JAFP-17-0030, Submittal of 2017 Updated Final Safety Analysis Report, Technical Specification Bases and Technical Requirements Manual Changes

Submittal of 2017 Updated Final Safety Analysis Report, Technical Specification Bases and Technical Requirements Manual Changes

ML17104A012
Person / Time
Site:	FitzPatrick
Issue date:	04/10/2017
From:	Joseph Pacher Exelon Generation Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
Shared Package
ML17104A010	List: JAFP-17-0030, Submittal of 2017 Updated Final Safety Analysis Report, Technical Specification Bases and Technical Requirements Manual Changes ML17104A012
References
JAFP-17 -0030
Download: ML17104A012 (5)

Text

Proprietary Information Withhold Per 10 CFR 2.390 Exelon Generation Company, LLC James A. FitzPatrick NPP P.O.Box110 Lycoming, NY 13093 Tel 315-349-6024 Fax 315-349-6480 Joseph E. Pacher Site Vice President - JAF JAFP-17 -0030 April 10, 2017 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D.C. 20555-0001

Subject:

2017 Updated Final Safety Analysis Report, Technical Specification Bases and Technical Requirements Manual Changes Transmittal James A. FitzPatrick Nuclear Power Plant Docket No. 50-333 License No. DPR-059

Dear Sir or Madam:

The changes to the Final Safety Analysis Report (FSAR) for the James A. FitzPatrick Nuclear Power Plant (JAF) are being submitted as required by 10 CFR 50. 71 (e).

This submittal also includes the changes made to the JAF Technical Specifications Bases and the Technical Requirements Manual, which are controlled under 10 CFR 50.59, and submitted to the NRC biennially with the changes to the FSAR.

The changes and their bases are summarized in Attachment 1, 2, and 3. The changed pages are included in Enclosures 1, 2, and 3 respectively. A component of the Technical Requirements Manual contains proprietary information. Enclosure 3A contains the proprietary version of the Core Operating Limits Report (COLR), Revision 30, with an Affidavit.

There are no new regulatory commitments contained in this letter. If you have any questions, please contact Mr. William C. Drews, Regulatory Assurance Manager, at 315-349-6562.

I declare under penalty of perjury that the foregoing is true and correct. Executed on this 1oth day of April 2017.

Very tr;;;*

ph E. Pacher Vice President JEP/WCD/mh A to this letter contains Proprietary Information that should be withheld from public disclosure per 10 CFR 2.390. When separated from Enclosure 3A, there are no withholding criteria.

Proprietary Information Withhold Per 10 CFR 2.390 JAFP-17-0030 Page 2 of 2 Attachments 1: Table of Final Safety Analysis Report (FSAR)/2017 Changes 2: Table of Technical Specification (TS) Bases 2017 Changes 3: Table of Technical Requirements Manual (TRM) 2017 Changes Enclosures 1: Final Safety Analysis Report (FSAR) 2017 Change Pages 2: Technical Specification (TS) Bases 2017 Change Pages 3: Technical Requirements Manual (TRM) 2017 Change Pages 3A: TRM Appendix G, Core Operating Limits Report (COLR), Revision 30 (Proprietary Version with Affidavit) cc: (w/out enclosures)

NRC Region 1 Administrator NRC Resident Inspector NRC Project Manager NYPSC NYSERDA A to this letter contains Proprietary Information that should be withheld from public.

disclosure per 10 CFR 2.390. When separated from Enclosure 3A, there are no withholding criteria.

Global Nuclear Fuel-Americas AFFIDAVIT I, Brian R. Moore, state as follows:

(1) I am General Manager, Core & Fuel Engineering, Global Nuclear Fuel - Americas, LLC (GNF-A), and have been delegated the function of reviewing the information described in paragraph (2) which is sought to be withheld, and have been authorized to apply for its withholding.

(2) The information sought to be withheld is contained in Enclosure 1 of GNF's letter, KGO-ENO-EPl-17-026, Kimberly O'Connor (GNF) to Nela Szwarc (Entergy), entitled "James A. FitzPatrick Core Operating Limits Report Revision 30," February 15, 2017.

GNF proprietary information in Enclosure 1, which is entitled "James A. FitzPatrick Core Operating Limits Report, Revision 30," is identified by a dotted underline inside double square brackets. [lT.ht~--~~n!~rn;:_~j~--~D--~-~-~mpJ_~/~~]] In each case, the superscript notation 3

{ } refers to Paragraph (3) of this affidavit, which provides the basis for the proprietary determination.

(3) In making this application for withholding of proprietary information of which it is the owner or licensee, GNF-A relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC Sec. 552(b)(4), and the Trade Secrets Act, 18 USC Sec. 1905, and NRC regulations 10 CFR 9.17(a)(4), and 2.390(a)(4) for "trade secrets" (Exemption 4). The material for which exemption from disclosure is here sought also qualify under the narrower definition of "trade secret", within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Energy Project v. Nuclear Regulatory Commission, 975F2d871 (DC Cir. 1992), and Public Citizen Health Research Group v. FDA, 704F2d1280 (DC Cir. 1983).

(4) Some examples of categories of information which fit into the definition of proprietary information are:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-A's competitors without license from GNF-A constitutes a competitive economic advantage over other companies;

b. Information which, 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;

c. Information which reveals aspects of past, present, or future GNF-A customer-funded development plans and programs, resulting in potential products to GNF-A;

d. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.

KGO-ENO-EPl-17-026 Affidavit Page 1 of 3

The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs (4)a. and (4)b. above.

(5) To address 10 CFR 2.390 (b) (4), the information sought to be withheld is being submitted to NRC in confidence. The information is of a sort customarily held in confidence by GNF-A, and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by GNF-A, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties including any required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence. Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in paragraphs (6) and (7) following.

(6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge, or subject to the terms under which it was licensed to GNF-A.

(7) The procedure for approval of external release of such a document typically requires review by the staff manager, project manager, principal scientist or other equivalent authority, by the manager of the cognizant marketing function (or his delegate), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside GNF-A are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.

(8) The information identified in paragraph (2) is classified as proprietary because it contains details of GNP-A's fuel design and licensing methodology. The development of this methodology, along with the testing, development and approval was achieved at a significant cost to GNF-A.

The development of the fuel design and licensing methodology along with the interpretation and application of the analytical results is derived from an *extensive experience database that constitutes a major GNF-A asset.

(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GNF-A's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of GNF-A's comprehensive BWR safety and technology base, and its commercial value extends beyond the original development cost.

The value of the technology base goes beyond the extensive physical database and analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation process. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods.

KGO-ENO-EPl-17-026 Affidavit Page 2 of 3

The research, development, engineering, analytical, and NRC review costs comprise a substantial investment of time and money by GNF-A.

The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.

GNF-A's competitive advantage will be lost if its competitors are able to use the results of the GNF-A experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.

The value of this information to GNF-A would be lost if the information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive GNF-A of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing and obtaining these very valuable analytical tools.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on this 15th day of February 2017.

Brian R. Moore General Manager, Core & Fuel Engineering Global Nuclear Fuel - Americas, LLC 3901 Castle Hayne Road Wilmington, NC 28401 Brian.Moore@ge.com KGO-ENO-EPI-17-026 Affidavit Page 3 of 3