ML020390374
| ML020390374 | |
| Person / Time | |
|---|---|
| Site: | Brunswick  |
| Issue date: | 01/24/2002 |
| From: | Keenan J Carolina Power & Light Co |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| BSEP 01-0164, TAC MB2700, TAC MB2701, TSC-2001-09 | |
| Download: ML020390374 (12) | |
Text
John S. Keenan cP&L Vice President A Progress Energy Company Brunswick Nuclear Plant JAN 2 4 2002 SERIAL: BSEP 01-0164 TSC-2001-09 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 BRUNSWICK STEAM ELECTRIC PLANT, UNIT NOS. 1 AND 2 DOCKET NOS. 50-325 AND 50-324/LICENSE NOS. DPR-71 AND DPR-62 RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION REGARDING REQUEST FOR LICENSE AMENDMENTS - EXTENDED POWER UPRATE (NRC TAC NOS. MB2700 AND MB2701)
Ladies and Gentlemen:
On August 9, 2001 (Serial: BSEP 01-0086), Carolina Power & Light (CP&L) Company requested a revision to the Operating Licenses (OLs) and the Technical Specifications for the Brunswick Steam Electric Plant (BSEP), Units 1 and 2. The proposed license amendments increase the maximum power level authorized by Section 2.C.(1) of OLs DPR-71 and DPR-62 from 2558 megawatts thermal (MWt) to 2923 MWt. Subsequently, on December 10, 2001, the NRC provided an electronic version of a Request For Additional Information (RAI) requesting information associated with the Civil & Engineering Mechanics Section's review of the extended power uprate amendment request. The response to this RAI is provided in Enclosure 1. contains information that General Electric (GE) Company considers to be proprietary. The portion of the text containing the proprietary information is identified with vertical sidebars in the right margin. GE requests that the proprietary information in this response be withheld from public disclosure in accordance with 10 CFR 9.17(a)(4),
2.970(a)(4), and 2.790(d)(1). Affidavits supporting this request are provided in Enclosure 2.
A non-proprietary (i.e., redacted) version of the response is provided in Enclosure 3.
PC. Box 10429P C
Southport, NC 28461
> 910.457.2495
> 910.457.2803
Document Control Desk BSEP 01-0164 / Page 2 Please refer any questions regarding this submittal to Mr. Leonard R. Beller, Manager - Regulatory Affairs, at (910) 457-2073.
Sincerely, S. Keenan MAT/mat
Enclosures:
- 1. Response to Request For Additional Information (RAI) 11 - Proprietary
- 2. General Electric Affidavits of Proprietary Information
- 3. Non-Proprietary Version of Response to Request For Additional Information (RAI) 11 John S. Keenan, having been first duly sworn, did depose and say that the information contained herein is true and correct to the best of his information, knowledge and belief; and the sources of his information are officers, employees, and agents of Carolina Power & Light Company.
Notary (Seal)
My commission expires: *
/ I
Document Control Desk BSEP 01-0164 / Page 3 cc: (With Enclosures except as noted)
U. S. Nuclear Regulatory Commission, Region II ATTN: Dr. Bruce S. Mallett, Regional Administrator Sam Nunn Atlanta Federal Center 61 Forsyth Street, SW, Suite 23T85 Atlanta, GA 30303-8931 U. S. Nuclear Regulatory Commission ATTN: Mr. Theodore A. Easlick, NRC Senior Resident Inspector 8470 River Road Southport, NC 28461-8869 U. S. Nuclear Regulatory Commission ATTN: Mr. Allen G. Hansen (Mail Stop OWFN 8G9) 11555 Rockville Pike Rockville, MD 20852-2738 U. S. Nuclear Regulatory Commission ATTN: Mr. Mohammed Shuaibi (Mail Stop OWFN 8H4A) 11555 Rockville Pike Rockville, MD 20852-2738 Ms. Jo A. Sanford (w/o Enclosure 1)
Chair - North Carolina Utilities Commission P.O. Box 29510 Raleigh, NC 27626-0510 Mr. Mel Fry (w/o Enclosure 1)
Director - Division of Radiation Protection North Carolina Department of Environment and Natural Resources 3825 Barrett Drive Raleigh, NC 27609-7221
ENCLOSURE 2 BRUNSWICK STEAM ELECTRIC PLANT, UNIT NOS. 1 AND 2 DOCKET NOS. 50-325 AND 50-324/LICENSE NOS. DPR-71 AND DPR-62 RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION REGARDING REQUEST FOR LICENSE AMENDMENTS - EXTENDED POWER UPRATE (NRC TAC NOS. MB2700 AND MB2701)
General Electric Affidavits of Proprietary Information
General Electric Company AFFIDAVIT I, David J. Robare, being duly sworn, depose and state as follows:
(1) I am Technical Projects Manager, Technical Services, General Electric Company
("GE") 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 GE letter GE-KBO-AEP 331P, Carl Hinds (GE) to Bob Kitchen (Brunswick Unit 1 and Unit 2), Response to NRC Request for Additional Infonnation (RAI)- 5-13, 5-15, 5-17b, 11-7, and 11-9, dated January 11, 2002. The proprietary information is delineated by a bar marked in the margin.
