ML032830027

Response to RAI to Proposed Amendments to Technical Specifications 3.2.4, 3.3.1, and 3.3.3

ML032830027
Person / Time
Site:	Palo Verde
Issue date:	09/18/2003
From:	Mauldin D Arizona Public Service Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
10-04995-CDM/SAB/TNW/DWG, FOIA/PA-2004-0307
Download: ML032830027 (17)

Text

LAPES 10 CFR 50.90 David Mauldin Vice President Mail Station 7605 Palo Verde Nuclear Nuclear Engineering TEL (623) 393-5553 P.O. Box 52034 Generating Station and Support FAX (623) 393-6077 Phoenix, AZ 85072-2034 102-04995-CDM/SAB/TNW/DWG September 18, 2003 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Mail Station P1-37 11555 Rockville Pike Rockville, MD 20852

Reference:

Letter 102-04864-CDMITNW/DWG, "Request for Amendment to Technical Specifications: 3.2.4, Departure From Nucleate Boiling Ratio (DNBR),

3.3.1, Reactor Protective System (RPS) Instrumentation - Operating, 3.3.3, Control Element Assembly Calculators (CEACs)," dated November 7, 2002, from C.D. Mauldin, APS to USNRC

Subject:

Palo Verde Nuclear Generating Station (PVNGS)

Units 1, 2, and 3 Docket Nos. STN 50-52815291530 Response to Request for Additional Information to Proposed Amendment to Technical Specifications 3.2.4, 3.3.1, and 3.3.3 Inthe reference above, Arizona Public Service Company (APS) submitted a request to amend PVNGS Technical Specifications (TS) in support of the Core Protection Calculator System (CPCS) upgrade in each PVNGS unit. Inthe review of the submittal by the NRC's Electrical and l&C Branch, a number of documents have been requested by the lead reviewer. The most recent version of the requested documents are provided in the attachments to this letter. and 2 contain the requested APS documents. Attachment 3 contains Westinghouse authorization letter, LTR-NRC-03-51, which provides the accompanying Affidavit, Proprietary Information Notice, and Copyright Notice associated with the use of documents in Attachments 4 through 10. Attachments 4 through 10 contain the requested Westinghouse documents. Westinghouse Electric Company, the owner of the information in Attachments 4 through 10, requests that this information be withheld from public disclosure in accordance with 10 CFR 2.790 in its entirety.

A member of the STARS (Strategic Teaming and Resource Sharing) Alliance Callaway

• Comanche Peak

• Diablo Canyon

• Palo Verde

• South Texas Project

• Wolf Creek

U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Response to Request for Additional Information to Proposed Amendment to Technical Specifications 3.2.4, 3.3.1, and 3.3.3 Page 2 Correspondence with respect to the copyright or proprietary aspects of the items contained inAttachments 4 through 10 or the supporting Westinghouse affidavit should reference LTR-NRC-03-51 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.

No new commitments are being made to the NRC by this letter. Should you have any questions, please contact Thomas N.Weber at (623) 393-5764.

Sincerely, CDM/SAB/TNW/DWG

Enclosures:

Notarized affidavit Attachments:

1. 13-JC-ZZ-0204, Uncertainty of Analog-to-Digital and Digital-to-Analog Converters for Computer Input in ERFDADS, PMS, CPC, and QSPDS, Revision 3

2. 13-JC-RJ-0205, Core Operating Limit Supervisory System (COLSS) and Core Protection Calculator (CPC) Measurement Channel Uncertainties, Revision 7

3. Westinghouse Authorization Letter, LTR-NRC-03-51

4. 00000-ICE-30158, System Requirements Specification for the Common Q Core Protection Calculator System, Revision 7 (Proprietary)

5. 00000-ICE-30164, Hardware Design Description for the Common Q Core Protection Calculator System, Revision 2 (Proprietary)

6. 14273-ICE-36363, PVNGS Core Protection Calculator (CPC) System Input Processing Uncertainty Calculation, Revision 2 (Proprietary)

7. 00000-ICE-35249, Test Plan for the Common Q Core Protection Calculator System, Revision 3 (Proprietary)

8. 00000-ICE-36369, CPC Timing Analysis for the Common Q Core Protection Calculator System, Revision 1 (Proprietary)

9. 14273-ICE-37731, Software Preliminary Hazard Analysis for the Palo Verde Nuclear Generating Station Core Protection Calculator System, Revision 0 (Proprietary)

