ML040860262
| ML040860262 | |
| Person / Time | |
|---|---|
| Site: | Hope Creek  |
| Issue date: | 03/23/2004 |
| From: | Eaton W Electric Power Research Institute, Entergy Nuclear Operations |
| To: | Meena Khanna Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| 2004-096 TWE-PSE-001-R-001, Rev 0 | |
| Download: ML040860262 (5) | |
Text
EL EC TR IF Y T HE W OR L D BW RV I P BWR Vessel & Internals Project 2004-096 March 23, 2004 Document Control Desk U. S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 Attention:
Subject:
Hope Creek Flux Wire Dosimeter Activation Evaluation for Cycle 1 Using the RAMA Fluence Methodology
Reference:
Letter from Herbert N. Berkow (NRC) to Bill Eaton (B WRRVIP Chairman),
"Implementation of a Revised Review Process for Topical Reports," dated January 30, 2004.
Enclosed are ten (10) copies of a report entitled "Hope Creek Flux Wire Dosimeter Activation Evaluation for Cycle 1," TransWare Enterprises Inc. report TWE-PSE-001-R-001, Revision 0.
This report is being transmitted to the NRC as a means of exchanging information with the NRC for the purpose of supporting generic regulatory improvements related to methodologies to determine neutron fluence in BWR internal components.
The dosimeter activation evaluation documented in the enclosed report was performed using the BWRVIP RAMA Fluence Methodology as part of a cooperative benchmarking effort between PSEG, EPRI and the BWRVIP. The RAMA Fluence Methodology is described in several BWRVIP reports submitted to the NRC including BWRVIP-1 14, BWRRVIP-1 15, BWRVIP-1 17 and BWRVLP-121.
In accordance with the revised review process for topical reports described in the NRC letter referenced above, the BWRVIP requests that the NRC review of the enclosed report be completed by June 15, 2004. This completion date is required to support utility plans to submit fluence calculations utilizing the RAMA Fluence Methodology to support utility licensing actions. It is our understanding that initial NRC reviews of all previously submitted RAMA reports has been completed.
Please note that the enclosed report contains proprietary information. A letter requesting that the report be withheld from public disclosure and an affidavit describing the basis for withholding this information are provided as Attachment 1.
CORPORATE HEAOOUARTERS 3412 HilIview Avenue I Palo Alto CA 94304-1395 USA l 650.855.2000 l Customer Service 800.313.3774 l www.epri.com
If you have any questions on this subject, please contact George Inch (Constellation Energy Group, BWRVIP Assessment Committee Technical Chairman) by telephone at 315.349.2441.
Sincerely, William A. Eaton Entergy Operations Chairman, BWR Vessel and Internals Project c:
Lambros Lois, NRC E L E C T R I F Y T H E W O R L D March 22, 2004 Document Control Desk U.S. Nuclear Regulatory Commission 11555 Rockville Pike Washington DC, 20555
Subject:
"Hope Creek Flux Wire Dosimeter Activation Evaluation for Cycle I Using the RAMA Fluence Methodology," TransWare Enterprises Inc. Report TWE-PSE-001-R-001, Revision 0.
Gentlemen:
This is a request under I0CFR2.790(a)(4) that the NRC withhold from public disclosure the information identified in the enclosed affidavit consisting of EPRI owned Proprietary Information identified above (the "Report"). Copies of the Report and the affidavit in support of this request are enclosed.
EPRI desires to disclose the Report in confidence to the NRC as a means of exchanging information in support of generic regulatory improvements relating to methodologies to determine neutron fluence in BWR internal components. Further, EPRI welcomes any discussion with the NRC regarding the Report that the NRC desires to conduct.
The Report is for the NRC's internal use and may be used only for the purposes for which it is disclosed by EPRI. The report should not be otherwise used or disclosed to any person outside the NRC without prior written permission from EPRI.
If you have any questions about the legal aspects of this request for withholding, please do not hesitate to contact me at (704) 547-6173. Questions on the contents of the Report should be directed to Mr. Tom Mulford of EPRI at (650) 855-2766.
Sincerely, David J. Modeen Vice President & Chief Nuclear Officer Enclosures c:
Nichole Edraos, EPRI CORPORATE HEADOUARTERS 3412 HilIview Avenue I Palo Alto CA 94304-1395 USA l 650.855.2000 l Customer Service 800.313.3774 I www.epri.com
CaIl AFFIDAVIT RE:
"Hope Creek Flux Wire Dosimeter Activation Evaluation for Cycle 1," TransWare Enterprises Inc. Report TWE-PSE-001-R-001, Revision 0.
I, DAVID J. MODEEN, being duly sworn, depose and state as follows:
I am a Vice President at the Electric Power Research Institute ("EPRI") and I have been specifically delegated responsibility for the report listed above that is sought under this affidavit to be withheld (the "Report") and authorized to apply for their withholding on behalf of EPRI. This affidavit is submitted to the Nuclear Regulatory Commission ("NRC") pursuant to 10 CFR 2.790 (a)(4) based on the fact that the Report consists of trade secrets of EPRI and that the NRC will receive the Report from EPRI under privilege and in confidence.
The basis for withholding such Report from the public is set forth below:
(i) The Report has been held in confidence by EPRI, its owner. All those accepting copies of the Report must agree to preserve the confidentiality of the Report.
(ii) The Report is a type customarily held in confidence by EPRI and there is a rational basis therefor. The Report is a type, which EPRI considers as a trade secret(s) and is held in confidence by EPRI because to disclose it would prevent EPRI from licensing the Report at fees, which would allow EPRI to recover its investment. If consultants and/or other businesses providing services in the electric/nuclear power industry were able to publicly obtain the Report, they would be able to use it commercially for profit and avoid spending the large amount of money that EPRI was required to spend in preparation of the Report. The rational basis that EPRI has for classifying this/these Report(s) as a trade secrets is justified by the Uniform Trade Secrets Act, which California adopted in 1984 and which has been adopted by over twenty states. The Uniform Trade Secrets Act defines a "trade secret" as follows:
"Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
(iii) The Report will be transmitted to the NRC in confidence.
Bi2l (iv) The Report is not available in public sources. EPRI developed the Report only after making a determination that the Report was not available from public sources. It required a large expenditure of dollars for EPRI to develop the Report. In addition, EPRI was required to use a large amount of time of EPRI employees. The money spent, plus the value of EPRI's staff time in preparing the Report, show that the Report is highly valuable to EPRI. Finally, the Report was developed only after a long period of effort of at least several months.
(v) A public disclosure of the Report would be highly likely to cause substantial harm to EPRI's competitive position and the ability of EPRI to license the Report both domestically and internationally. The Report can only be acquired and/or duplicated by others using an equivalent investment of time and effort.
I have read the foregoing and the matters stated therein are true and correct to the best of my knowledge, information and belief. I make this affidavit under penalty of perjury under the laws of the United States of America and under the laws of the State of California.
Executed at 3412 Hillview Avenue, Palo Alto, being the premises and place of business of the Electric Power Research Institute:
March 22, 2004 David J. Modeen Subscribed and sworn before me this day:
March 22,2004 C
Eo2 g/45xg2<fi Nichole Alexandra Edraos, Notary Public NICHOlE ALEXANDRA EDRAOS
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