ML053480388
| ML053480388 | |
| Person / Time | |
|---|---|
| Site: | Ginna  |
| Issue date: | 12/06/2005 |
| From: | Korsnick M Constellation Energy Group |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| TAC MC7382 | |
| Download: ML053480388 (12) | |
Text
Maria Korsnick R.E. Ginna Nuclear Power Plant, LLC Site Vice President 1503 Lake Road Ontario, New York 14519-9364 585.771.3494 585.771.3943 Fax maria.korsnick@constellation.com Constellation Energy
_ Generation Group December 6,2005 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 ATTENTION: Document Control Desk
SUBJECT:
R.E. Ginna Nuclear Power Plant Docket No. 50-244 Response to Requests for Additional Information Regarding Topics Described by Letter Dated October 25. 2005 By letter dated July 7, 2005, as supplemented by letters dated August 15 and September 30, 2005, R.E. Ginna Nuclear Power Plant, LLC (the licensee) submitted an application requesting authorization to increase the maximum steady-state thermal power level at the R.E. Ginna Nuclear Power Plant from 1520 megawatts thermal (MWt) to 1775 MWt. To complete its review, by letter dated October 25, 2005, (TAC NO. MC7382), the Nuclear Regulatory Commission (NRC) staff requested additional information.
Please note that the some information contained within this submittal is considered Proprietary to our design vendor Westinghouse. Accordingly,- two versions of our response for additional information (RAI) have been prepared.
Attachment I contains the "Application for Withholding Proprietary Information from Public Disclosure". As Attachment 2 contains information proprietary to Westinghouse Electric Company LLO, it is supported by an affidavit signed by Westinghouse, the owner of the information. The affidavit sets forth the basis on which the information may be withheld from public disclosure by the ommission and addresses with specificity the considerations listed in paragraph (b) (4)of Se ion .390 of the Commission's' regulations. Accordingly, it is respectfully requested Uat the information which is proprietary to Westinghouse be withheld from public disclosure ir accordance with10 CFR Section 2.390 of the Commission's regulations. Co respondnce with respect to the copyright or proprietary aspects of the items listed above or the supp~iting Westinghouse affidavit should reference CAW-05-2076 and should be addressed to B.F. Maurer, Acting Manager, Regulatory Compliance and Plant Licensing, Westinghouse Electric Company LLC, P.O. Box 355, Pittsburgh, Pennsylvania 15230-0355.
Attachment 2 contains a proprietary version of the NRC's questions and Ginna's response.
Attachment 3 contains a non-proprietary version of the NRC's questions and Ginna's response. e I ioovD '-FJ is a replacement for section 2.7.1 of our original submittal. This section is being included based on the observation the NRC made that information contained in section 2.5.1.4 was duplicated in the original submittal in section 2.7.1. Discussion involving this duplication is contained within the enclosed RAI response.
The responses do not include any new regulatory commitments.
If you have any questions, please contact George Wrobel at (585) 771-3535 or george.wrobel @constellation.com.
Very truly yours, Mary G. Korsnick STATE OF NEW YORK :
- TO WIT:
COUNTY OF WAYNE I, Mary G. Korsnick, being duly swom, state that I am Vice President - R.E. Ginna Nuclear Power Plant, LLC (Ginna LLC), and that I am duly authorized to execute and file this response on behalf of Ginna LLC. To the best of my knowledge and belief, the statements contained in this document are true and correct. To the extent that these statements are not based on my personal knowledge, they are based upon information provided by other Ginna LLC employees and/or consultants. Such information has been reviewed in accordance with company practice and I believe it to be reliable.
Subscribed and sworn before me, a Notary Publiqin and for thqState of New York and County of rOf lO e , this (& day of CLC MOV , 2005.
WITNESS rmy Hand and Notarial Seal: LN hLNotary Public 7 My Commission Expires: No" HO $e ofMNLLw ERor RsFWIn No. 01M1e7755 f EqsDW21,20-i-O Attachments
Cc: S. J. Collins, NRC P. D. Milano, NRC Resident Inspector, NRC Mr. Peter R. Smith New York State Energy, Research, and Development Authority 17 Columbia Circle Albany, NY 12203-6399 Mr. Paul Eddy NYS Department of Public Service 3 Empire State Plaza, 10th Floor Albany, NY 12223-1350
Attachment 1 Application for withholding Proprietary Information Page 1
S Westinghouse Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355 USA U.S. Nuclear Regulatory Commission Direct tel: (412) 374-4419 Document Control Desk Direct fax: (412) 374-4011 Washington, DC 20555-0001 e-mail: maurerbf@westinghouse.com Our ref: CAW-05-2076 December 5, 2005 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
"Responses to NRC Requests for Additional Information (RAIs) RE: Extended Power Uprate License Amendment (TAC No. MC7382) Transmitted by Letter dated October 25, 2005 from Milano (NRC) to Korsnick (Ginna)"
The proprietary information for which withholding is being requested in the above-referenced report is further identified in Affidavit CAW-05-2076 signed by the owner of the proprietary information, Westinghouse Electric Company LLC. 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 2.390 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by Ginna Nuclear Power Plant, LLC.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-05-2076, and should be addressed to B. F. Maurer, Acting Manager, Regulatory Compliance and Plant Licensing, Westinghouse Electric Company LLC, P.O. Box 355, Pittsburgh, Pennsylvania 15230-0355.
Very truly yours, B. F. Maurer, Acting Manager Regulatory Compliance and Plant Licensing Enclosures cc: B. Benney L. Feizollahi
CAW-05-2076 bcc: B. F. Maurer (ECE 4-7A) IL R. Bastien, IL (Nivelles, Belgium)
C. Brihkman, IL (Westinghouse Electric Co., 12300 Twinbrook Parkway, Suite 330, Rockville, MD 20852)
RCPL Administrative Aide (ECE 4-7A) iL, IA (letter and affidavit only)
CAW-05-2076 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
Ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared B. F. Maurer, 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 averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
B. F. Maurer, Acting Manager Regulatory Compliance and Plant Licensing Sworn to and subscribed before me this..3 day of . 2005 Notary Public Notadal Seal Sham L Flal, Notary Public Monmeville EBol AJlegheny County My C*mmitsJon ExBires January 29, 2007 Member. Pennsylvania Association Of Notaries
2 CAW-05-2076 (1) I am Acting 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) I 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 (b)(4) 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 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
3 CAW-05-2076 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.
(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 ey our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.
4 CAW-05-2076 (d) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valnable 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 2.390, 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 "Responses to NRC Requests for Additional Information (RAIs) RE:
Extended Power Uprate License Amendment (TAC No. MC7382) Transmitted by Letter dated October 25, 2005 from Milano (NRC) to Korsnick (Ginna)," being transmitted by the Ginna Nuclear Power Plant, LLC letter and Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk. The proprietary information as submitted by Westinghouse for the Ginna Station Extended Power Uprate is expected to be applicable for other licensee submittals in response to certain NRC requirements for justification of power plant uprating.
This information is part of that which will enable Westinghouse to:
(a) Provide information in support of plant power uprate licensing submittals.
5 CAW-05-2076 (b) Provide plant specific calculations.
(c) Provide licensing documentation support for customer submittals.
Further, this information has substantial commercial value as follows:
(a) Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for licensing documentation associated with power uprate licensing submittals.
(b) Westinghouse can sell support and defense of the technology to its customers in the licensing process.
(c) The information requested to be withheld reveals specific 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 calculations, evaluations, analysis, 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.
Further the deponent sayeth not.
1 CAW-05-2076 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). 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 2.390(b)(1).
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 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 2.390 regarding 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 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.