10. 00000-ICE-36374, CPC Availability Analysis for the Common Q Core Protection Calculator System, Revision 1 (Proprietary)

U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Response to Request for Additional Information to Proposed Amendment to Technical Specifications 3.2.4, 3.3.1, and 3.3.3 Page 3 cc: Regional Administrator, NRC Region IV J. N. Donohew C. Graham M. B. Fields N. L. Salgado A. V. Godwin

U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Response to Request for Additional Information to Proposed Amendment to Technical Specifications 3.2.4, 3.3.1, and 3.3.3 Page 4 OIThiiALUSE ONLY CONCURRENCE:

OCS Eng Sect Ldr Licensing Sect Ldr A.F. Swirbul (7465)

T. N. Weber (7636)

'l-Ok . Y Nuc Reg Affs Dpt Ldr S. A. Bauer (7636) - r bcc:

M. J. Sontag 7997 NOC 7602 J. J. Compas 7638 M. K. Banks 7615 C. D. Mauldin 7605 G. R. Overbeck 7602 J. M. Levine 9046 B. A. Pregulman 8695 STARS Distribution: PX e-Mail 1] Hard copy 11 None SOURCE DOCUMENTS

1. E-mail from Jack Donohew, NRC, August 6,2003 to Don Gregoire, APS

2. E-mail from Jack Donohew, NRC, August 7,2003 to Don Gregoire, APS

U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Response to Request for Additional Information to Proposed Amendment to Technical Specifications 3.2.4, 3.3.1, and 3.3.3 Page 4 1NTRROMUEON VERIFICATION OF ACCURACY RA Preparer: I have prepared the attached document and validated selected statements of fact to the identified source and Licensing Basis r4ocuments (QV&)I).

Printed Date Originator/Requestor: I have reviewed and verified that the technical information has been accurately translated and correctly described.

I N/A l Signature Printed Date RA Peer Reviewer: I have reviewed the attached document for completeness, QV&V adequacy and submittal quality.

R.J. Ro-ialski / 'II Mao)-3 Signature Printed ' date Other Licensing Document Changes:

UFSAR [X] NO [ Yes LDCR TS Bases [X] NO [ Yes LDCR TRM [X NO [ Yes LDCR OTHER [X NO [ ] Yes Tracking Number COMMITMENTS None

STATE OF ARIZONA )

) ss.

COUNTY OF MARICOPA )

1, David Mauldin, represent that I am Vice President Nuclear Engineering and Support, Arizona Public Service Company (APS), that the foregoing document has been signed by me on behalf of APS with full authority to do so, and that to the best of my knowledge and belief, the statements made therein are true and correct.

D id Mauldin Sworn To Before Me Thisj. &Day Of r ,2003.

Notary Publ OFFICAL SEAL Cassandre Justiss NOTARY PUBLIC- STATE of ARIZONA s II~~ARMPA COUNTY Wl COMM. EXPMRS Ot o, 206 Notary Commission Stamp

EXTERNAL CORRESPONDENCE ONLY LETTER NO:.- 2-  :

PVNGS Document Authorization Routing Slip LETTER DATE SIGNED C .__~

NUCLEAR REGULATORY AFFAIRS DATE:

Special Instructions: Draft File: H:NRADon G/Changes - Tech I Specs/CPC Document Letter.doc BRIEF DESCRIPTION:

NRC Requested Information for CPCS submittal Review.

DN 910510H AE D Y Y. N . ; .I X-. I I . ..... .

DUEON: 9105J03 - - HARD DUE DATE: Yes iNo X  : ;X-.I TO FINAL APPROVER Target Date: 9105103 Actual Date: _ Signature Date: I I (To FinalReviewer 3 Days Priorto Due Date) (Date FinalReviewer Received) (Date Approved/Letter Date)

ROUTETO SIGNATURE REVIEW - DATE INDMDUAL STA. REQUIRED REQUIRED REVIEWEDIAPPROVED COMMENTS A. F. Swirbul 7465 X T. N. Weber 7636 X S. A. Bauer 7636 X C. D. Mauldin 7605 X RETURN TO: Karen Ganion STA:7636

Attachment 3 Westinghouse Authorization Letter, LTR-NRC-03-51 (Proprietary Affidavit Pursuant to 10 CFR 2.790 and Copyright Notice)

Westinghouse Westinghouse Electric Company Nudear Services P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355 USA U.S. Nuclear Regulatory Commission Direct tel: (412) 374-5282 Document Control Desk Direct fax: (412) 374-4011 Washington, DC 20555-0001 e-mail: Sepplhaewestinghouse.com Ourref LTR-NRC-03-51 September 4, 2003 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Palo Verde Common Q based Core Protection Calculator System Design Documentation (Proprietary)

The proprietary information for which withholding is being requested in the subject documentation is further identified in Affidavit CAW-03-1693 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 Arizona Public Service Company.

