AEP-NRC-2018-64, Response to Request for Additional Information Regarding License Amendment Request for Approval of Application of Proprietary Leak-Before-Break Methodology for Reactor Coolant System Small Diameter Piping
| ML18274A093 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 09/27/2018 |
| From: | Lies Q American Electric Power, Indiana Michigan Power Co |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| AEP-NRC-2018-64 | |
| Download: ML18274A093 (21) | |
Text
Indiana Michigan Power Company Nuclear Generation Group INDIANA One Cook Place MICHIGAN Bridgman, Ml 49106 POWIR aep.com September 27, 2018 AEP-NRC-2018-64 10 CFR 50.90 Docket No.: 50-315 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Donald C. Cook Nuclear Plant Unit 1 Response to Request for Additional Information Regarding License Amendment Request for Approval of Application of Proprietary Leak-Before-Break Methodology for Reactor Coolant System Small Diameter Piping
References:
- 1. Letter from Q. S. Lies, Indiana Michigan Power Company (l&M), to U. S. Nuclear Regulatory Commission (NRC), "Donald C. Cook Nuclear Plant, Unit 1, Request for Approval of Application of Proprietary Leak-Before-Break Methodology for Reactor Coolant System Small Diameter Piping," dated March 7, 2018, Agencywide Documents Access and Management System Accession (ADAMS) No. ML18072A012.
- 2. E-mail from A. W. Dietrich, NRC, to H. L. Levendosky, l&M, "D. C. Cook Unit No. 1 - RAI for Leak-Before-Break LAR (EPID L-2018-LLA-0054),"
- dated July 19, 2018, ADAMS No. ML18204A372.
- 3. E-mail from A. W. Dietrich, NRC, to H. L. Levendosky, l&M, "D. C. Cook Unit No. 1 - RAI for Leak-Before-Break LAR (EPID L-2018-LLA-0054)," dated September 14, 2018.
This letter provides Indiana Michigan Power Company's (l&M), licensee for Donald C. Cook Nuclear Plant (CNP) Unit 1, response to the Request for Additional Information (RAI) by the U. S. Nuclear Regulatory Commission (NRC) concerning the License Amendment Request (LAR) for an amendment to Technical Specifications (TS) for CNP, Unit 1.
By Reference 1, l&M submitted the LAR for Approval of Application of Proprietary Leak-Before-Break Methodology for Reactor Coolant System Small Diameter Piping in Unit 1. By Reference 2, the NRC transmitted an RAI (RAl-1 through RAl-6) concerning the LAR submitted by l&M in Reference 1. By Reference 3, the NRC transmitted a second RAI (RAl-7) concerning the LAR submitted by l&M in Reference 1. *
- to this letter provides an affirmation statement. l&M is providing Enclosure 2 to this letter as its response to the NRC's first RAI (RAl-1 through RAl-6) from Reference 2. l&M's response to the RAI from* Reference 2 was prepared by Westinghouse in its entirety and reviewed and accepted by PROPRIETARY INFORMATION Enclosures 2 and 3 to this letter contain proprietary information. Withhold from public disclosure under 10 CFR 2.390. Upon removal of Enclosures 2 and 3, this letter is decontrolled.
U.S. Nuclear Regulatory Commission AEP-NRC-2018-64 Page 2 l&M. This response is contained in Westinghouse letter LTR-SDA-11-18-41-P, Revision 1, "Responses to NRC Question on the Expanded Scope Leak-Before-Break Evaluations for D.C. Cook Units 1 and 2," from E. D. Johnson to P. Brusamonti, dated September 18, 2018 (Proprietary). contains WCAP-18394-P, Revision 1, "Fatigue Crack Growth Evaluations of D. C. Cook Units 1 and 2 RHR, Accumulator, and Safety Injection Lines Supporting Expanded Scope Leak-Before-Break," September 2018 (Proprietary). The application of Leak-Before-Break (LBB) for the Accumulator lines, the Residual Heat Removal (RHR) lines, and the Safety Injection (SI) lines at CNP Unit 1 have been documented in Reference 1. The evaluation of Fatigue Crack Growth for these piping systems had been previously excluded from the demonstration of LBB. contains affidavits from the Westinghouse Electric Company for withholding the proprietary information contained in Enclosures 2 and 3. Each affidavit sets forth the basis for which the information may be withheld from public disclosure by the Commission and addresses, with specificity, the considerations listed in 10 CFR 2.390(b)(4). Accordingly, it is respectfully requested that the information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10 CFR 2.390.
