ML023640313
| ML023640313 | |
| Person / Time | |
|---|---|
| Site: | Sequoyah  |
| Issue date: | 12/19/2002 |
| From: | Salas P Tennessee Valley Authority |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| Download: ML023640313 (14) | |
Text
Tennessee Valley Authority, Post Office Box 2000, Soddy-Daisy, Tennessee 37384-2000 December 19, 2002 10 CFR 2.790 U.S. Nuclear Regulatory Commission ATTN:
Document Control Desk Washington, D.C.
20555 Gentlemen:
In the Matter of
)
Docket Nos.
50-327 Tennessee Valley Authority
)
50-328 SEQUOYAH NUCLEAR PLANT (SQN)
WESTINGHOUSE ELECTRIC COMPANY TOPICAL REPORT (WCAP-15984)
FOR TECHNICAL SPECIFICATION CHANGE NO.
00-14, "APRESSURE TEMPERATURE LIMITS REPORT (PTLR)
AND REQUEST FOR EXEMPTION FROM THE REQUIREMENTS OF 10 CFR 50, APPENDIX G" Tennessee Valley Authority (TVA) understands that ongcinq technical issues have delayed issuance of a pending rule change to 10 CFR 50, Appendix G, "Fracture Toughness Requirements."
In response to this delay, TVA, by letter dated September 6, 2002, submitted an exemption to 10 CFR 50, Appendix G as part of SQN TS Change 00-14, "Pressure Temperature Limits Report (PTLR) and Request for Exemption from the Requirements of 10 CFR 50, Appendix G."
This TS change updated reactor vessel pressure/temperature limits for SQN Units 1 and 2.
TVA s exemption to 10 CFR 50, Appendix G, proposed the elimination of the reactor vessel head closure flange region as part of the analysis that updated SQN's reactor vessel pressure/temperature limits.
The 10 CFR 50, Appendix G exemption was based on a Westinghouse Electric Company Topical Report (WCAP-15315, "Reactor Vessel Closure Head/Vessel Flange Requirements Evaluation for Operating PWR and BWR Plants").
Subsequent discussion with the Nuclear Regulatory Commission (NRC) staff, following a recent American Pwted m r*ecycld paper
U.S. Nuclear Regulatory Commission Page 2 December 19, 2002 Society of Mechanical Engineers presentation in September, 2002, indicates that additional site specific justification is required for eliminating the flange region.
Accordingly, TVA is submitting additional site specific justification (i.e.,
WCAP-15984) for elimination of the flange region and to support ongoing staff review of SQN TS Change 00-14. provides the application for withholding and affidavit (CAW-02-1590) signed by Westinghouse, the owner of the information, as well as the proprietary information notice and copyright notice.
The application for withholding and the affidavit set forth the basis on which the Westinghouse proprietary information may be withheld from public disclosure by NRC and addresses the considerations listed in Paragraph (b) (4),
of Section 2.790 of NRC regulations.
Accordingly, it is respectfully requested that the information that is proprietary to Westinghouse be withheld from public disclosure in accordance with 10 CFR, Section 2.790. provides the non-proprietary version of WCAP-15984. provides the proprietary version.
Correspondence, with respect to the copyright or proprietary aspects of the subject report or the supporting Westinghouse affidavit, should reference CAW-02-1590 and should be addressed to:
H. A.
Sepp Manager of Regulatory and Licensing Engineering Westinghouse Electric Company P.O.
Box 355 Pittsburgh, Pennsylvania 15230-0355
U.S. Nuclear Regulatory Commission Page 3 December 19, 2002 This letter is being sent in accordance with NRC Regulatory Issue Summary 2001-05.
There are no commitments contained in this submittal.
If you have any questions, please call me at (42 143-7170 or Jim Smith at (423) 843-6672.
Pd Walas Licensing and Industry Affairs Manager I declare under penalty of perjury that the foregoinglis true and correct.
Executed on this j
day of
,n.
Enclosures cc (Enclosures):
Mr. Lawrence E.
Nanney, Director (w/o Proprietary Version)
Division of Radiological Health Third Floor L&C Annex 401 Church Street Nashville, Tennessee 37243-1532 Framatome ANP, Inc.
