sullivan Site Vice President Entergy Nuclear Operations, Inc.

Pilgrim Nuclear Power Station 600 Rocky Hill Road Plymouth, MA 02360-5508

SUBJECT:

PILGRIM NUCLEAR POWER STATION - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2018-LL0-0003)

Dear Mr. Sullivan:

By letter dated November 16, 2018, 1 to the U.S. Nuclear Regulatory Commission (NRC),

Entergy Nuclear Operations, Inc. (Entergy), submitted an affidavit dated November 12, 2018, executed by Andrew J. Rosenlieb, Vice President, Entergy Nuclear Generation Company, and an affidavit dated November 14, 2018, executed by Andrew R. Ryan, Esquire, General Counsel, Holtec International (Holtec), requesting that 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 1P - Equity Purchase and Sale Agreement by and among Nuclear Asset Management Company, LLC, Holtec International, Entergy Nuclear Holding Company #1, and Entergy Nuclear Generation Company, dated as of July 30, 2018" (Proprietary)

The letter and the nonproprietary version of Enclosure 1, "Equity Purchase and Sale Agreement by and among Nuclear Asset Management Company, LLC, Holtec International, Entergy Nuclear Holding Company #1, and Entergy Nuclear Generation Company, dated as of July 30, 2018" (Non-Proprietary) (without exhibits)," have been placed in the NRC's Public Document Room and added to the NRC Library in ADAMS.

The November 12, 2018, affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

i. Enclosure 1P contains confidential commercial information, the disclosure of which would adversely affect Entergy.

ii. This information has been held in confidence by Entergy.

1 Agencywide Documents Access and Management System (ADAMS) Accession No. ML18320A031.

B. Sullivan iii. Entergy customarily keeps such information in confidence, and there is a rational basis for holding such information in confidence. The information is not available from public sources and could not be gathered readily from other publicly available information.

iv. Public disclosure of this information would create substantial harm to Entergy's business interests because such information has significant commercial value to Entergy and its disclosure could adversely affect other Entergy transactions.

The November 14, 2018, affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

i. Enclosure 1P contains confidential commercial information, the disclosure of which would adversely affect Holtec.

ii. This information has been held in confidence by Holtec.

iii. Holtec customarily keeps such information in confidence, and there is a rational basis for holding such information in confidence. The information is not available from public sources and could not be gathered readily from other publicly available information.

iv. Public disclosure of this information would create substantial harm to Holtec's business interests because such information has significant commercial value to Holtec and its disclosure could adversely affect other Holtec transactions.

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 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.

B. Sullivan If you have any questions regarding this matter, I may be reached at 301-415-3100.

G. Lamb, Senior Project Manager p cial Projects and Process Branch i ision of Operating Reactor Licensing ice of Nuclear Reactor Regulation Docket No. 50-219 cc: Andrew R. Ryan, General Counsel Holtec International Holtec Technology Campus 1 Holtec Boulevard Camden, NJ 08104 Listserv

ML18337A137 *via email OFFICE NRR/DORL/LSPB/PM NRR/DORL/LSPB/LA NRR/DLP/PFPB/BC (A)*

NAME JLamb JBurkhardt MDusaniwskyj DATE 12/3/18 12/4/18 12/3/18 OFFICE NRR/DORL/LSPB/BC NRR/DORL/LSPB/PM NAME DBroaddus JLamb DATE 12/12/18 12/17/18