L-2011-413, Submittal of Attachment 2, Response to NRC Reactor Systems Branch Request for Additional Information Re Extended Power Uprate License Amendment Request

Submittal of Attachment 2, Response to NRC Reactor Systems Branch Request for Additional Information Re Extended Power Uprate License Amendment Request

ML11284A184
Person / Time
Site:	Saint Lucie
Issue date:	09/29/2011
From:	Richard Anderson Florida Power & Light Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
1860-AFFI-02, L-2011-413
Download: ML11284A184 (8)

Text

Florida Power & Light Company, 6501 S. Ocean Drive, Jensen Beach, FL 34957 September 29, 2011 FPL PFror*itar-y Infrm-ation W-A'ithholFm r.iPublic Drs-loe.c Unr 410 FR 23 90 L-201 1-413 10 CFR 50.90 10 CFR 2.390 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555 Re: St. Lucie Plant Unit 1 Docket No. 50-335 Renewed Facility Operating License No. DPR-67 Response to NRC Reactor Systems Branch Request for Additional Information

, Regarding Extended Power Uprate License Amendment Request

References:

(1) R. L. Anderson (FPL) to U.S. Nuclear Regulatory Commission (L-2010-259),

"License Amendment Request (LAR) for Extended Power Uprate," November 22, 2010, Accession No. ML103560419.

(2) Email from T. Orf (NRC) to C. Wasik (FPL), "St. Lucie 1 EPU draft RAIs-Reactor Systems (SRXB)," August 23, 2011.

By letter L-2010-259 dated November 22, 2010 [Reference 1], Florida Power & Light Company (FPL) requested to amend Renewed Facility Operating License No. DPR-67 and revise the St. Lucie Unit 1 Technical Specifications (TS). The proposed amendment will increase the unit's licensed core thermal power level from 2700 megawatts thermal (MWt) to 3020 MWt and revise the Renewed Facility Operating License and TS to support operation at this increased core thermal power level. This represents an approximate increase of 11.85% and is therefore considered an Extended Power Uprate (EPU).

By email from the NRC Project Manager dated August 23, 2011 [Reference 2],

additional information was requested by the NRC staff in the Reactor Systems Branch (SRXB) to support their review of the EPU LAR. The request for additional information (RAI) submitted via Reference 2 identified thirty-two (32) questions. Attachment 1 to this letter submits the response to SRXB-46.

an FPL Group company "J (Zk

St. Lucie Unit 1 L-2011-413 Docket No. 50-335 Page 2 of 2 contains Holtec proprietary information and is considered proprietary in its entirety. Attachment 2 contains the Holtec Proprietary Information Affidavit. The Affidavit, signed by Holtec as the owner of the information, 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 paragraph (b)(4) of § 2.390 of the Commission's regulations. Accordingly, it is respectfully requested that the information which is proprietary to Holtec be withheld from public disclosure in accordance with 10 CFR 2.390 In accordance with 10 CFR 50.91(b)(1), a copy of this letter is being forwarded to the designated State of Florida official.

This submittal does not alter the significant hazards consideration or environmental assessment previously submitted by FPL letter L-2010-259 [Reference 1].

This submittal contains no new commitments, and no revisions to existing commitments.

Should you have any questions regarding this submittal, please contact Mr. Christopher Wasik, St. Lucie Extended Power Uprate LAR Project Manager, at 772-467-7138.

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

Executed on Sea4 - a0 c Very truly yours, Richard L. Anderson Site Vice President St. Lucie Plant Attachments (2) cc: Mr. William Passetti, Florida Department of Health

St. Lucie Unit 1 L-2011-413 Docket No. 50-335 Attachment 2 ATTACHMENT 2 Response to NRC Reactor Systems Branch Request for Additional Information Regarding Extended Power Uprate License Amendment Request Holtec Application for Withholding Proprietary Information from Public Disclosure (Cover page plus 5 pages)

ME N -oU E Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053 H O LT EC INTERNATIONAL Telephone (856) 797-0900 Fax (856) 797-0909 Holtec International Document ID 1860-AFFI-02 AFFIDAVIT PURSUANT TO 10 CFR 2.390 I, Thomas V. Fitzpatrick, being duly sworn, depose and state as follows:

(1) I have reviewed the information described in paragraph (2) which is sought to be withheld, and am authorized to apply for its withholding.

(2) The information sought to be withheld is information provided with Holtec letter 1860012, specifically the attached pages from Holtec Report HI-2094346 which contains Holtec Proprietary information and is appropriately marked as such.

(3) In making this application for withholding of proprietary information of which it is the owner, Holtec International 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 10CFR Part 9.17(a)(4), 2.390(a)(4), and 2.390(b)(1) for "trade secrets and commercial or financial information obtained from a person and privileged or confidential" (Exemption 4). The material for which exemption from disclosure is here sought is all "confidential commercial information", and some portions 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).

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Holtec International Document ID 1867-AFFI-02 AFFIDAVIT PURSUANT TO 10 CFR 2.390 (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 Holtec's competitors without license from Holtec International 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 cost or price information, production, capacities, budget levels, or commercial strategies of Holtec International, its customers, or its suppliers;

d. Information which reveals aspects of past, present, or future Holtec International customer-funded development plans and programs of potential commercial value to Holtec International;

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

The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraph 4.b, above.

(5) The information sought to be withheld is being submitted to the NRC in confidence. The information (including that compiled from many sources) is of a sort customarily held in confidence by Holtec International, 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 Holtec International. No public disclosure has been made, and it is not available in public sources. All disclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursuant to regulatory provisions or 2 of 5

Holtec International Document ID 1867-AFFI-02 AFFIDAVIT PURSUANT TO 10 CFR 2.390 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.

Access to such documents within Holtec International is limited on a "need to know" basis.

(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 designee), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation.

Disclosures outside Holtec International 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 classified as proprietary was developed and compiled by Holtec International at a significant cost to Holtec International. This information is classified as proprietary because it contains detailed descriptions of analytical approaches and methodologies not available elsewhere. This information would provide other parties, including competitors, with information from Holtec International's technical database and the results of evaluations performed by Holtec International. A substantial effort has been expended by Holtec International to develop this information. Release of this information would improve a competitor's position because it would enable Holtec's competitor to copy our technology and offer it for sale in competition with our company, causing us financial injury.

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Holtec International Document ID 1867-AFFI-02 AFFIDAVIT PURSUANT TO 10 CFR 2.390 (9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to Holtec International's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part ofHoltec International's comprehensive spent fuel storage 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.

The research, development, engineering, and analytical costs comprise a substantial investment of time and money by Holtec International.

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.

Holtec International's competitive advantage will be lost if its competitors are able to use the results of the Holtec International 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 Holtec International 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 Holtec International of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.

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Holtec International Document ID 1867-AFFI-02 AFFIDAVIT PURSUANT TO 10 CFR 2.390 STATE OF NEW JERSEY )

) ss:

COUNTY OF BURLINGTON)

Mr. Thomas V. Fitzpatrick, being duly sworn, deposes and says:

That she has read the foregoing affidavit and the matters stated therein are true and correct to the best of her knowledge, information, and belief.

Executed at Marlton, New Jersey, this 9 th day of September, 2011.

Thomas V. Fitzpatrick Holtec International Subscribed and sworn before me this ell day of -- !e-/ (' , 2011.

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