Enclosures 5 and 6 contain non-proprietary versions of Enclosures 2 and 3, respectively. The non-proprietary reports are being provided based on the NRC's expectation that the submitter of the proprietary information should provide, if possible, a non-proprietary version of the document with brackets showing where the proprietary information has been deleted.
l&M is providing Enclosure 7 to this letter as its response to the NRC's second RAI (RAl-7) from Reference 3.
There are no new regulatory commitments made in this letter. Should you have any questions, please contact Mr. Michael K. Scarpello, Regulatory Affairs Director, at (269) 466-2649.
Sincerely, Q.l:~J.~
Site Vice President JMT/mll PROPRIETARY INFORMATION Enclosures 2 and 3 to this letter contain proprietary information. Withhold from public disclosure under 10 CFR 2.390. Upon removal of Enclosures 2 and 3, this letter is decontrolled.
U. S. Nuclear Regulatory Commission AEP-NRC-2018-64 Page 3
Enclosures:
- 1. Affirmation
- 2. Response to Request for Additional Information (RAl-1 through RAl-6): Westinghouse letter LTR-SDA-11-18-41-P, Revision 1 "Responses to NRC Question on the Expanded Scope Leak-Before-Break Evaluations for D.C. Cook Units 1 and 2" from E. D. Johnson to P. Brusamonti, dated September 18, 2018 (Proprietary)
- 3. WCAP-18394-P, Revision 1 "Fatigue Crack Growth Evaluations of D. C. Cook Units 1 and 2 RHR, Accumulator, and Safety Injection Lines Supporting Expanded Scope Leak-Before-Break", September 2018 (Proprietary)
- 4. Affidavits of Withholding Pursuant to 10 CFR 2.390, Westinghouse Electric Company
- 5. Response to Request for Additional Information (RAl-1 through RAl-6): Westinghouse letter LTR-SDA-11-18-41-NP, Revision 1 "Responses to NRC Question on the Expanded Scope Leak-Before-Break Evaluations for D.C. Cook Units 1 and 2" from E. D. Johnson to P. Brusamonti, dated September 18, 2018 (Non-Proprietary)
- 6. WCAP-18394-NP, Revision 1 "Fatigue Crack Growth Evaluations of D. C. Cook Units 1 and 2 RHR, Accumulator, and Safety Injection Lines Supporting Expanded Scope Leak-Before-Break", September 2018 (Non-Proprietary)
- 7. Response to Request for Additional Information Regarding License Amendment Request for Application of Leak-Before-Break Evaluations for Accumulator, Safety Injection, and Residual Heat Removal Piping (RAl-7) c: R. J. Ancona - MPSC A. W. Dietrich, NRC Washington, DC MDEQ - RMD/RPS NRC Resident Inspector K. S. West, NRC Region 111 A. J. Williamson -AEP Ft. Wayne, w/o enclosures PROPRIETARY INFORMATION Enclosures 2 and 3 to this letter contain proprietary information. Withhold from public disclosure under 10 CFR 2.390. Upon removal of Enclosures 2 and 3, this letter is decontrolled.
Enclosure 1 to AEP-NRC-2018-64 AFFIRMATION I, Q. Shane Lies, being duly sworn, state that I am the Site Vice President of Indiana Michigan Power Company (l&M), that I am authorized to sign and file this request with the U. S. Nuclear Regulatory Commission on behalf of l&M, and that the statements made and the matters set forth herein pertaining to l&M are true and correct to the best of my knowledge, information, and belief.
