ML080320308
| ML080320308 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 01/31/2008 |
| From: | Gerald Bichof Dominion, Dominion Nuclear Connecticut |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| 07-0834I, CAW-08-2375, EMCB-07-0070 | |
| Download: ML080320308 (11) | |
Text
Dominion Nuclear Connecticut, Inc.
~OO(l Dominion Boulevard, Glen Allen, Virginia 1.',060 Wei, Address: www.dom.com January 31, 2008 U. S. Nuclear Regulatory Commission Attention: Document Control Desk One White Flint North 11555 Rockville Pike Rockville, MD 20852-2378 Serial No.:
NLOS/MAE:
Docket No.:
License No.:
07-08341 RO 50-423 NPF-49 DOMINION NUCLEAR CONNECTICUT, INC.
MILLSTONE POWER STATION UNIT 3 RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION REGARDING STRETCH POWER UPRATE LICENSE AMENDMENT REQUEST RESPONSE TO QUESTION EMCB-07-0070 Dominion Nuclear Connecticut, Inc. (DNC) submitted a stretch power uprate license amendment request (LAR) for Millstone Power Station Unit 3 (MPS3) in letters dated July 13, 2007 (Serial Nos. 07-0450 and 07-0450A), and supplemented the submittal by letters dated September 12, 2007 (Serial No. 07-0450B) and December 13, 2007 (Serial No. 07-0450C).
The NRC staff forwarded requests for additional information (RAls) in October 29, 2007, November 26, 2007, December 14, 2007 and December 20, 2007 letters. DNC responded to the RAls in letters dated November 19, 2007 (Serial No. 07-0751), December 17, 2007 (Serial No. 07-0799), January 10, 2008 (Serial Nos. 07-0834, 07-0834A, 07-0834C, and 07-0834F), January 11, 2008 (Serial Nos. 07-0834B, 07-0834E, 07-0834G, and 07-0834H), January 14, 2008 (Serial No. 07-0834D) and January 18, 2008 (Serial Nos. 07-0846, 07-0846A, 07-0846B, 07-0846C, 07-0846D).
One of the DNC supplemental letters dated January 11, 2008 (Serial No. 07-0834H),
contained information that Westinghouse Electric Company LLC (Westinghouse) considered proprietary.
The proprietary information was provided in Attachment 1 to that letter and Attachment 2 provided the redacted, non-proprietary version of the requested information. Westinghouse had requested that the NRC treat the information in Attachment 1 to DNC's January 11, 2008 letter as proprietary to Westinghouse and accordingly, that this information be withheld from public disclosure based on the reasons stated in, and as covered by the affidavit previously submitted in Attachment 6 to DNC's July 13, 2007 letter (Serial No. 07-0450).
Based on subsequent conversations with Mr. John G. Lamb of the NRC, the NRC has requested a separate affidavit that addresses the specific withholding of the response to question EMCB-07-0070, which is the NRC question associated with Attachment 1 to DNC letter dated January 11, 2008 (Serial No. 07-0834H).
Therefore, an affidavit is provided as an attachment to this letter that is signed by Westinghouse, the owner of the information.
This affidavit sets forth the basis on which the information may be withheld from public disclosure by the NRC and addresses with specificity the considerations listed in 10 CFR 2.390(b)(4).
Accordingly, it is respectfully requested that the information which is proprietary to Westinghouse in the DNC letter of January 11, 2008, be withheld from public disclosure in accordance with 10 CFR 2.390(a)(4).
Serial No. 07-08341 Docket No. 50-423 SPU RAI Question EMCB-07-0070 Page 2 Correspondence with respect to the copyright or proprietary aspects of the items listed above or the supporting Westinghouse Affidavit should reference Westinghouse letter CAW-08-2375, dated January 24,2008 and should be addressed to Mr. J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing, Westinghouse Electric Company LLC, P.O. Box 355, Pittsburgh, Pennsylvania 15230-0355.
The information provided by this letter does not affect the conclusions of the significant hazards consideration discussion in the December 13, 2007 ONC letter (Serial No. 07-0450C).
Should you have any questions in regard to this submittal, please contact Ms. Margaret Earle at 804-273-2768.
Sincerely,
~tf1:~;((
Vice President - Nuclear Engineering COMMONWEALTH OF VIRGINIA COUNTY OF HENRICO The foregoing document was acknowledged before me, in and for the County and Commonwealth aforesaid, today by Gerald T. Bischof, who is Vice President - Nuclear Engineering of Dominion Nuclear Connecticut, Inc.
He has affirmed before me that he is duly authorized to execute and file the foregoing document in behalf of that Company, and that the statements in the document are true to the best of his knowledge and belief.
Acknowledged before me this 3/
5 day of~a4t'4-' 2008.
My Commission Expires:
~;t a~ ~ t1t18 ikM~6.;J~
Notary Public MARGARET B. BENNETT Notary Public :3St.J3CJ;),
Commonwealth of Virginia My Commillion Expire. Aug 31. 2008
Commitments made in this letter: None Attachment cc:
U.S. Nuclear Regulatory Commission Region I Regional Administrator 475 Allendale Road King of Prussia, PA 19406-1415 Mr. J. G. Lamb U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Mail Stop 0-8B1A Rockville, MD 20852-2738 Ms. C. J. Sanders Project Manager U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Mail Stop 0-8B3 Rockville, MD 20852-2738 NRC Senior Resident Inspector Millstone Power Station Director Bureau of Air Management Monitoring and Radiation Division Department of Environmental Protection 79 Elm Street Hartford, CT 06106-5127 Serial No. 07-08341 Docket No. 50-423 SPU RAI Question EMCB-07-0070 Page 3
Serial No. 07-08341 Docket No. 50-423 SPU RAI Question EMCB-07-0070 ATTACHMENT LICENSE AMENDMENT REQUEST STRETCH POWER UPRATE LICENSE AMENDMENT REQUEST WESTINGHOUSE APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FOR THE RESPONSE TO QUESTION EMCB-07-0070 MILLSTONE POWER STATION UNIT 3 DOMINION NUCLEAR CONNECTICUT, INC.
