JPN-95-006, Forwards Proprietary Rept 51-1235147-00, Cert Testing of Type XM-19 in Simulated BWR Environ. Rept Withheld

Forwards Proprietary Rept 51-1235147-00, Cert Testing of Type XM-19 in Simulated BWR Environ. Rept Withheld

ML20078R848
Person / Time
Site:	FitzPatrick
Issue date:	02/16/1995
From:	William Cahill POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19325F449	List: JPN-95-006, Forwards Proprietary Rept 51-1235147-00, Cert Testing of Type XM-19 in Simulated BWR Environ. Rept Withheld
References
JPN-95-006, JPN-95-6, NUDOCS 9502230168
Download: ML20078R848 (10)

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.C 914&f t-f.80 914 2fa.3309 rAX) t William J. Cahift. Jr.

M80rW Chief Nuclear of*icer February 16,1995 JPN-95-006 i

U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Mail Station P1-137 Washington, DC 20555

Subject:

James A. FitzPatrick Nuclear Power Plant Docket No. 50-333 ElizPatriclLCare_Stuoud_Bepair

References:

1. NRC tetter, M. J. Case to W. J. Cahill, Jr., NYPA, " Safety Evaluation Regarding The Core Shroud Repair For The James A. FitzPatrick Nuclear Power Plant (TAC No. M90964)," dated January 5,1995.

2. NYPA letter, W. J. Cahill, Jr. to NRC (JPN-94-055), "FitzPatrick Core Shroud Repair-Design Report," dated October 27,1994.

3. NYPA letter, W. J. Cahill, Jr. to NRC (JPN-94-053), " Request for NRC Approval of the FitzPatrick Core Shroud Repair," dated October 21,1994.

4. NYPA letter, W. J. Cahill, Jr. to NRC (JPN-94-066), FitzPatrick Core Shroud Rcoair Design Report, Response to Request for Additional Informatica," dated December 13,1994.

1 Dear Sir; This letter transmits a report, requested by the NRC staff, that describes the results of qualification testing performed on type XM-19 stainless steel material. Additionally, this letter documents two conclusions reached during a January 11,1995 conference call with the NRC staff regarding the NRC's Safety Evaluation (Reference 1) of the FitzPatrick Core Shroud j

repair.

Xt&lD_REBI.Benoit The XM 19 CERT report was requested by the NRC staff during the January 11,1995 conference call. The XM-19 material was used in the FitzPatrick core shroud repair described in References 2 and 3. The report provides an evaluation of the constant extension rate i

testing (CERT) of the XM-19 material. The evaluation covers five air CERT tests and twelve simulatd BWR environment CERT tests at 550"F.

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i The enclosed report contains infor. nation that B & W Nuclear Technologies maintains j

in confidence and withholds from public disclosure. The Authority requests that the enclosed report be considered proprietary and wit' held from public disclosure in accordance with the n

provisions of 10 CFR 2.790. The required affidavit is enclosed.

Crevice ConosionlesLCommitment The response to question 2, in Reference 4, committed the Authority to submit the plans for the crevice stress corrosion tests to the NRC within six months after plant startup from the 1994-1995 refueling outage. The intent of this commitment was to submit a description of the planned tests within the specified six month period, with the results of the tests to follow at a later date. Based on the January 11,1995 conference call, it is the Authority's understanding that a description of the pltrined tests, submitted within six months after startup, followed by the test results on a schedtle to be identified in the six month submittal, is acceptable to the NRC staff.

AugmentedBeactoLVesseUSJ Commitment i

The response to question 1, in Reference 4, committed the Authority to submit p!ans j

for augmented inspection of the shroud repair assemblies within six months after plant startup from the 1994-1995 refueling outage. The NRC's SER requested that this inspection program j

include the threaded joints in the tie-rod assembly, As discussed during the January 11,1995 conference call, the threaded connections are inaccessible due to a preassembled inner sleeve, and an outer sleeve, some with bumpers, installed over the tie-rod assembly during its final installation in the reactor vessel. An inspection of the threaded connections would require outer sleeve disassembly, removal of the tie-rod assembly from the reactor, and removal of the inner sleeve from the assembly. This would reF ilt in personnel radiation exposure, and possible damage to the tie-rod assembly or reactor intemals. It is the Authority's understanding, based on the conference call, that the results of the crevice corrosion tests could provide a basis for not inspecting the threaded connections.