Indiana Michigan Power Company 1~lE:
Q.S~es Site Vice President SWORN TO AND SUBSCRIBED BEFORE ME TH1s ~l DAY oF Sep-\--eM'oer . 201a
~~ry~
My Commission Expires O t /~I / ~odS
ENCLOSURE 4 TO AEP-NRC-2018-64 Affidavits of Withholding Pursuant to 10 CFR 2.390, Westinghouse Electric Company Westinghouse Application for Withholding Proprietary Information from Public Disclosure, CAW-18-4807, LTR-SDA-11-18-41-P, Revision 1, "Responses to NRG Question on the Expanded Scope Leak-Before-Break Evaluations for D.C. Cook Units 1 and 2",
dated September 14, 2018. (Proprietary)
Westinghouse Application for Withholding Proprietary Information from Public Disclosure, CAW-18-4806, WCAP-18394-P, Revision 1, "Fatigue Crack Growth Evaluations of D.C. Cook Units 1 and 2 RHR, Accumulator, and Safety Injection Lines Supporting Expanded Scope Leak-Before-Break", dated September 14, 2018. (Proprietary)
Westinghouse Non-Proprietary Class 3
@Westinghouse Westinghouse Electric Company 1000 Westinghouse Drive Cranberry Township, Pennsylvania 16066 USA U.S. Nuclear Regulatory Commission Direct tel: (412) 374-5541 Document Control Desk Direct fax: (724) 940-8542 11555 Rockville Pike e-mail: mercieej@westinghouse.com Rockville, MD 20852 CAW-18-4807 September 14, 2018 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
LTR-SDA-II-18-41-P, Revision 1, Responses to NRC Question on the Expanded Scope Leak-Before-Break Evaluations for D.C. Cook Units 1 and 2" (Proprietary)
The Application for Withholding Proprietary Information from Public Disclosure is submitted by Westinghouse Electric Company LLC ("Westinghouse"), pursuant to the provisions of paragraph (b)(l) of Section 2.390 of the Nuclear Regulatory Commission's ("Commission's") regulations. It contains commercial strategic information proprietary to Westinghouse and customarily held in confidence.
The proprietary information for which withholding is being requested in the above-referencedleport is further identified in Affidavit CAW-18-4807 signed by the owner of the proprietary information, Westinghouse.* The Affidavit, which accompanies this letter, sets forth the basis on which the information may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10 CFR Section 2.390 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Indiana Michigan Power Company.
- Correspondence with respect to the proprietary aspects of the Application for Withholding or the Westinghouse Affidavit should reference CAW-184807, and should be addressed to Edmond J. Mercier, Manager, Fuels Licensing and Regulatory Support, Westinghouse Electric Company, 1000 Westinghouse Drive, Building 2 Suite 256, Cranberry Township, Pennsylvania 16066.
Edmond J. Mercier, Manager Fuels Licensing and Regulatory Support
© 2018 Westinghouse Electric Company LLC. All Rights Reserved.
CAW-18-4807 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF BUTLER:
I, Edmond J. Mercier, am authorized to execute this Affidavit on behalf of Westinghouse Electric Company LLC ("Westinghouse") and.declare that the averments of fact set forth in this Affidavit are true and correct to the best of my knowledge, information, and belief.
Executed on: ~/I"{ /z>>I~ Edmond J. Me 1er, Manager Fuels Licensing and Regulatory Support
3 CAW-18-4807 (1) I am Manager, Fuels Licensing and Regulatory Support, Westinghouse Electric Company LLC
("Westinghouse"), and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing and rule making proceedings, and am authorized to apply for its withholding on behalf of Westinghouse.
(2) I am making this Affidavi_t in conformance with the provisions of 10 CFR Section 2.390 of the Nuclear Regulatory Commission's ("Commission's") regulations and in conjunction with the Westinghouse Application for Withholding Proprietary Information from Public Disclosure accompanying th1s Affidavit.
(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse in designating information as a trade secret, privileged or as confidential commercial or financial information.
(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.390 of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld.
(i) The information sought to be withheld from public disclosure is owned and his been held in confidence by Westinghouse.
(ii) The information is of a type customarily held in confidence by Westinghouse and not customarily. disclosed to the public. Westinghouse has a rational basis for determining the types of infonnation customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The application of that system and the substance of that system constitute Westinghouse policy and provide the rational basis required.
Under that system, information is held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage, as follows:
(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of
4 CAW-18-4807 Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.
(b) It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage (e.g., by optimization or improved marketability).
(c) Its use 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 a similar product.
(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
(f) It contains patentable ideas, for which patent protection may be desintble.
(iii) There are sound policy reasons behind the Westinghouse system which include the following:
(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
(b) It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.
(c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.
5 CAW-18-4807 (d) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, any one component rriay be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.
(e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.
(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
(iv) The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.390, is to be received in confidence by the Commission.
(v) The information sought to be protected is not available in public sources or available information has not been previously employed in the same original manner or.method to the best of our knowledge and belief.