Correspondence with respect to the proprietary aspects ofthe application for withholding or the Westinghouse affidavit should reference this letter, LTIR-NRC-03-5 1,and should be addressed to the undersigned.

Very truly yours, H. A. Sepp, ger Regulatory Compliance and Plant Licensing Enclosures cc: B. J. BenneyINRR D. Holland/NRR E. Peyton/NRR A BNFL Group company

CAW-03-1693 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared H. A. Sepp, 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:

H. A. Sepp, Manager Regulatory and Licensing Engineering Sworn to and subscribed before 9 iethis day of , 2003 Notary Public umnL~bNcaiyP~d*

mbsion fthsJiniMn29.20Y7j Mey e, Perns~ila Awodall Of Notares 0

2 CAW-03-1693 (1) 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 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 10 CFR Section 2.790 of the Commission's regulations and in conjunction with the Westinghouse application for withholding accompanying this Affidavit.

(3) 1have 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

3 CAW-03-1693 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.

4 CAW-03-1693 (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 2.790, 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 following table identifies seven documents that were requested to be submitted on the docket for the Palo Verde Nuclear Generating Station 1, 2, and 3 Common Q Core Protection Calculator System Project. These are internal design documents that were never intended to be submitted. In all cases, the entire document is the proprietary information sought to be withheld in this submittal. These documents are being transmitted by Arizona Public Service Company letter and Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk. The proprietary information as submitted for use by Westinghouse Electric Company LLC for Palo Verde Nuclear Generating Station 1, 2 and 3 is expected to be applicable for other licensee submittals in response to certain NRC requirements for Core Protection Calculator System Upgrades.

5 CAW-03-1693 Item Document Date of Document Title Number Publication

1. 00000-ICE-30158, June 2003 System Requirements Specification for the Rev 7 Common Q Core Protection Calculator System

2. 00000-ICE-30164, June 2003 Hardware Design Description for the Rev 2 Common Q Core Protection Calculator System

3. 14273-ICE-36363, July 2003 PVNGS Core Protection Calculator (CPC)

Rev 2 System Input Processing Uncertainty Calculation

4. 00000-ICE-35249, June 2003 Test Plan for the Common Q Core Rev 3 Protection Calculator System

5. 00000-ICE-36369, June 2003 CPC Timing Analysis for the Comnmon Q Rev 1 Core Protection Calculator System

6. 14273-ICE-37731, February Software Preliminary Hazard Analysis for Rev 0 2002 the Palo Verde Nuclear Generating Station Core Protection Calculator System

7. 00000-ICE-36374, September CPC Availability Analysis for the Rev 1 2003 Common Q Core Protection Calculator System This information is part of that which will enable Westinghouse to:

(a) Ensure acceptability of the Common Q Core Protection Calculator System (CPCS) with NRC and industry requirements.

(b) Describe and apply qualified digital computer based hardware and software for utilization in protective an-d control processes at nuclear power plants.

(c) Develop, verify and qualify hardware, software, and analytical models.

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 demonstrating compliance with NRC design and licensing requirements.

(b) Westinghouse can sell support and defense of the Common Q Core Protection Calculator System.

6 CAW-03-1693 (c) The information reveals the distinguishing aspects of a methodology that 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 system features, interfaces, analyzed plant parameters, displays and alarms, 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 infornation.

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.

CAW-03-1693 PROPRIETARY INFORMATION NOTICE Transmitted herewith are 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 usually 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). However, the documents transmitted herewith are internal design documents that were never intended to be submitted. In all cases, the entire document is proprietary to Westinghouse; therefore, non-proprietary versions do not exist. The justification for claiming the information as proprietary in the entire set of documents is 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.

This is consistent with 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-03-1693 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.