L-07-103, Supplemental Information for License Amendment Request Nos. 333 & 204 (Rev. 2 of WCAP-16518)
| ML072110318 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley |
| Issue date: | 07/26/2007 |
| From: | Hubley E FirstEnergy Nuclear Operating Co |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| L-07-103, TAC MD2377, TAC MD2378, WCAP-16518, Rev 2 | |
| Download: ML072110318 (10) | |
Text
,FENOC FirstEnergyNuclear Operating Company Edward H. Hubley 724-682-5203 Acting Director, Maintenance July 26, 2007 L-07-103 U. S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, DC 20555-0001
Subject:
Beaver Valley Power Station, Unit Nos. 1 and 2 BV-1 Docket No. 50-334, License No. DPR-66 BV-2 Docket No. 50-412, License No. NPF-73 Supplemental Information for License Amendment Request Nos. 333 and 204 (Revision 2 of WCAP-16518) (TAC Nos. MD2377 and MD2378)
By letter dated July 20, 2007 (L-07-084, Reference 1) FirstEnergy Nuclear Operating Company (FENOC) provided responses to a Nuclear Regulatory Comnission (NRC) request for additional information (RAI) dated May 21, 2007. The RAI pertains to License Amendment Request (LAR) Nos. 333 and 204, submitted by FENOC letter L-06-094 (Reference 2). As noted in Reference 1, responses to two of the RAI questions required a revision to WCAP- 16518, "Beaver Valley Unit 2 Spent Fuel Pool Criticality Analysis."
Enclosure 1 is 1 copy of WCAP-16518-P Revision 2, "Beaver Valley Unit 2 Spent Fuel Pool Criticality Analysis," July 2007 (Proprietary).
Enclosure 2 is I copy of WCAP- 16518-NP Revision 2, "Beaver Valley Unit 2 Spent Fuel Pool Criticality Analysis," July 2007 (Non-Proprietary).
The revisions to the WCAPs do not impact or invalidate either the safety analysis or determination of no significant hazard consideration submitted in Reference 2.
As Enclosure 1 contains information proprietary to Westinghouse Electric Company LLC, 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 Comnission and addresses with specificity the considerations listed in paragraph (b) (4) of Section 2.390 of the Colmnission's regulations. The affidavit, along with a Westinghouse authorization letter (CAW 2300), Proprietary Information Notice, and Copyright Notice is provided in Enclosure 3.
Beaver Valley Power Station, Unit Nos. 1 and 2 Supplemental Information for License Amendment Request Nos. 333 and 204 (Revision 2 of WCAP- 16518)
L-07-103 Page 2 Accordingly, it is respectfully requested that the information proprietary to Westinghouse be withheld from public disclosure in accordance with 10 CFR Section 2.390 of the Commission's regulations.
ColTespondence with respect to the copyright or proprietary aspects of Enclosures 1 and 2, or the supporting Westinghouse Affidavit, should reference CAW-07-2300 and should be addressed to J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing, Westinghouse Electric Company LLC, P.O. Box 355, Pittsburgh, Pemnsylvania 15230-0355.
No new regulatory con-mitments are contained in this submittal. If there are questions or if additional information is required, please contact Mr. Thomas A. Lentz, Manager -
Licensing, at (330) 761-6071.
I declare under penalty of perjury that the foregoing is true and correct. Executed on July _3__ 2007.
Sincerely, Edward H. Hubley/
Enclosures:
- 1. WCAP- 16518-P Revision 2, "Beaver Valley Unit 2 Spent Fuel Pool Criticality Analysis," July 2007 (Proprietary)
- 2. WCAP- 16518-NP Revision 2, "Beaver Valley Unit 2 Spent Fuel Pool Criticality Analysis," July 2007 (Non-Proprietary)
- 3. Westinghouse Authorization Letter (CAW-07-2300), Accompanying Affidavit, Proprietary Information Notice, and Copyright Notice.
References:
- 1. FENOC Letter L-07-084, Responses to a Request for Additional Information (RAI dated May 21, 2007) in Support of License Amendment Request Nos. 333 and 204 (TAC Nos. MD2377 and MD2378), dated July 20, 2007.
