ML082310330
| ML082310330 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 08/14/2008 |
| From: | Gerald Bichof Dominion, Dominion Nuclear Connecticut |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| 08-0249A, CAW-08-2464 | |
| Download: ML082310330 (12) | |
Text
Dominion Nnclear Connecticut, Inc.
,O(H) Dominion Boulevard, Glen Allen, Virginia 2.\\060
\\Vch Address: www.dom.com August 14, 2008 U. S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, D. C. 20555 Serial No.:
NL&OS/GDM Docket No.:
License No.:
08-0249A RO 50-423 NPF-49 DOMINION NUCLEAR CONNECTICUT, INC.
MILLSTONE POWER STATION UNIT 3 PROPOSED LICENSE AMENDMENT REQUEST, INTERIM ALTERNATE REPAIR CRITERIA (IARC) FOR STEAM GENERATOR (SG) TUBE REPAIR CORRECTION OF WESTINGHOUSE AUTHORIZATION LETTER AND AFFIDAVIT By letter dated May 8, 2008 (Serial No. 08-0249), Dominion Nuclear Connecticut, Inc.
(DNC) requested an amendment in the form of changes to the Technical Specifications (TS) to Facility Operating License NPF-49 for Millstone Power Station Unit 3 (MPS3).
In Enclosure 5, Westinghouse Authorization Letter CAW-08-2419, "Application for Withholding Proprietary Information from Public Disclosure," referenced an incorrect date for Westinghouse document LTR-CDME-08-43 P-Attachment, "Response to NRC Request for Additional Information Relating to LTR-CDME-08-11 P-Attachment,"
(included in Enclosure 3 of the May 8, 2008 DNC letter).
Specifically, letter CAW 2419 identified the document date as March 3, 2008, whereas the actual date of LTR-CDME-08-43 P-Attachment was March 18, 2008.
Consequently, Westinghouse has provided DNC with Authorization Letter CAW 2464, "Application for Withholding Proprietary Information from Public Disclosure," and the associated affidavit, which include the correct date for LTR-CDME-08-43 P-Attachment as March 18, 2008.
Please replace Westinghouse letter CAW-08-2419 included in Enclosure 5 of DNC's May 8, 2008 letter with the attached Westinghouse letter CAW-08-2464. We regret any inconvenience this oversight may have caused.
Serial No. 08-0249A Docket No. 50-423 Page 2 of 3 If you have any questions or require additional information, please contact Mr. Gary D.
Miller at (804) 273-2771.
Sincerely,
};rJ;/JfL Gerald T. Bischof Vice President - Nuclear Engineering Commitments in this letter:
None
Attachment:
Westinghouse Electric Company Authorization Letter CAW-08-2464, "Application for Withholding Proprietary Information from Public Disclosure," dated August 4,2008.
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 1'Iv" day of
~.W:i[;
, 2008.
My Commission Expires: ~7; ~~ Jco8.
~t;.&IdWUZV Notary Public MAIKMIIT t. IENNln Notary PubIIC~Y.~;a.
Commonwealth of Virginia My Commllllon Explr** Aug 31. 2001
- cc:
U.S. Nuclear Regulatory Commission Region I 475 Allendale Road King of Prussia, PA 19406-1415 Ms. C.J. Sanders Project Manager - Millstone Power Station 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. 08-0249A Docket No. 50-423 Page 3 of 3
Serial No. 08-0249A Docket No. 50-423 ATTACHMENT Westinghouse Electric Company Authorization Letter CAW-08-2464, "Application for Withholding Proprietary Information from Public Disclosure,"
dated August 4, 2008 DOMINION NUCLEAR CONNECTICUT, INC.