If you have any questions, please contact Ms. C. D. Faison.

Very truly yours,

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William J. Cahill, Jr.

Chief Nuclear Officer Attachments:

1.

Affidav't Pursuant to 10 CFR 2.790.

2. BWNT Document No. 51-1235147-00, " CERT Testing of Type XM-19 in Simulaed BWR Environment." December 1994.

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a cc:. Regional Administrator U.S. Nuclear Regulatory Commission "475 Allendale Road King of Prussia, PA 19406 -

Mr. C.' E. Carpenter, Project Manager Project Directorate 1 Division of Reactor Projects - 1/11 U.S. Nuclear Regulatory Commission Mail Stop _14 B2 Washington, DC 20555 Office of the Resident inspector -

U.S. Nuclear Regulatory Commission P.O. Box 136 Lycoming, NY 13093 1

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AFFIDAVIT PURSUANT TO 10 CFR 2.790 RELATIVE TO CORE SHROUD REPAIR FOR THE JAMES A. FITZPATRICK NUCLEAR POWER PLANT f

AFFIDAVIT APPLIES TO THE ENCLOSED BWNT DOCUMENT NO. 51-1235147-00 i

• CERT TESTING OF TYPE XM-19 IN SIMULATED BWR ENVIRONMENT" i

DECEMBER 1994

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o AFFIDAVIT OF JAMES H. TAYLOR A.

My name is James H. Taylor. I am Manager of Licensing Services for B&W Nuclear Technologies (BWNT), and as such I am authorized to execute this Affidavit.

B.

I am familiar with the criteria applied by BWNT to determine whether certain information of BWNT is proprietary and I am familiar with the procedures established within BWNT to ensure the proper application of these criteria.

C.

In determining whether a BWNT document is to be classified as proprietary information, an initial determination is made by the Unit Manager, who is responsible for originating the document, as to whether it falls within the criteria set forth in Paragraph D hereof. If the information falls within any one of these criteria, it is classified as proprietary by the originating Unit Manager. This initial determination is reviewed by the cognizant Section Manager. If the document is designated as proprietary, it is reviewed again by Licensing personnel and other management within BWNT as designated by the Manager of Licensing Services to assure that the regulatory requirements of 10 CFR Section 2.790 are met.

D.

The following information is provided to demonstrate that the pmvisions of 10 CFR Section 2.790 of tiie Commission's regulations hase been considered:

(i)

The information has beca held in confidence by BWNT. Copies of the document are clearly identified as proprietary. In addition, whenever BWNT transmits the information to a customer, customer's agent, potential customer or regulatory agency, the transmittal requests the recipient to hold the information as proprietary. Also, in order to strictly limit any potential or actual customer's use j

of proprietary information, the following provision is included in all proposals submitted by BWNT, and an applicable version ci the proprietary provision is included in all of BWNT's contracts:

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i AFFIDAVIT OF JAMES H. TAYLOR (Cont'd.)

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" Purchaser may retain Company's proposal for use in connection with any contract resulting therefrom, and, for that purpose, make such copies t

thereof as may be necessary. Any proprietary information concerning i

Company's or its Supplier's products or manufacturing processes which is i

so designated by Company or its Suppliers and disclosed to Purchaser i

incident to the performance of such contract shall remain tic property of Company or its Suppliers and is disclosed in confidence, and Purchaser shall not publish or otherwise disclose it to others without the written

'I approval of Company, and no rights. implied or otherwise, are granted to produce or have produced any products or to practice or cause to be-I practiced any manufacturing processes covered thereby.

l Notwithstanding the above, Purchaser may provide the NRC or any other regulatory agency with any such proprietary information as the NRC or

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such other agency may require; provided, however, that PurchaTr shall

.l first give Company written notice of such proposed disclosure and Company shall have the right to amend such proprietary information so as i

to make it non-proprietary. In the event that Company cannot amend such j

proprietary information, Purchaser shall prior to disclosing such information, use its best efforts to obtain a commitment from NRC or such-i other agency to have such information withheld from public inspection.

