ML040140301
| ML040140301 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 01/09/2004 |
| From: | Womack L Pacific Gas & Electric Co |
| To: | Document Control Desk, Office of Nuclear Material Safety and Safeguards |
| References | |
| +sispmjr200505, -RFPFR, DIL-04-001 | |
| Download: ML040140301 (20) | |
Text
WI Pacific Gas and BEectric Company Lawrence F. Womack Diablo Canyon Power Plant Vice President PO. Box 56 Nuclear Services Avila Beach, CA 93424 January 9, 2004 805.545.4600 Fax: 805.545A234 PG&E Letter DIL-04-001 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Docket No. 72-26 Response to NRC Reauest for Additional Information. Intearal Fuel Burnable Absorber (IFBA) Fuel Rod Data for Regions 5 to 10 for Dry Cask Storage Analyses/Licensing (Proprietary) (TAC No. L23399)
Dear Commissioners and Staff:
On December 21, 2001, Pacific Gas and Electric Company (PG&E) submitted an application to the NRC for a 10 CFR 72 site-specific license to build and operate an independent spent fuel storage installation at the Diablo Canyon Power Plant (DCPP) site (PG&E Letter DIL-01-002). The application included a Safety Analysis Report (SAR), Environmental Report, and other required documents in accordance with 10 CFR 72.
As a part of their review of PG&E's application, the NRC staff requested PG&E, in a telephone call on December 19, 2003, to provide additional information on the characteristics of DCPP fuel rods containing IFBA in Regions 5 to 10. This information is needed by the staff to complete their review of the application. contains the requested IFBA fuel rod data for Regions 5 to 10, as provided to PG&E by Westinghouse Electric Company, LLC (Regions 1 to 4 did not contain IFBA). Attachment 1 to Enclosure 1 contains information proprietary to Westinghouse and Attachment 2 is the non-proprietary version of. Attachment 3 is information provided by PG&E on spent fuel in storage at DCPP by unit, region, and burnup for Regions 1 to 10 (non-proprietary). The fuel burnups shown in Attachment 3 are divided into those assemblies with less than 45,000 MWD/MTU and those with greater than 45,000 MWD/MTU. includes a Westinghouse Application for Withholding U.S.
Proprietary Information from Public Disclosure (CAW-04-1760), an accompanying Affidavit CAW-04-1760, signed by Westinghouse, the owner of the proprietary information, a Copyright Notice, and a Proprietary Information Notice. The affidavit sets forth the basis on which the information may be withheld from public disclosure by the Commission, and it addresses with specificity the considerations listed in paragraph (b)(4) of 10 CFR 2.790 of the
Document Control Desk PG&E Letter DIL-04-001 January 9, 2004 Page 2 Commission's regulations. PG&E requests that the Westinghouse proprietary information be withheld from public disclosure in accordance with 10 CFR 2.790.
Correspondence with respect to the copyright or proprietary aspects of the application for withholding related to the Westinghouse proprietary information provided in Enclosure 1 or the Westinghouse affidavit provided in Enclosure 2 should reference Westinghouse Letter CAW-04-1760 and be addressed to J. S.
Galembush, Acting Manager, Regulatory Compliance and Plant Licensing, Westinghouse Electric Company, LLC, P. 0. Box 355, Pittsburgh, Pennsylvania, 15230-0355.
If you have any questions regarding this response, please contact Mr. Terence Grebel at (805) 545-4160.
Sincerely,tQ JO Lawrence F. Womack Vice President Nuclear Services Enclosures Cc:
Diablo Distribution Thomas D. Green, Esq.
Christopher Helenius Darcie L. Houck Sheldon L. Trubatch Cc/enc:
Diane Curran, Esq.