MILLSTONE POWER STATION UNIT 3
e Westinghouse U.S. Nuclear Regulatory Commission Document Control Desk Washington, DC 20555-0001 Westinghouse Electric Company Nuclear Services P.O. Box.355 Pittsburgh. Pennsylvania 15230-0355 USA Direct tel: (412) 374-4643 Direct fax.: (412) 374-4011 e-mail: greshaja@westinghouse.com Our ref: CAW-08-2464 August 4, 2008 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
LTR-CDME-08-43 P-Attachment, "Response to NRC Request for Additional Information Relating to LTR-CDME-08-11 P-Attachment," dated March 18,2008 (Proprietary)
The proprietary information for which withholding is being requested in the above-referenced report is further identified in Affidavit CAW-08-2464 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 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by Dominion Connecticut.
Correspondence with respect to the proprietary aspects ofthe application for withholding or the Westinghouse affidavit should reference this letter, CAW-08-2464, 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.
Very truly yours, LtE_
Regulatory Compliance and Plant Licensing Enclosures cc: George Bacuta(NRC OWFN 12E-l)
CAW-08-2464 bee:
J. A. Gresham (ECE 4-7A) lL R. Bastien, lL (Nivelles, Belgium)
C. Brinkman, lL (Westinghouse Electric Co., 12300 Twinbrook Parkway, Suite 330, Rockville, MD 20852)
RCPL Administrative Aide (ECE 4-7A) lL (letter and affidavit only)
G. W. Whiteman, Waltz Mill H. O. Lagally, Waltz Mill C. D. Cassino, Waltz Mill J. T. Kandra, Waltz Mill D. L. Rogosky, ECE 564B
CAW-08-2464 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 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:
1i \\ Ii. #
l~
~ A. Gresham, Manager Regulatory Compliance and Plant Licensing Sworn to and subscribed before me this 4th day of August 2008
~ck/~
./
7 Notary Public COMMONWEALTH OF Pt:!1NNSYLVANIA Notarial Seal Sharon l. Markle, Notary Public Monroeville Bore, Allegheny County MyCommission ExpiIesJan. 29. 2011 Member. Pennsvlvanla Assoclation of NotarfeS"
2 CAW-08-2464 (I)
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 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 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 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 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 ofthat system and the substance ofthat system constitute Westinghouse policy and provide 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 of its use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.
3 CAW-08-2464 (b)
It consists ofsupporting 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 ofquality, 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 ofpast, present, or future Westinghouse or customer funded development plans and programs ofpotential commercial value to Westinghouse.
(1)
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 ofthe information.
(c)
Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure ofresources 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 ofproprietary information, anyone component may be the key to the entire puzzle, thereby depriving Westinghouse ofa competitive advantage.
4 CAW-08-2464 (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 LTR-CDME-08-43 P-Attachment, "Response to NRC Request for Additional Information (RAJ) Relating to LTR-CDME-08-11 P-Attachment," dated March 18, 2008 (Proprietary), for submittal to the Commission, being transmitted by Dominion Connecticut Application for Withholding Proprietary Information from Public Disclosure to the Document Control Desk. The proprietary information as submitted for use by Westinghouse for Millstone Unit 3 is expected to be applicable to other licensee submittals in support ofimplementing an interim alternate repair criterion (lARC) that requires a full-length inspection of the tubes within the tubesheet but does not require plugging tubes with a certain arc length ofcircumferential cracking below 17 inches from the top ofthe tubesheet.
This information is part ofthat which will enable Westinghouse to:
(a) Provide documentation ofthe analyses, methods, and testing for the implementation of an interim alternate repair criterion for the portion ifthe tubes within the tubesheet ofthe Millstone Unit 3 steam generators.
5 CAW-08-2464 (b) Assist the customer in obtaining NRC approval ofthe Technical Specification changes associated with the interim alternate repair criterion.
Further this information has substantial commercial value as follows:
(a)
Westinghouse plans to sell the use ofsimilar information to its customers for the purposes of meeting NRC requirements for licensing documentation.
(b)
Westinghouse can sell support and defense ofthe technology to its customers in the licensing process.
Public disclosure ofthis 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 calculation, evaluation 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 of many years ofexperience in an intensive Westinghouse effort and the expenditure ofa 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.
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 ofproprietary 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) 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 ofthese 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.