(vi) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in LTR-SDA-II-18-41-P, Revision 1, "Responses to NRC Question on the Expanded Scope Leak-Before-Break Evaluations for D.C. Cook Units 1 and 2" (Proprietary), for submittal to.the Commission, being transmitted by Indiana Michigan Power Company letter. The proprietary information as submitted by Westinghouse is that associated with responses to NRC question on the expanded scope Leak-Before-Break evaluations for D.C. Cook Units 1 and 2, and may be used only for that purpose.
(a) This information is part of that which will enable Westinghouse to provide a technical justification for eliminating accumulator, residual heat removal, and safety
- injection line ruptures as the design basis for D.C. Cook Units 1 and 2.
(b) Further, this information has substantial commercial value as follows:
6 CAW-18-4807 (i) Westinghouse plans to sell the use of similar information to its customers for the purpose of performing Leak-Before-Break evaluations of the technical justification for eliminating accumulator, residual heat removal, and safety injection line ruptures as the design basis.
(ii) Westinghouse can sell support and defense of industry guidelines and acceptance criteria for plant-specific applications.
(iii) The information requested to be withheld reveals the distinguishing aspects of a methodology which was developed by Westinghouse.
Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar technical evaluation justifications and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information:
The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.
In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended.
Further the deponent sayeth not.
PROPRIETARY INFORMATION NOTICE Transmitted herewith are proprietary and non-proprietary versions of a document, furnished to the NRC in connection with requests for generic and/or plant-specific review and approval.
In order to conform to the requirell).ents of 10 CFR 2.390 of the Commission's regulations concerning the protection of proprietary information so submitted to the NRC, the information which is proprietary in the proprietary versions* is contained within brackets, and where the proprietary information has been deleted in the non-proprietary versions, only the brackets remain (the information that was contained within the brackets in the proprietary versions having been deleted). The justification for claiming the information so designated as proprietary is indicated in both versions by means of lower case letters (a) through (f) located as a superscript immediately following the brackets enclosing each item of information being identified as proprietary or in the margin opposite such information. These lower case letters refer to the types of information Westinghouse customarily holds in confidence identified in Sections (4)(ii)(a) through (4)(ii)(f) of the Affidavit accompanying this transmittal pursuant to 10 CFR 2.390(b)(l).
COPYRIGHT NOTICE The reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copies of the information contained in these reports which are necessary for its
- internal use in connection with generic and plant-specific reviews and approvals as well as the; issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 2.390 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection notwithstanding. With respect to the non-proprietary versions of these reports, the NRC is permitted to make the number of copies beyond those necessary for its internal use which are necessary in order to have one copy avaHable for public viewing in the appropriate docket files in the public document toom in Washington, DC and in local public document rooms as may be required by NRC regulations if the riumber of copies submitted is insufficient for this purpose. Copies made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.
Westinghouse Non-Proprietary Class 3
@Westinghouse Westinghouse Electric Company 1000 Westinghouse Drive Cranberry Township, Pennsylvania 16066 USA U.S. Nuclear Regulatory Commission Direct tel: (412) 374-5541 Document Control Desk Direct fax: (724) 940-8542 11555 Rockville Pike e-mail: mercieej@westinghouse.com Rockville, MD 20852 CAW-18-4806 September 14, 2018 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
WCAP-18394-P, Revision 1, "Fatigue Crack Growth Evaluations of D.C. Cook Units 1 and 2 RIIR., Accumulator,- and Safety Injection Lines Supporting Expanded Scope Leak-Before-Break" (Proprietary)
The Application for Withholding Proprietary Information from Public Disclosure is submitted by Westinghouse Electric Company LLC ("Westinghouse"), pursuant to the provisions of paragraph (b)(l) of Section 2.390 of the Nuclear Regulatory Commission's ("Commission's") regulations. It contains commercial strategic information proprietary to Westinghouse and customarily held in confidence.
The proprietary information for which withholding is being requested in the above-referenced report is further identified in Affidavit CAW-18-4806 signed by the owner of the proprietary information, Westinghouse. The Affidavit, which accompanies this letter, sets forth the basis on which the information may be withheld from public disclosure by the Commission imd addresses with specificity the considerations listed in paragraph (b)(4) of 10 CFR Section 2.390 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Indiana Michigan Power Company.