Westinghouse u.s. Nuclear Regulatory Commission Document Control Desk Washington, DC 20555-0001 Westinghouse Electric Company Nudear Services p.o. Box 355 Pittsburgh, Pennsylvania 15230-0355 USA Direettel: (412) 374-4643 Direct fax:
(4]2) 374-401 1 e-mail: greshaja@westinghouse.com Our ref: CAW-08-2375 LTR-RlDA-08-I3 P-Attachment January 24, 2008 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
"Response to NRC Request for Additional Jnfonnation on EMCB-07-0070" (Proprietary)
The proprietary infonnation for which withholding is being requested in the above-referenced report is further identified in Affidavit CAW-08-2375 signed by the owner ofthe 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 ofthe Commission's regulations.
Accordingly, this letter authorizes the utilization ofthe accompanying affidavit by Dominion Nuclear Connecticut.
Correspondence with respect to the proprietary aspects ofthe application for withholding or the Westinghouse affidavit should reference this letter, CAW-08-2375 and should he addressed to J. A.
Gresham, Manager, Regulatory Compliance and Plant Licensing, Westinghouse Electric Company LLC, P.O. Box 355, Pittsburgh, Pennsylvania 15230-0355.
Very truly yours, j~-iIN--
,/:. A. Gresham, Manager
, Regulatory Compliance and Plant Licensing Jon Thompson (NRC 0-7E1A)
Enclosures
CAW-08-2375 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared J. A. Gresham, who, being by me duly swom according to law, deposes and says that he is authorized to execute this Affidavit on behalfof Westinghouse Electric Company LLC (Westinghouse), and that the averments offact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
IJ. A. Gresham, Manager Regulatory Compliance and Plant Licensing Swom to and subscribed before me this 24th day ofJanuary, 2008
~~
/
Notary Public OOMMONWEALTH OF peNNSYlVANIA NotariaJ 8eaJ Sharon L. Markle, Notaly Public MonroeviUa Boro, Allegheny Col.V1ty My Commission Expires Jan. 29, 2011 Member, Pennsylvania Association of Notaries
2 CAW-08-2375 (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 ofreviewing the proprietary infonnation 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 behalfof Westinghouse.
(2)
I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.390 ofthe Commission's regulations and in conjunction with the Westinghouse "Application for Withholding" accompanying this Affidavit.
(3)
I have personal knowledge ofthe criteria and procedures utilized by Westinghouse in designating infonnation as a trade secret, privileged or as confidential commercial or financial information.
(4)
Pursuantto the provisions of paragraph (b)(4) of Section 2.390 ofthe 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 ofa type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining the types ofinformation customarily held in confidence by it and, in that connection, utilizes a system to detennine when and whether to hold certain types of information in confidence.
The application ofthat system and the substance ofthat 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 ofwhich might result in the loss ofan existing or potential competitive advantage, as follows:
(a)
The information reveals the distinguishing aspects ofa process (or component, structure, tool, method, etc.) where prevention ofits use by any of Westinghouse's
3 CAW-08-2375 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 ofwhich data secures a competitive economic advantage, e.g., by optimization or improved marketability.
(c)
Its use by a competitor would reduce his expenditure ofresources 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.
(t)
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.
4 CAW-08-2375 (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, anyone component may be the key to the entire puzzle, thereby depriving Westinghouse ofa 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 ofthose 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 ofour knowledge and belief.
(v)
The proprietary information sought to be withheld in this submittal is that which is appropriately marked in, "Response to NRC Request for Additional Information on EMCB-07-0070" (Proprietary) for submittal to the Commission, being transmitted by Dominion Nuclear Connecticut letter and Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk. The proprietary information as submitted by Westinghouse is that associated with Dominion Nuclear Connecticut's request for NRC approval ofthe Millstone Unit 3 Stretch Power Uprating and may be used only for that purpose.
This information is part ofthat which will enable Westinghouse to:
(a) Obtain NRC approval ofStretch Power Uprating (SPU).
(b) Respond to NRC Request for Additional Information in support ofthe SPU.
5 Further this information has substantial commercial value as follows:
CAW-08-2375 (a) Westinghouse plans to sell the use ofthis information to its customers for purposes of licensing upratings.
(b) Westinghouse can sell support and defense ofthe use ofthis modal for licensing purposes.
(c) The information requested to be withheld reveals the distinguishing aspects of a methodology which was developed by Westinghouse.
Public disclosure ofthis proprietary information is likely to cause substantial hann to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar calculations 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 ofthe technology described in part by the information is the result of applying the results ofmany years ofexperience in an intensive Westinghouse effort and the expenditure ofa considerable sum ofmoney.
In order for competitors ofWestinghouse 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.
Proprietary Information Notice Transmitted herewith are proprietary and/or non-proprietary versions ofdocuments 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 ofthe 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 ofinfurmation Westinghouse customarily holds in confidence identified in Sections (4XiiXa) through (4Xii)(f) ofthe 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 ofcopies ofthe 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 ofa 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 ofcopies 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 ofcopies submitted is insufficient for this purpose. Copies made by the NRC must include the copyright notice in all instances and the proprietary notice ifthe original was identified as proprietary.