2CAN111402, Unit 2, Revised Affidavit for Request for Relief ANO2-ISI-016

Unit 2, Revised Affidavit for Request for Relief ANO2-ISI-016

ML14317A084
Person / Time
Site:	Arkansas Nuclear
Issue date:	11/11/2014
From:	Pyle S Entergy Operations
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
2CAN111402, ANO2-ISI-016
Download: ML14317A084 (5)

Text

Entergy Entergy Operations, Inc.

1448 S.R. 333 Russellville, AR 72802 Tel 479-858-4704 Stephenie L. Pyle Manager, Regulatory Assurance Arkansas Nuclear One 2CAN1 11402 November 11, 2014 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555-0001

SUBJECT:

Revised Affidavit for Request for Relief ANO2-ISI-016 Arkansas Nuclear One - Unit 2 Docket No. 50-368 License No. NPF-6

REFERENCE:

Entergy letter dated April 15, 2014, "Successive Examination Plans Request for Relief ANO2-1SI-016," (2CAN041402) (ML14122A250)

Dear Sir or Madam:

By the reference letter, Entergy Operations, Inc. (Entergy) submitted the examination plans related to the Arkansas Nuclear One, Unit 2 request for relief ANO2-1SI-016. This submittal provided the details of the non-destructive examinations to be performed in support of the request. The submitted information included the examination procedure.

Information related to the examination procedure is considered to be proprietary to the Electric Power Research Institute (EPRI). EPRI requests that the proprietary information be withheld from public disclosure in accordance with 10 CFR 2.390. EPRI provided Entergy with authorization to provide the proprietary information. An affidavit by the information owner, EPRI, supporting the request for non-disclosure was attached to the referenced submittal. Entergy requested the submitted information be withheld from public disclosure in accordance with 10 CFR 2.390. Only a proprietary version of the information was included in the submittal.

During the review of the submittal, the NRC had questions concerning the affidavit. This resulted in the need to provide a revised affidavit. The revised affidavit from EPRI is attached.

This does not affect the proprietary version of the previously submitted information.

This correspondence contains no new commitments.

4(4--

2CAN 111402 Page 2 of 2 Should you have any questions regarding this submittal, please contact me.

Sincerely, SLP/rwc

Attachment:

Revised Affidavit cc: Mr. Marc L. Dapas Regional Administrator U. S. Nuclear Regulatory Commission, Region IV 1600 East Lamar Boulevard Arlington, TX 76011-4511 NRC Senior Resident Inspector Arkansas Nuclear One P. 0. Box 310 London, AR 72847 U. S. Nuclear Regulatory Commission Attn: Ms. Andrea E. George MS O-8B1 One White Flint North 11555 Rockville Pike Rockville, MD 20852

ATTACHMENT TO 2CAN111402 REVISED AFFIDAVIT

ELECTRIC POWER i IRESEARCH INSTITUTE AFFIDAVIT RE: Request for Withholding of the Following Proprietary Document:

Request for Withholding of the following Proprietary Document: Report 1015133, "Nondestructive Evaluation:

Procedure for Encoded, Manually Driven Phased Array Ultrasonic Examination of Dissimilar Metal Piping Welds" (Revised letter in reference to affidavit executed 040414 - submitted to NRC web site in ADAMS. The number is ML14122A250)

I, Neil Wilmshurst, being duly sworn, depose and state as follows:

I am the Vice President and Chief Nuclear Officer at Electric Power Research Institute, Inc. whose principal office is located at 3420 Hillview Avenue, Palo Alto, California ("EPRI") and I have been specifically delegated responsibility for the above-listed Report that is sought under this Affidavit to be withheld (the "Report"). I am authorized to apply to the U.S. Nuclear Regulatory Commission ("NRC") for the withholding of the Report on behalf of EPRI.

EPRI requests that the Report be withheld from the public on the following bases:

Withholdinq Based Upon Privileged And Confidential Trade Secrets Or Commercial Or Financial Information (see e.g. 10 C.F.R. U2.390(a)(4))::

a. The Report is owned by EPRI and has been held in confidence by EPRI. All entities accepting copies of the Report do so subject to written agreements imposing an obligation upon the recipient to maintain the confidentiality of the Report. The Report is disclosed only to parties who agree, in writing, to preserve the confidentiality thereof.

b. EPRI considers the Report and the proprietary information contained therein (the "Proprietary Information") to constitute trade secrets of EPRI. As such, EPRI holds the Report in confidence and disclosure thereof is strictly limited to individuals and entities who have agreed, in writing, to maintain the confidentiality of the Report. EPRI made a substantial economic investment to develop the Report, and, by prohibiting public disclosure, EPRI derives an economic benefit in the form of licensing royalties and other additional fees from the confidential nature of the Report. If the Report and the Proprietary Information were publicly available to consultants and/or other businesses providing services in the electric and/or nuclear power industry, they would be able to use the Report for their own commercial benefit and profit and without expending the substantial economic resources required of EPRI to develop the Report.

c. EPRI's classification of the Report and the Proprietary Information as trade secrets is justified by the Uniform Trade Secrets Act which California adopted in 1984 and a version of which has been adopted by over forty states. The California Uniform Trade Secrets Act, California Civil Code §§3426 -3426.11, defines a "trade secret" as follows:

"'Trade secret' means information, including a formula, pattern, compilation, program device, method, technique, or process, that:

(1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy."

d. The Report and the Proprietary Information contained therein are not generally known or available to the public. EPRI developed the Report only after making a determination that the Proprietary Information was not available from public sources. EPRI made a substantial investment of both money and employee hours in the development of the Report. EPRI was required to devote these resources and effort to derive the Proprietary Information and the Report. As a result of such effort and cost, both in terms of dollars spent and dedicated employee time, the Report is highly valuable to EPRI.

e. A public disclosure of the Proprietary Information would be highly likely to cause substantial harm to EPRI's competitive position and the ability of EPRI to license the Proprietary Information both domestically and internationally. The Proprietary Information and Report can only be acquired and/or duplicated by others using an equivalent investment of time and effort.

I have read the foregoing and the matters stated herein are true and correct to the best of my knowledge, information and belief. I make this affidavit under penalty of perjury under the laws of the United States of America and under the laws of the State of California.

Executed at 1300 W WT Harris Blvd being the premises and place of business of Electric Power Research Institute, Inc.

Oa - -,- 2--o IL Neil Wilmshurst (State of North Carolina)

(County of Mecklenburg)

Subscribed and swoln to (or affirmed) before me on this ,.lay of n 20.&, by Y7}PI /AJA&,IIUIZTZJ , proved to me on the basis of saac e-vidence to be the person(s) who appeared before me.

Signature .*it/'4. _, d (Seal)

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