Correspondence with respect to the proprietary aspects of the Application for Withholding or the Westinghouse Affidavit should reference CAW-18-4806 and should be addressed to Edmond J. Mercier, Manager, Fuels Licensing and Regulatory Support, Westinghouse Electric Company, 1000 Westinghouse
- Drive, BuUding 2, Suite 256, Cranberry Township, PA 16066.
Edmond J. Mercier, Manager Fuels Licensing and Regulatory Support
© 2018 Westinghouse Electric Company LLC. All Rights Reserved.
CAW-18-4806 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF BUTLER:
I, Edmond J. Mercier, am authorized to execute this Affidavit on behalf of Westinghouse Electric Company LLC ("Westinghouse") and declare that the averments of fact set forth in this Affidavit are true and correct to the best of my knowledge, information, and belief.
Executed on: q1/ t vf IJZ,tJI'/
EdmondJ. Me cier, Manager Fuels Licensing and Regulatory Support
3 CAW-18-4806 (1) I am Manager, Fuels Licensing and Regulatory Support, Westinghouse Electric Company LLC
("Westinghouse"), and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing and rule making proceedings, and am authorized to apply for its withholding on behalf of Westinghouse.
(2) I am making this Affidavit in conformance with the provisions of 10 CPR Section 2.390 of the Nuclear Regulatory Commission's ("Commission's") regulations and in conjunction with the Westinghouse Application for Withholding Proprietary Information from Public Disclosure accompanying this Affidavit.
(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse in designating information as a trade secret, privileged or as confidential commercial or financial information.
(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.390 of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld.
(i) The information sought to be withheld from public disclosure is owned and h~s been held in confidence by Westinghouse.
(ii) The information is of a type customarily held in confidence by Westinghouse and not customarily.disclosed to the public. Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The application of that system and the substance of that system constitute Westinghouse policy and provide the rational basis required.
Under that system, information is held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage, as follows:
(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of
4 CAW-18-4806 Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.
(b) It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage (e.g., by optimization or improved marketability).
(c) Its use 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 a similar product.
(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
(f) It contains patentable ideas, for which patent protection may be desidble.
(iii) There are sound policy reasons behind the Westinghouse system which include the following:
(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
(b) It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.
(c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.
5 CAW-18-4806 (d) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.
(e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.
(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
(iv) The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.390, is to be received in confidence by the Commission..
(v) The information sought to.be protected is not available in public sources or available information has not been previously employed in the same original manner oi1method to the best of our knowledge and belief.
(vi) The proprietary information sought to be withheld in this* submittal is that which is
. appropriately marked in WCAP-18394-P, Revision 1, "Fatigue Crack Growth Evaluations of D.C. Cook Units 1 and 2 RIIR., Accumulator, and Safety Injection Lines Supporting Expanded Scope Leak-Before-Break" (Proprietary), dated August 2018, for submittal to the Commission, being transmitted by Indiana Michigan Power Company letter. The proprietary information as submitted by Westinghouse is that associated with responses to NRC question on the expanded scope Leak-Before-Break evaluations for D.C. Cook Units 1 and 2, and may be used only for that purpose.
6 CAW-18-4806 (a) This information is part of that which will enable Westinghouse to provide a technical justification for eliminating accumulator, residual heat removal, and safety injection line ruptures as the design basis for D.C. Cook Units 1 and 2.
(b) Further, this information has substantial commercial value as follows:
(i) Westinghouse plans to sell the use of similar information to its customers for the purpose of performing Leak-Before-Break evaluations of the technical justification for eliminating accumulator, residual heat removal, and safety injection line ruptures as the design basis.
(ii} Westinghouse can sell support and defense of industry guidelines and acceptance criteria for plant-specific applications.
(iii) The information requested to be withheld reveals the distinguishing aspects of a methodology which was developed by Westinghouse.
Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar technical evaluation justifications and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.
The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.
In order for competitors of Westinghouse to duplicate this information, similar technical programs would have_ to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended.
Further the deponent sayeth not.
PROPRIETARY INFORMATION NOTICE Transmitted herewith are proprietary and non-proprietary versions of a document, furnished to the NRC in connection with requests for generic and/or plant-specific review and approval.