John S. Galembush James R. Hall (10)
PG&E Letter DIL-04-001 ATTACHMENT 2 "Response to Request for Additional Information Diablo Canyon Units 1 and 2, IFBA Fuel Rod Data for Regions 5 to 10 for Dry Cask Storage Analyses/Licensing," (Non-Proprietary), January 2004
Westinghouse Non-Proprietary Class 3 ATTACHMENT 2 "Response to Request for Additional Information, Diablo Canyon Units I and 2, JIFBA Fuel Rod Data for Regions 5 to 10 for Dry Cask Storage AnalyseslLicensing," (Non-Proprietary), January 2004 (3 pages)
Westinghouse Electric Company LLC 4350 Northern Pike Monroeville, PA 15146 0 2004 Westinghouse Electric Company LLC All Rights Reserved
t Table 1 (Part 1 of 3)
Regions 5 and 6 IFBA Rod Characteristics a, c Page 1 of 3
0 Table I (Part 2 of 3)
Regions 7 and 8 IFBA Rod Characteristics Page 2 of 3
c Table 1 (Part 3 of 3)
Regions 9 and 10 IFBA Rod Characteristics a, c Page 3 of 3
Enclosure I PG&E Letter DIL-04-001 ATTACHMENT 3
" DCPP Spent Fuel in Storage by Unit, Region, and Bumup (Regions 1 to 10 Only)," (Non-Proprietary)
SPENT FUEL IN STORAGE BY UNIT, REGION, AND BURNUP (Regions 1 to 10 Only)
Less then 45,000 MW/MTU Unit Region Assemblies I ccumulative Total Unit Greater than 45,000 MW/MTU Accumulative Total Region Assemblies V -
I 2
1 2
1 2
1 2
1 2
I 2
I 2
I 2
I 2
1 2
2 2
3 3
4 4
5 5
6 6
7 7
8 B
9 9
10 10 65 65 64 64 64 64 56 68 56 76 51 35 35 39 61 40 67 21 19 8
65 130 194 258 322 386 442 510 566 642 693 728 763 802 863 903 970 991 1010 1018 I
1 2
2 3
3 4
4 5
5 6
6 7
7 8
8 9
9 10 10 0
0 0
0 0
0 12 0
20 0
5 45 53 45 27 48 21 67 65 88 0
0 0
0 0
0 12 12 32 32 37 82 135 180 207 255 276 343 408 496 PG&E Letter DIL-04-001 Westinghouse Electric Company, LLC, Application for Withholding Proprietary Information from Public Disclosure (J. S. Galembush to Document Control Desk, Attention: J. S. Wermiel), CAW-04-1760, dated January 6, 2004
Westinghouse U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555 Attention:
J. S. Wermiel, Chief Reactor Systems Branch Division of Systems Safety and Analysis Westinghouse Electric Company Nudear Services P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355 USA Direct tel: 412/374-5036 Direct fax: 412/374-4011 e-mail: galemljsgwestinghouse.com Our ref: CAW-04-1760 January 6,2004 APPLICATION FOR WITOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE Subject Response to Request for Additional Information, Diablo Canyon Units I and 2, IFBA Fuel Rod Data for Regions 5 to 10 for Dry Cask Storage Analyses/Licensing
Dear Mr. Wermiel:
The proprietary information for which withholding is being requested in the above-referenced response is further identified in Affidavit CAW04-1760 signed by the owner of the proprietary information, Westinghouse Electric Company LLC, a Delaware limited liability company ("Westinghouse"). 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 Commissions regulations.
Accordingly, this letter authorized the utilization of the accompanying Affidavit by Pacific Gas & Electric for Diablo Canyon Units I and 2.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-04-1760, and should be addressed to the undersigned.
Very truly yours, ohn S. Galembush, Acting Manager Regulatory Compliance and Plant Licensing Enclosures cc: E. S. Peyton/NRR A BNFLGroup company PG&E Letter DIL-04-001 Affidavit CAW-04-1760 of J. S. Galembush, Acting Manager, Regulatory Compliance and Plant Licensing, Westinghouse Electric Company, LLC, dated January 6, 2004
CAW-04-1760 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
s5 COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared John 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, a Delaware limited liability company ("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:
S. Galembush, Acting Manager Regulatory Compliance and Plant Licensing Sworn to and subscribe) before me this.
day of.2004.
Notary Public NaUWSeal
't= L F Ski Ncty Pdc MYOni1ssi.
0 EiZ a Jauy 29.2007 Mme.Pm~rraAo afl fNb CAW-04-1760 (1)
I am Acting Manager, Regulatory Compliance and Plant Licensing, in Nuclear Services, of the Westinghouse Electric Company LLC, a Delaware limited liability company ("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 rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Electric Company.
(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)
I have personal knowledge of the criteria and procedures utilized by the Westinghouse Electric Company 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 Sebtion 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 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.
CAW-04-1760 (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 which 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.
(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.
CAW-04-1760 (v)
The proprietary information sought to be withheld in this submittal is that which is appropriately marked in "Response to Request for Additional Information, Diablo Canyon Units 1 and 2, IFBA Fuel Rod Data for Regions 5 to 10 for Dry Cask Storage Analyses/Licensing," (Proprietary), January 2004, transmitted via Pacific Gas and Electric Company for Diablo Canyon Units I and 2 letter (NF-PGE-04-4) and Application for Withholding Proprietary Information from Public Disclosure, to the attention of J. S. Wermiel, Chief, Reactor Systems Branch, Division of Systems Safety and Analysis. The proprietary infonnation provides the technical information requested..
This information is part of that which will enable Westinghouse to:
(a)
Provide technical information requested by the NRC in support of dry cask storage analyses and licensing for Diablo Canyon Units I and 2.
(b)
Assist customers to obtain license changes.
Further this information has substantial commercial value as follows:
(a)
Westinghouse can use this information to further enhance their licensing position with their competitors.
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 technical evaluation justifications 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 for developing the enclosed improved core thermal performance methodology.
Further the deponent sayeth not.
PG&E Letter DIL-04-001 Copyright Notice
Copyright Notice The documents transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copies for 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 not withstanding. With respect to the non-proprietary versions of these reports, the NRC is permitted to make the number of copies beyond these 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.
PG&E Letter DIL-04-001 Proprietary Information Notice
Proprietary Information Notice Transmitted herewith are proprietary and non-proprietary versions of documents furnished to the NRC. 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).