ML042160188
| ML042160188 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 07/30/2004 |
| From: | Thayer J Entergy Nuclear Northeast |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| BVY 04-074 | |
| Download: ML042160188 (6) | |
Text
Entergy Nuclear Northeast
_d Vermont Yankee W
P.O. Box 0500 185 Old Ferry Road
^C7 g
vBrattleboro, VT 05302-0500 Tel 802 257 5271 July 30, 2004 Docket No. 50-271 BVY 04-074 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
Subject:
Vermont Yankee Nuclear Power Station Technical Specification Proposed Change No. 263 - Supplement No. 10 Extended Power Uprate - Response to Request for Additional Information
Reference:
- 1) U.S. Nuclear Regulatory Commission (Richard B. Ennis) letter to Entergy Nuclear Operations, Inc. (Michael Kansler), 'Request for Additional Information - Extended Power Uprate, Vermont Yankee Nuclear Power Station (TAC No. MC0761), NVY 04-057, July 6, 2004 This letter provides a response to NRC's request of July 6, 2004 (Reference 1) for additional information (RAI) regarding the application by Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. (Entergy) for a license amendment to increase the maximum authorized power level of the Vermont Yankee Nuclear Power Station (VYNPS) from 1593 megawatts thermal (MWt) to 1912 MWt. At this time, Entergy is responding to seven of the nine individual RAls in NRC's letter of July 6, 2004. In addition to the responses to seven of the RAls in Reference 1, Entergy is also updating its response to a previous RAI, RLEP-C-5.
It is expected that responses to the RAls designated as SPSB-C-32 and 33 will be provided by August 13, 2004.
The subject RAls have been discussed during conference calls held between the staffs of the NRC and Entergy to further clarify the information needs of the NRC staff. In certain instances the RAls were modified based on clarifications and understandings reached during the telecons.
The information provided herein is consistent with those understandings. to this letter provides Entergy's response to each of the RAls. Because certain RAI responses contain proprietary information as defined by 10CFR2.390, Attachment 1 has been designated in its entirety as proprietary information. A non-proprietary version, suitable for public disclosure, is provided as Attachment 2 to this letter with the proprietary information redacted. An affidavit that constitutes a request for withholding of the proprietary information in from public disclosure in accordance with NRC regulations is provided by the owner of the proprietary information (General Electric Company (GE)) as Attachment 3. The proprietary information in Attachment 1 is designated by double underline within double square brackets. In each case, the superscript notation, " ", refers to paragraph (3) of the affidavit, which provides the basis for the proprietary determination. The proprietary information has
BVY 04-074 Docket No. 50-271 Page 2 of 3 been handled and classified as proprietary, customarily held in confidence, and withheld from public disclosure. The proprietary information contained in the responses to the RAls was provided to Entergy in a GE transmittal that is referenced by the affidavit. The proprietary information has been faithfully reproduced in the enclosed RAI responses such that the affidavit remains applicable. GE requests that the enclosed proprietary information be withheld from public disclosure in accordance with the provisions of 10CFR2.390 and 10CFR9.17.
There are no new regulatory commitments contained in the responses to the RAls.
This license amendment request supplement provides additional information to clarify Entergy's application for a license amendment and does not change the scope or conclusions in the original application, nor does it change Entergy's determination of no significant hazards consideration.
If you have any questions or require additional information, please contact Mr. James DeVincentis at (802) 258-4236.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on July -;°, 2004.