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Company shall be given the right to participate in pursuit of such confidential treatment."

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r-g AFFIDP OF JAMES H. TAYL', (Cont'd.)

(ii)

The following criteria are customarily applied by BWNT in a rational decision process to determine whether the information should be classified as proprietary.

Information may be classified as proprietary if one or more of the following criteria are met:

a.

Informationi reveals cost or price information, commercial strategies, production capabilities, or budget levels of BWNT, its customers or suppliers.

b.

The information reveals data or material concerning BWNT research or development plans or programs of present or potential competitive advantage to BWNT.

c.

The use of the information by a competitor would decrease his expenditures, in time or resources, in designing, producing or marketing a similar product.

d.

The information consists of test data or other similar data concerning a process, method or component, the application of which results in a competitive advantage to BWNT.

c.

The information reveals special aspects of a process, method, componert or the like, the exclusive use of which results in a competitive advantage to BWNT.

f.

The information contains ideas for which patent protection may be sought.

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AFFIDAVIT OF JAMES H. TAYLDR (Cont'd.)

i The document (s) listed on Exhibit "A", which is attached hereto and made a part hereof, has been evaluated in accordance with normal BWNT procedures with I

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respect to classification and has been found to contain information which falls within one or more of the criteria enumerated above. Exhibit "B", which is '

attached hereto and made a part hereof, specifically identifies the criteria applicable to the document (s) listed in Exhibit "A".

(iii)

The documer.t(s) listed in Exhibit "A", which has been made available to the United States Nuclear Regulatory Commission was made available in confidence with a request that the document (s) and the information contained therein be withheld from public disclosure.

(iv)

The information is not available in the open literature and to the best of our knowledge is not known by Combustion Engineering, EXXON, General Electric, Westinghouse or other current or potential domestic or foreign competitors of BWNT.

(v)

Specific information tvith regard to whether public disclosure of the information is likely to cause harm to the competitive position of BWNT, taking into account the value of the information to BWNT; the amount of effort or money expended by BWNT developing the information; and the ease or difficulty with which the information could be properly duplicated by others is given in Exhibit "B".

E.

I have personally reviewed the document (s) listed on Exhibit "A" and have found that it is considered proprietary by BWNT because it contains information which falls within one or I

more of the criteria enumerated in Paragraph D, and it is informatic.n which is customarily held in confidence and protected as proprietary information by BWN'!. This report 4

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AFFIDAVIT OF JAMR9 H. TAYLOR (Cont'd.)

l comprises information utilized by BWNT in its business which afford BWNT an opportunity -

s to obtain a competitive advantage over those who may wish to know or use the information '

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contained in the document (s).

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/$AMES IL TAYLOR /

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.i State of Virginia)

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SS. Lynchburg City of Lynchburg).

James H. Taylor, being duly sworn, on his oath depose and says that he is the person who subscribed his name to the foregoing statement, and that the matters and facts set forth in the-statement are true, t

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' JAMES H. TAYLO F

Subscri and sworn before me this U ay of daum 1995.

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i k Os 0uv Notary Public in and for the Chy of Lynchburg, State of Virginia.

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i EXHIBITS A & B h

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EXHIBIT A i

1.

BWNT Document No.. 51-1235147-00, " CERT Testing of Type XM-19 in Simulated BWR Environment", December 1994.

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EXIIIPT_B The above listed document contains information which is considered Proprietary in accordance with Criteria b, e and d of the attached affidavit.

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