(w/o Proprietary Version)
P.
- 0. Box 10935 Lynchburg, VA 24506-0935 ATTN:
Mr.
Frank Masseth
ENCLOSURE 1 TENNESSEE VALLEY AUTHORITY SEQUOYAH NUCLEAR PLANT (SQN)
UNITS 1 AND 2 DOCKET NOS.
50-327 AND 50-328 WESTINGHOUSE ELECTRIC COMPANY APPLICATION FOR WITHHOLDING AND AFFIDAVIT (CAW-02-1590)
(Westinghouse Westinghouse Electric Company Nuclear 5erices P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355 USA U.S. Nuclear Regulatory Commission Direct tel: (412) 374-5282 Document Control Desk Directfax: (412) 374-4011 Washington, DC 20555-0001 e-mail: Sepplha@westinghouse corn Attention: Mr. Samuel J. Collins Our ref. CAW-02-1590 December 6, 2002 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
WCAP-15984-P, "Reactor Closure Head/Vessel Flange Requirements Evaluation for Sequoyah Units 1 and 2," December 2002 (Proprietary)
Dear Mr. Collins:
The proprietary information for which withholding is being requested in the above-referenced report is further identified in Affidavit CAW-02-1590 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 2.790 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by American Electric Power Company.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-02-1590, and should be addressed to H. A. Sepp.
Very truly yours, J. S.
lembusActing Manager Regulatory and Licensing Engineering Enclosures cc:
G. Shukla/NRR A BNFL Group company I
CAW-02-1590 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared J. S. Galembush, 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:
Of J. S. Galembush, Acting Manager Regulatory and Licensing Engineering Sworn to and subscribed before me this _
day of -bgA,
dA4 2002 Notary Public SM. p.;;
Notarial Seal Lorraine M. Piplica, Notary Public o "
.Monroeville Boro, Allegheny County My Commission Expires Dec. 14, 2003
%. Z Member, Pennsylvania Association of Notaries
CAW-02-1590 (1)
I am Acting Manager, Regulatory and Licensing Engineering, 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 from public disclosure in connection with nuclear power plant licensing and rule making proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Electric Company LLC.
(2)
I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in conjunction with the Westinghouse application for withholding accompanying this Affidavit.
(3)
I have personal knowledge of the criteria and procedures utilized by the Westinghouse Electric Company LLC 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 2.790 of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from 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 2
CAW-02-1590 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.
(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.
(f)
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 of the information.
(c)
Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.
3
CAW-02-1590 (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 10CFR Section 2.790, 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.
(v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in WCAP-15984-P, "Reactor Closure Head/Vessel Flange Requirements Evaluation for Sequoyah Units 1 and 2," December 2002 for Sequoyah Units 1 and 2, being transmitted by Tennessee Valley Authority letter and Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk, Attention Mr. Samuel J. Collins. The proprietary information as submitted for use by Westinghouse Electric Company LLC for Sequoyah Units 1 and 2 is expected to be applicable for other submittals in response to certain NRC requests for information to support the Reactor Closure Head/Vessel Flange Requirements Evaluation.
4
CAW-02-1590 This information is part of that which will enable Westinghouse to:
(a) Justify the plant-specific calculations for the Reactor Closure Head/Vessel Flange Requirements Evaluation.
(b) Assist the customer to respond to NRC requests for information.
Further this information has substantial commercial value as follows:
(a)
Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for licensing documentation.
(b)
Westinghouse can sell support and justification for the use of plant-specific power calorimetric calculations.
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 support documentation 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 information 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.
5
CAW-02-1590 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 2.790 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 2.790(b)(1).
CAW-02-1590 COPYRIGHT NOTICE The reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number 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 2.790 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.
ENCLOSURE 2 TENNESSEE VALLEY AUTHORITY SEQUOYAH NUCLEAR PLANT (SQN)
UNITS 1 AND 2 DOCKET NOS.
50-327 AND 50-328 WESTINGHOUSE ELECTRIC COMPANY (WCAP 15984-NP)
NON-PROPRIETARY VERSION