(3) In making this application for withholding of proprietary information of which it is the owner, GE 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), 2.790(a)(4), and 2.790(d)(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).
(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 General Electric's competitors without license from General Electric 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; Affidavit Page 1
- c.
Information which reveals cost or price information, production capacities, budget levels, or commercial strategies of General Electric, its customers, or its suppliers;
- d.
Information which reveals aspects of past, present, or future General Electric customer-funded development plans and programs, of potential commercial value to General Electric;
- 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 both paragraphs (4)a. and (4)b., above.
(5) The information sought to be withheld is being submitted to NRC in confidence. The information is of a sort customarily held in confidence by GE, 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 GE, 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.
Access to such documents within GE 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 delegate), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside GE 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.
Affidavit Page 2
(8)
The information identified in paragraph (2), above, is classified as proprietary because it contains responses containing or based on detailed results of analytical models, methods and processes, including computer codes for BWRs.
The development of the evaluation process along with the interpretation and application of the analytical results is derived from the extensive experience database that constitutes a major GE asset.
(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GE's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of GE'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.
The research, development, engineering, analytical and NRC review costs comprise a substantial investment of time and money by GE.
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.
GE's competitive advantage will be lost if its competitors are able to use the results of the GE 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 GE 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 GE of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.
Affidavit Page 3
STATE OF CALIFORNIA
)
)
ss:
COUNTY OF SANTA CLARA
)
David J. Robare, being duly sworn, deposes and says:
That he has read the foregoing affidavit and the matters stated therein are true and correct to the best of his knowledge, information, and belief.
Executed at San Jose, California, this day of T-U-0 4 IA RV 2002.
David J. Robare General Electric Company Subscribed and sworn before me this day of
\\6M41 2002.
r
~TERRY J. MORGAN
'-Commission
- 1304914 z
SNotary Public-California Santa Clara County MyCornm. Expires May 18, 20051o-ot"ia blic,i*¢ of California&,"
Affidavit PaRe 4
General Electric Company AFFIDAVIT I, David J. Robare, being duly sworn, depose and state as follows:
(1) I am Technical Projects Manager, Technical Services, General Electric Company
("GEO) 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 GE letter GE-KBO-AEP 330P, Carl Hinds (GE) to Bob Kitchen (Brunswick Unit 1 and Unit 2), Response to NRC Request for Additional Information (RAI)- 25(a), 11-8, 11-12, 11-13, 11-18 and 11-19, dated January 14, 2002. The proprietary information is delineated by a bar marked in the margin.
(3) In making this application for withholding of proprietary information of which it is the owner, GE 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), 2.790(aX4), and 2.790(d)(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).
(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 General Electric's competitors without license from General Electric 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; Affidavit Page 1
- c.
Information which reveals cost or price information, production capacities, budget levels, or commercial strategies of General Electric, its customers, or its suppliers;
- d.
Information which reveals aspects of past, present, or future General Electric customer-funded development plans and programs, of potential commercial value to General Electric;
- 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 both paragraphs (4)a. and (4)b., above.
(5)
The information sought to be withheld is being submitted to NRC in confidence. The information is of a sort customarily held in confidence by GE, 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 GE, 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.
Access to such documents within GE 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 delegate), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside GE 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.
Affidavit Page 2
(8)
The information identified in paragraph (2), above, is classified as proprietary because it contains responses containing or based on detailed results of analytical models, methods and processes, including computer codes for BWRs.
The development of the evaluation process along with the interpretation and application of the analytical results is derived from the extensive experience database that constitutes a major GE asset.
(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GE's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of GE'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.
The research, development, engineering, analytical and NRC review costs comprise a substantial investment of time and money by GE.
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.
GE's competitive advantage will be lost if its competitors are able to use the results of the GE 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 GE 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 GE of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.
Affidavit Paee 3
STATE OF CALIFORNIA COUNTY OF SANTA CLARA
) )
SS:
)
David J. Robare, being duly sworn, deposes and says:
That he has read the foregoing affidavit and the matters stated therein are true and correct to the best of his knowledge, information, and belief Executed at San Jose, California, this 1 4 day of Z m -0 14 2002.
David J. Robare General Electric Company Subscribed and sworn before me this day of 1i2 IA-a
- 2002.
TERRY J. MORGAN Commission# 1304914 z
=':
Notary Public - California z
oSanta Clara County
'- ary Public
~ -of Califo a
Affidavit Pa~e 4