ML050810193
| ML050810193 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 03/18/2005 |
| From: | Braun R, Harding M Exelon Nuclear |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| Download: ML050810193 (6) | |
Text
Cxelon Nuclear Telephone 717 456 7014 Pcnch Botlom Alomii Power Staiion w w w exeioncorp corn 1848 Lay Road Della IPA 17314 9032 March 18, 2005 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Peach Bottom Atomic Power Station, Unit 3 Renewed Facility Operating License No. DPR-56 NRC Docket No. 50-278
Subject:
Incorporation of Lead Use Assemblies
Reference:
Letter from R. E. Engel (General Electric) to T. A. lppolito (U.S. Nuclear Regulatory Commission), Lead Test Assembly Licensing, dated August 24, 1981 The purpose of this letter is to inform you that Exelon Generation Company, LLC (Exelon) will be inserting four (4) Lead Use Assemblies (LUAs) into the Peach Bottom Atomic Power Station, Unit 3 core during the upcoming Refueling Outage 15 scheduled to begin in Fall, 2005. As requested in the Referenced letter, Attachment 1 (GNF2 Lead Use Assembly (LUA) for Peach Bottom Atomic Power Station, Unit 3, NEDC-33144P, Revision 1, January 2005) includes a description of the GNF2 LUAs, a discussion of the applicability of approved methods to the licensing analyses, a description of the objectives of the LUA program, and an outline of the types of measurements planned for the LUAs.
As discussed in the Attachment 1 report, the analysis of the LUAs is performed using NRC approved methodology. The results obtained from the LUA program will be summarized annually in GNFs fuel experience report in addition to any special reports that might be issued.
Information contained in Attachment 1 to this letter is considered proprietary to Global Nuclear Fuel. Global Nuclear Fuel requests that the document be withheld from public disclosure in accordance with 10 CFR 9.17(a)(4) and 2.390(a)(4). An affidavit
Incorporation of Lead Use Assemblies March 18,2005 Page 2 supporting this request is also contained in Attachment 1. Attachment 2 contains a non-proprietary version of the Global Nuclear Fuel document.
If you should have questions concerning this submittal, please contact Mr. Tom Loomis at (610) 765-5510.
RespectfuIly, R. C. Braun Site Vice President Peach Bottom Atomic Power Station :- GNF2 Lead Use Assembly (LUA) for Peach Bottom Atomic Power Station, Unit 3, NEDC-33144P, Revision 1, January 2005 (Proprietary Version) - GNF2 Lead Use Assembly (LUA) for Peach Bottom Atomic Power Station, Unit 3, NEDC-33144, Revision I , February 2005 (Non-Proprietary Version) cc: S. J. Collins, Administrator, Region I, USNRC F. L. Bower, USNRC Senior Resident Inspector, PBAPS G. Wunder, Senior Project Manager, USNRC R. R. Janati, Commonwealth of Pennsylvania
ATTACHMENT 1 GNF2 Lead Use Assembly (LUA) for Peach Bottom Atomic Power Station, Unit 3, NEDC-33144P1Revision 1 , January 2005 Affidavit and Proprietary Version
A ffidavif Affidavit I, Margaret E. Harding, state as follows:
(1) I am Manager, Fuel Engineering Services, Global Nuclear Fuel - Americas, L.L.C. (GNF-A) 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 the attachment, NEDC-33144P. This document is considered proprietary in its entirety as per 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 or licensee, GNF-A 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 2.390(a)(4) for trade secrets and commercial or financial information obtained from a person and privileged or confidential (Exemption 4). The material for which exemption from disclosure is here sought is all confidential commercial information, and some portions 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 Energy Project v. Nuclear Regulatory Commission, 975F2d871 (DC Cir. 1992), and Public Citizen Health Research Group v. FDA, 704F2d1280 (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 GNF-As competitors without license from GNF-A 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 cost or price information, production capacities, budget levels, or Commercial strategies of GNF-A, its customers, or its suppliers;
- d. Information which reveals aspects of past, present, or future GNF-A customer-funded development plans and programs, of potential commercial value to GNF-A;
- e. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
The information 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 the 10 CFR 2.390 (b) (4), the infomation sought to be withheld is being submitted to NRC in confidence. The information is of a sort customarily held in confidence by GNF-A, and is in fact so held. Its initial designation as proprietary infomation, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in (6) and (7) following. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by GNF-A, 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.
(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, or subject to the terms under which it was licensed to GNF-A. Access to such documents within GNF-A 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 GNF-A 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) is classified as proprietary because it contains details of GNF-As fuel design and licensing methodology.
The development of the methods used in these analyses, along with the testing, development and approval of the supporting methodology was achieved at a significant cost, on the order of several million dollars, to GNF-A or its licensor.
(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GNF-As competitive position and foreclose or reduce the availability of profit-making opportunities. The fuel design and licensing methodology is part of GNF-As comprehensive BWR safety and technology base, and its commercial value extends beyond the original development cost.
The value of the technology base goes beyond the extensive physical database and analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation process. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods.
The research, development, engineering, analytical, and NRC review costs comprise a substantial investment of time and money by GNF-A or its licensor.
The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substanti a1.
Affidavit GNF-As competitive advantage will be lost if its competitors are able to use the results of the GNF-A experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.
The value of this information to GNF-A would be lost if the infomation were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive GNF-A of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing and obtaining these very valuable analytical tools.
I declare under penalty of perjury that the foregoing affidavit and the matters stated therein are true and correct to the best of my knowledge, information, and belief.
Executed at Wilmington, North Carolina, this 22nd day of February, 2005.
3 Global Nuclear Fuel - Americas, LLC