Sincerely, fiay.
ayer
( yice President ermont Yankee Nuclear Power Station Attachments (3) cc:
(see next page)
BVY 04-074 Docket No. 50-271 Page 3 of 3 cc:
Mr. Richard B. Ennis, Project Manager Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Mail Stop 0 8 B1 Washington, DC 20555 Mr. Samuel J. Collins Regional Administrator, Region 1 U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415 USNRC Resident Inspector Entergy Nuclear Vermont Yankee, LLC P.O. Box 157 Vernon, Vermont 05354 Mr. David O'Brien, Commissioner VT Department of Public Service 112 State Street - Drawer 20 Montpelier, Vermont 05620-2601
BVY 04-074 Docket No. 50-271 Vermont Yankee Nuclear Power Station Proposed Technical Specification Change No. 263 - Supplement No. 9 Extended Power Uprate Response to Request for Additional Information Affidavit - General Electric Company Total number of pages in Attachment 3 l (excluding this cover sheet) is 3.
l
General Electric Company AFFIDAVIT I, George B. Stramback, state as follows:
(1) I am Manager, Regulatory Services, General Electric Company ("GE") and have been delegated the function of reviewing the information described in paragraph (2) which is sought to be withheld, and have been authorized to apply for its withholding.
(2) The information sought to be withheld is contained in Attachment 2 to GE letter GE-VYNPS-AEP-353, Michael Dick (GE) to Craig Nichols (ENOI), VYNPS Extended Power Uprate - Response to NRC Request for Additional Information, Proprietary and Non-Proprietary Versions, dated July 29, 2004. The Attachment 2 proprietary information, GE Responses to NRC RAIs (SPSB-C-28 & 30), is delineated by a double underline inside double square brackets. In each case, the superscript notation 3 ) refers to Paragraph (3) of this affidavit, which provides the basis for the proprietary determination.
(3) In making this application for withholding of proprietary information of which it is the owner, GE relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC Sec. 552(b)(4), and the Trade Secrets Act, 18 USC Sec. 1905, and NRC regulations 10 CFR 9.17(a)(4), and 2.790(a)(4) for "trade secrets" (Exemption 4). The material for which exemption from disclosure is here sought also qualify under the narrower definition of "trade secret", within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Enerav Project v. Nuclear Regulatory Commission, 975F2d871 (DC Cir. 1992), and Public Citizen Health Research Group v. FDA, 704F2dl280 (DC Cir. 1983).
(4) Some examples of categories of information which fit into the definition of proprietary information are:
- a.
Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies;
- b.
Information which, if used 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 of a similar product;
- c.
Information which reveals aspects of past, present, or future General Electric customer-funded development plans and programs, resulting in potential products to General Electric;
- d.
Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
GBS-04-1 1 -AFGE-VYNPS-AEP-353.doc Affidavit Page I
The infornation sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs (4)a., and (4)b, above.
(5) To address 10 CFR 2.790 (b) (4), the information sought to be withheld is being submitted to NRC in confidence. The information is of a sort customiarily held in confidence by GE, and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by GE, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties including any required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence. Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in paragraphs (6) and (7) following.
(6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge. Access to such documents within GE is limited on a "need to know" basis.
(7) The procedure for approval of external release of such a document typically requires review by the staff manager, project manager, principal scientist or other equivalent authority, by the manager of the cognizant marketing function (or his delegate), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside GE are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.
(8) The information identified in paragraph (2), above, is classified as proprietary because it contains detailed information in support of NEDC-33090P, Safety Analysis Report for Vermont Yankee Nuclear Power Station Constant Pressure Power Uprate, Class III (GE Proprietary Information), Revision 0, dated September 2003, which was submitted to the NRC. This power uprate report contains detailed results and conclusions from evaluations of the safety-significant changes necessary to demonstrate the regulatory acceptability for the power uprate of a GE BWR, utilizing analytical models, methods and processes, including computer codes, which GE has developed, obtained NRC approval of and applied to perform evaluations of the transient and accident events in the GE Boiling Water Reactor
("BWR").
The development and approval of these system, component, and thermal hydraulic models and computer codes was achieved at a significant cost to GE, on the order of several million dollars.
The development of the evaluation process along with the interpretation and application of the analytical results is derived from the extensive experience database that constitutes a major GE asset.
(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GE's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of GE's comprehensive BWR safety and technology base, and its commercial value extends beyond the original development cost. The value of GBS-04-1 1-AFGE-VYNPS-AEP-353.doc Affidavit Page 2