ML033530326

Request for Withholding Information from Public Disclosure, GE14 and SVEA-96+ Thermal-Hydraulic Compatibility Report

ML033530326
Person / Time
Site:	Hope Creek
Issue date:	02/17/2004
From:	Boska J NRC/NRR/DLPM/LPD1
To:	Sepp H Westinghouse
Licata L NRR/DLPM/LPDI 415-4090
References
TAC MC1517
Download: ML033530326 (5)

Text

February 17, 2004 Mr. H. A. Sepp Manager of Regulatory Compliance and Plant Licensing Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, GE14 AND SVEA-96+ THERMAL-HYDRAULIC COMPATIBILITY REPORT (TAC NO. MC1517)

Dear Mr. Sepp:

By PSEG Nuclear, LLC (PSEG) letter (LR-N03-0388) dated September 8, 2003, and an affidavit executed by J. W. Fasnacht of Westinghouse Electric Company dated September 8, 2003 (Attachment 2 to the same letter), information was provided to the U.S. Nuclear Regulatory Commission (NRC) regarding PSEGs plans to use GE14 fuel. Attachment 1 to PSEGs letter provided information that there was independent verification of the conclusions reached by Global Nuclear Fuels that the introduction of GE14 fuel type will not adversely affect the performance of the SVEA 96+ fuel. This independent verification also concluded that the GE14 and SVEA-96+ fuel types are thermal-hydraulically compatible as evaluated in the Hope Creek Generating Station core. PSEG's letter and the affidavit requested that Attachment 1 be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790. The affidavit indicated that Attachment 1, in its entirety, was considered proprietary, and a nonproprietary version of the information was provided in Attachment 1 of PSEGs letter LR-NO3-0406 dated September 17, 2003.

A nonproprietary copy of Attachment 1 to PSEG letter LR-NO3-0406 has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

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 using SVEA-96+ fuel.

(b) Westinghouse can sell support and defense of licensing support.

H. Sepp (c) 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 calculations and data 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.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, Attachment 1 to Letter LR-N03-0388, marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You should also understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

H. Sepp If you have any questions regarding this matter, I may be reached at 301-415-2901.

Sincerely,

/RA/

John P Boska, Senior Project Manager, Section 2 Project Directorate 1 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-354 cc: See next page

H. Sepp If you have any questions regarding this matter, I may be reached at 301-415-2901.

Sincerely,

/RA/

John P Boska, Senior Project Manager, Section 2 Project Directorate 1 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-354 cc: See next page DISTRIBUTION DRoberts HMiller, RGN-I OGC CRaynor FAkstulewicz JBoska PDI-2 Reading PUBLIC MGray SRI-HCGS Accession No.: ML033530326 *See previous concurrence OFFICE PDI-2/PM PDI-2/LA* SRXB/SC* OGC* PDI-2/SC(A)

NAME JBoska CRaynor FAkstulewicz JHeck DRoberts DATE 2/12/04 1/5/04 2/5/04 2/11/04 2/13/04 OFFICIAL RECORD COPY

H. Sepp Hope Creek Generating Station cc:

Mr. A. Christopher Bakken, III Senior Vice President - Site Operations PSEG Nuclear - X15 Ms. R. A. Kankus P.O. Box 236 Joint Owner Affairs Hancocks Bridge, NJ 08038 Exelon Generation Company, LLC Nuclear Group Headquarters KSA1-E Mr. John T. Carlin 200 Exelon Way Vice President - Nuclear Assessment Kennett Square, PA 19348 PSEG Nuclear - N10 P.O. Box 236 Lower Alloways Creek Township Hancocks Bridge, NJ 08038 c/o Mary O. Henderson, Clerk Municipal Building, P.O. Box 157 Mr. David F. Garchow Hancocks Bridge, NJ 08038 Vice President - Eng/Tech Support PSEG Nuclear - N28 Dr. Jill Lipoti, Asst. Director P.O. Box 236 Radiation Protection Programs Hancocks Bridge, NJ 08038 NJ Department of Environmental Protection and Energy Mr. James A. Hutton CN 415 Plant Manager Trenton, NJ 08625-0415 PSEG Nuclear - X15 P.O. Box 236 Brian Beam Hancocks Bridge, NJ 08038 Board of Public Utilities 2 Gateway Center, Tenth Floor Mr. Steven Mannon Newark, NJ 07102 Acting Manager - Nuclear Safety and Licensing Regional Administrator, Region I PSEG Nuclear - N21 U.S. Nuclear Regulatory Commission P.O. Box 236 475 Allendale Road Hancocks Bridge, NJ 08038 King of Prussia, PA 19406 Jeffrie J. Keenan, Esquire Senior Resident Inspector PSEG Nuclear - N21 Hope Creek Generating Station P.O. Box 236 U.S. Nuclear Regulatory Commission Hancocks Bridge, NJ 08038 Drawer 0509 Hancocks Bridge, NJ 08038 J.W. Fasnacht Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355