Beaver Valley Power Station, Unit Nos. 1 and 2 Supplemental Information for License Amendment Request Nos. 333 and 204 (Revision 2 of WCAP-16518)
L-07-103 Page 3 C: Ms. N. S. Morgan, NRR Project Manager Mr. D. L. Werkheiser, NRC Senior Resident Inspector Mr. S. J. Collins, NRC Region I Administrator Mr. D. J. Allard, Director BRP/DEP Mr. L. E. Ryan (BRP/DEP)
Enclosure 3 Westinghouse Authorization Letter (CAW-07-2300), Accompanying Affidavit, Proprietary Information Notice, and Copyright Notice.
NF-DL-06-47, Rev 1 Proprietary Information Notice Transmitted herewith are proprietary and/or non-proprietary versions of documents 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)(1).
Copyright Notice The reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the ntumber 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.
NF-DL-06-47, Rev 1 BWestinghouse Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355 USA U.S. N uclear Regulatory Commission Direct tel: (412) 374-4643 Document Control Desk Direct fax: (412) 374-4011 Washington, DC 20555-0001 e-mail: greshaja@westinghouse.com Our ref: CAW-07-2300 July 10, 2007 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
WCAP-16518-P Revision 2, "Beaver Valley Unit 2 Spent Fuel Pool Criticality Analysis,"
July 2007 (Proprietary)
The proprietary information for which withholding is being requested in the above-referenced report is further identified in Affidavit CAW-07-2300 signed by the owner of the proprietary information, Westinghouse Electric Company LLC. 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 First Energy Nuclear Operating Company:
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-07-2300 and should be addressed to J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing, Westinghouse Electric Company LLC, P.O. Box 355, Pittsburgh, Pennsylvania 15230-0355.
Very truly yours, Y/J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Enclosures cc: Jon Thlompson/NRR
NF-DL-06-47, Rev 1 CAW-07-2300 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared J. A. Gresham, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Company LLC (Westinghouse), and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
JA. Gresha, Manager Regulator)' Compliance and Plant Licensing Sworn to and subscribed before me this day of -2007 Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Sea]
Sharon L. Markie, Notary Public Monroeville Boro, Allegheny County My Commission Expires Jan. 29,2011 Member, Pennsylvania Association of Notaries
NF-DL-06-47, Rev 1 2 CAW-07-2300 (I) I am Manager, Regulatory Compliance and Plant Licensing, in Nuclear Services, Westinghouse Electric Company LLC (Westinghouse), and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld firom 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) 1 am making this Affidavit in conformance with the provisions of 10 CFR Section 2.390 of the Commission's regulations and in conjunction with the Westinghouse application for withholding accompanying this Affidavit.
(3) 1 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 firom public disclosure should be withheld.
(i) The information sought to be withheld from public disclosure is owned and has 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 constitutes Westinghouse policy and provides 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 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.
NF-DL-06-47, Rev 1 3 CAW-07-2300 (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.
(1) It contains patentable ideas, for which patent protection may be desirable.
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 oftthe information.
(c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.
(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.
(iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.390, it is to be received in confidence by the Commission.
(iv) 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.
NF-DL-06-47, Rev 1 4 CAW-07-2300 (v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in WCAP- 165 18-P Revision 2, "Beaver Valley Unit 2 Spent Fuel Pool Criticality Analysis," July 2007 (Proprietary), for review and approval, being transmitted by First Energy Nuclear Operating Company letter and Application for Withholding Proprietary Information friom Public Disclosure, to the Document Control Desk. The proprietary information as submitted by Westinghouse for Beaver Valley Power Station Unit 2 is for review and approval.
This information is part of that which will enable Westinghouse to:
(a) Provide technical information in support of spent fuel pool and in-containment storage rack criticality analysis licensing.
(b) Assist customer to obtain license change.
Further this information has substantial commercial value as follows:
(a) Westinghouse can use this information to further enhance their licensing position with their competitors.
(b) 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 analyses 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 infoniiation 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.