ML050960517
| ML050960517 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 03/31/2005 |
| From: | Jefferson W Florida Power & Light Co |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| L-2005-012 | |
| Download: ML050960517 (11) | |
Text
Florida Power & Light Company, 6501 S. Ocean Drive, Jensen Beach, FL 34957 FPL March 31, 2005 FPL L-2005-012 10 CFR 50.90 U. S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555 RE:
St. Lucie Unit 2 Docket No. 50-389 Proposed License Amendment Request for Additional Information Response Define the Depth of the Required Tube Inspections and Clarify the Plugging Criteria Within the Tubesheet Region of the Original Steam Generators By letter L-2004-245 dated November 8, 2004, Florida Power & Light Company (FPL) requested to amend Facility Operating License NPF-1 6 for St. Lucie Unit 2. As proposed, the amendment revises Technical Specification (TS) Section 4.4.5.4 to modify the definitions of steam generator tube "Plugging Limit" and "Tube Inspection," as contained in the St. Lucie Unit 2 Technical Specification (TS) Items 4.4.5.4.a.6 and 4.4.5.4.a.8, respectively. The purpose of these modifications is to define the depth of the required tube inspections and to clarify the plugging criteria within the tubesheet region.
On December 16, 2004, the NRC issued a request for additional information (RAI) to allow the staff to complete their review of the FPL requested amendment. The RAI focused on the results of a joint industry program, WCAP-16208-P dated October 2004, Revision 0, NDE Inspection Length for CE Steam Generator Tubesheet Region Explosive Expansions, used as the technical basis for these changes. is a proprietary copy of the response document, Responses to NRC Requests for Additional Information on WCAP-1 6208-P, Revision 0, NDE Inspection Length for CE Steam Generator Tubesheet Region Explosive Expansions. is a nonproprietary copy of the response document.
Westinghouse Electric Company, LLC, has determined that portions of the information contained in Enclosure 1, Responses to NRC Requests for Additional Information on WCAP-1 6208-P, Revision 0, NDE Inspection Length for CE Steam Generator Tubesheet Region Explosive Expansions, are proprietary in nature. Therefore, it is requested that be withheld from public disclosure in accordance with the provisions of 10 CFR 2.390(a)(4). The Westinghouse reasons for the classification of this information as proprietary and the signed affidavit are included in Attachment 1. Correspondence with respect to the copyright or proprietary aspects of the items listed above or the supporting Enclosure I contains 2.390(a)(4) Proprietary Information an FPL Group company
St. Lucie Unit 2 Docket No. 50-389 L-2005-012 Page 2 Westinghouse affidavit should reference CAW-05-1953 and should be addressed to J. A.
Gresham, Manager, Regulatory Compliance and Plant Licensing, Westinghouse Electric Company LLC, P.O. Box 355, Pittsburgh, Pennsylvania 15230-0355.
In the response to NRC RAI # 30, FPL makes the following regulatory commitment and will supplement this application with the appropriate TS pages to incorporate this commitment.
FPL will provide information concerning indications found in the tubesheet region (including the expansion transition) after each inspection:
- 1. Number of total indications, location of each indication (e.g., TTS -1.0),
orientation (axial, circumferential, volumetric) of each indication, severity of each indication (e.g., near through-wall or not through-wall), and whether the indications initiated from the inside or outside diameter.
- 2. The cumulative number of indications detected in the tubesheet region as a function of elevation within the tubesheet (e.g., 12 indications at expansion transition (TTS), 6 indications within 1 inch of TTS, 3 indications from 1 inch to 2 inches below the TTS, etc.).
The information requested will be included with the report required by NEI 97-06, Steam Generator Program Guidelines, Revision 1, Section 3.1.7 following each inspection and within 120 days after the reactor coolant system (RCS) reenters MODE 4. This additional information will be provided for the period of time that the requested license amendment is in effect (i.e., until the original steam generators are replaced). The NE) report is required if the results of the steam generator inspection indicate greater than 1% of the inspected tubes in any steam generator exceed the repair criteria.
In the event that the NEI report is not required due to more favorable inspection results, the requested information will be provided in a separate special report within 120 days after the RCS reenters MODE 4.
The no significant hazard analysis submitted with FPL letter L-2004-245 remains bounding.
In accordance with 10 CFR 50.91 (b)(1), a copy of the proposed amendment is being forwarded to the State Designee for the State of Florida.
Based on discussions with the NRC project manager for St. Lucie, the requested approval of the proposed license amendment may continue on a routine basis and is no longer requested on an expedited basis. Please issue the amendment to be effective on the date of issuance and to be implemented within 60 days of receipt by FPL. The existing St.
Lucie Unit 2 steam generators are scheduled for replacement in the fall 2007 refueling outage (SL2-17). Accordingly this Technical Specification change is requested for no more than two operating cycles (SL2-15 and SL2-16) (i.e., until the original steam generators are contains 2.390(a)(4) Proprietary Information
St. Lucie Unit 2 Docket No. 50-389 L-2005-012 Page 3 replaced). Please contact George Madden at 772-467-7155 if there are any questions about this submittal.
William J ffe&
Vice President St. Lucie Plant WJ/GRM Attachments cc:
Mr. William A. Passetti, Florida Department of Health Enclosure I contains 2.390(a)(4) Proprietary Information
St. Lucie Unit 2 Docket No. 50-389 L-2005-012 Page 4 STATE OF FLORIDA
)
)
ss.