In order to conform to the requirements of 10 CFR 2.390 of the Commission's regulations concerning the protection of proprietary information so submitted to the NRC, the information which is proprietary in the proprietary versions is contained within brackets, and where the proprietary information has been deleted in the non-proprietary versions, only the brackets remain (the information that was contained within the brackets in the proprietary versions having been deleted). The justification for claiming the information so designated as proprietary is indicated in both versions by means of lower case letters (a) through (f) .
located as a superscript immediately following the brackets enclosing each item of information being identified as proprietary or in the margin opposite such information. These lower case letters refer to the types of information Westinghouse customarily holds in confidence identified in Sections (4)(ii)(a) through (4)(ii)(f) of the Affidavit accompanying this transmittal pursuant to 10 CFR 2.390(b)(l).
COPYRIGHT NOTICE The reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copies of the information contained in these reports which are necessary for its internal use in connection with generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 2.390 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright
- protection notwithstanding. With respect to the non-proprietary versions of these reports, the NRC is permitted to make the number of copies beyond those necessary for its internal use which are necessary in order to have one copy available for public viewing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as may be required by NRC regulations if the number of copies submitted is insufficient for this purpose. Copies made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.
Indiana Michigan Power Company Letter for Transmittal to the NRC The following paragraphs should be included in your letter to the NRC Document Control Desk:
Enclosed are:
- 1. LTR-SDA-Il-18-41-P, Revision 1, "Responses to NRC Question on the Expanded Scope Leak-Before-Break Evaluations for D.C. Cook Units 1 and 2" (Proprietary)
- 2. LTR-SDA-II-18-41-NP, Revision 1, "Responses to NRC Question on the Expanded Scope Leak-Before-Break Evaluations for D.C. C_ook Units 1 and 2" (Non-Proprietary)
Also enclosed are the Westinghouse Application for Withholding Proprietary Infonnation from Public Disclosure CAW-18-4807, accompanying Affidavit, Proprietary Information Notice, and Copyright Notice.
- As Item 1 contains information proprietary to Westinghouse Electric Company LLC ("Westinghouse"), it is supported by an Affidavit signed by Westinghouse, the owner of the infonnation. The Affidavit sets forth the basis on which the information may be withheld from public disclosure by the Nuclear Regulatory Commission ("Commission") and addresses with specificity the considerations listed in paragraph (b)(4) of Section 2.390 of the Commission's regulations.
Accordingly, it is respectfully requested that the infonnation which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10 CFR Section 2.3 90 of the Commission's regulations.
Correspondence with respect to the copyright or proprietary aspects of the items listed above or the supporting Westinghouse Affidavit should reference CAW-18-4807 and should be addressed to Edmond J. Mercier, Manager, Fuels Licensing and Regulatory Support, Westinghouse Electric Company, 1000 Westinghouse Drive, Building 2 Suite 256, Cranberry Township, Pennsylvania 16066.
Letter for Transmittal to the NRC The following paragraphs should be included in your letter to the NRC Document Control Desk:
Enclosed are:
I. WCAP-18394-P, Revision I, "Fatigue Crack Growth Evaluations of D.C. Cook Units I and 2 RIIR.,
Accumulator, and Safety Injection Lines Supporting Expanded Scope Leak-Before-Break" (Proprietary)
- 2. WCAP-18394-NP, Revision I, "Fatigue Crack Growth Evaluations of D.C. Cook Units 1 and 2 RIIR.,
Accumulator, and Safety Injection Lines Supporting Expanded Scope Leak-Before-Break" (Non-Proprietary)
Also enclosed are the Westinghouse Application for Withholding Proprietary Information from Public Disclosure CAW-18-4806, accompanying Affidavit, Proprietary Information Notice, and Copyright Notice.
As Item I contains information proprietary to Westinghouse Electric Company LLC ("Westinghouse"), it is supported by an Affidavit signed by Westinghouse, the owner of the information. The Affidavit sets forth the basis on which the information may be withheld from public disclosure by the Nuclear Regulatory Commission ("Commission") and addresses with specificity the considerations listed in paragraph (b)(4) of Section 2.390 of the Commission's regulations.
Accordingly, it is respectfully requested that the information which is proprietary to Westinghouse be withheld from public disclosure in accordance with IO CPR Section 2.390 of the Commission's regulations.
Correspondence with respect to the copyright or proprietary aspects of the items listed above or the supporting Westinghouse Affidavit should reference CAW-18-4806 and should be addressed to Edmond J. Mercier, Manager, Fuels Licensing and Regulatory Support, Westinghouse Electric Company, 1000 Westinghouse Drive, Building 2, Suite 256, Cranberry Township, PA 16066.