COUNTY OF ST. LUCIE
)
William Jefferson, Jr. being first duly swom, deposes and says:
That he is Vice President, St. Lucie Plant, for the Nuclear Division of Florida Power & Light Company, the Licensee herein; That he has executed the foregoing document; that the statements made in this document are true and correct to the best of his knowledge, information, and belief, and that he is authorized to execute the document on behalf of said Licensee.
STATE OF FLORIDA COUNTY OF ST LUCIE Sworn to and subscribed before me this 3.
dayof..1 (Mh
,2005 by William Jefferson, Jr., who is personally known to me.
Name of Notary P
- State of Florida 7
Leslie 1 Whitwel
,:EgMY COMMISSION#
DD020212 EXRS May 1Z 2005 BONDED THOU TROY FAN INSURANC PNC (Print, type or stamp Commissioned Name of Notary Public)
Enclosure I contains 2.390(a)(4) Proprietary Information
St. Lucie Unit 2 Docket No. 50-389 L-2005-012 Attachment 1 Page 1 ATTACHMENT I The Westinghouse reasons for the classification of this Information as proprietary and the signed affidavit.
Westinghouse Electric Company, LLC, has determined that the Information contained In Enclosure I is proprietary In nature.
It Is requested that Enclosure I be withheld from public disclosure In accordance with the provisions of 10 CFR 2.390(a)(4).
(7 Pages)
Enclosure I contains 2.390(a)(4) Proprietary Information
St. Lucie Unit 2 Docket No. 50-389 L-2005-012 Attachment 1 Page 2 CAW-05-1953 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared J. A. Gresham, 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 (Westinghouse), and that the avernents of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Sworn to and subscribed before ne dthis4;.
ay of
,2005 Notary Public Nata Sa Saw L Raol, NotsyPkk MyCarssnE sJuy2a.2 007 br,.P ca A1S1N SN Enclosure I contains 2.390(a)(4) Proprietary Information
St. Lucie Unit 2 Docket No. 50-389 L-2005-012 Attachment 1 Page 3 2
CAWV-05-1953 (1)
I am Manager, Regulatory Compliance and Plant Licensing, in Nuclear Services, Westinghouse Electric Company LLC (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 rule making proceedings, and am authorized to apply for its withholding on behalf of Westinghouse.
(2) 1 am making this Affidavit in conformance with the provisions of 10 CFR Section 2.390 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 Westinghouse in designating information as a trade secret, privileged or as confidential commercial or financial information.
(4)
Pursuant to the provisions of paragraph (bX4) of Section 2.390 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 onnection, 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.
Enclosure I contains 2.390(a)(4) Proprietary Information
St. Lucie Unit 2 Docket No. 50-389 L-2005-012 Attachment 1 Page 4 3
CAW-05-1953 (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.
(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 that 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.
Enclosure I contains 2.390(a)(4) Proprietary Information
St. Lucie Unit 2 Docket No. 50-389 L-2005-012 Attachment 1 Page 5 4
CAW-05-1953 (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 2.390, 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.
(v)
The proprietary information sought to be withheld in this submittal is that which is appropriately marked in "Revision I to Responses to NRC Requests for Additional Information on WCAP-1 6208-P, Rev. 0, 'NDE Inspection Length for CE Steam Generator Tubeshect Region Explosive Expansions,' dated February 2005" (Proprietary), being transmitted by the Florida Power & Light Company letter and Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Drsk. The proprietary information as submitted for use by Westinghouse for St. Lucie Unit 2 enables Westinghouse to support utilities with NSSS plants in the identification and application of a steam generator tubesheet inspection model, and in particular, to the application of the model to determining the tubesheet inspection length appropriate to the St Lucie Unit 2 steam generators, including:
(a) The identification of important factors relevant to the determination of the recommended steam generator tubesheet inspection length, and (b) Development of a generic methodology for the applicability of the inspection length model to utilities with NSSS plants.
Further this information has substantial commercial value as follows:
Enclosure I contains 2.390(a)(4) Proprietary Information
St. Lucie Unit 2 Docket No. 50-389 L-2005-012 Attachment 1 Page 6 5
CAW-05-1953 (a)
Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for licensing documentation.
(b)
Westinghouse can sell support and defense of the inspection model.
(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 inspection models 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 sun of money.
In order for competitors of Westinghouse to duplicate this informations similar technical programs would have to be perfonned and a significant manpower effiort, having the requisite talent and experience, would have to be expended.
Further the deponent sayeth not. contains 2.390(a)(4) Proprietary Information
St. Lucie Unit 2 Docket No. 50-389 L-2005-012 Attachment 1 Page 7 PROPRIETARY INFORMATION NOTICE Transmitted herewith are proprietary and/or non-proprietary versions of documents furnished to the NRC in connection with requests for generic and/or plant-specific review and approval.
In order to conform to the requirements of 10 CFR 2.390 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). Thejustification 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 die margin opposite such information. These lower case letters refer to the types of information Westinghouse customarily holds in confidence identified in Sections (4XiiXa) through (4XiiXf) of the affidavit accompanying this transmittal pursuant to 10 CFR 2390(bXl).
COPYRIGHT NOTICE The reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copies of 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 he issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 2.390.egarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection notwithstanding. With respect to the non-proprietary versions of these reports, the NRC is permitted to make the number of copies beyond those necessary for its internal use which ae 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.
Enclosure I contains 2.390(a)(4) Proprietary Information