NL-09-044, Spent Fuel Transfer Project - Holtecs Graphic Art Depiction of the Spent Fuel Transfer and Canister Design

Spent Fuel Transfer Project - Holtecs Graphic Art Depiction of the Spent Fuel Transfer and Canister Design

ML091070045
Person / Time
Site:	Indian Point
Issue date:	04/06/2009
From:	Conroy P Entergy Nuclear Northeast
To:	Boska J Plant Licensing Branch 1
Boska J, NRR, 301-415-2901
References
NL-09-044
Download: ML091070045 (9)

Text

Entergy Nuclear Northeast Indian Point Energy Center 450 Broadway, GSB

~Entergx P.O. Box 249 Buchanan, NY 10511-0249 Patrie Conroy Director Nuclear Safety Assurance Tel 914 734 6668 Withhold From Public Disclosure - 10 CFR 2.390(a)(4)

NL-09-044 April 6, 2009 Mr. John Boska, Sr. Project Manager DORL, Plant Licensing Branch 1-1 U.S. Nuclear Regulatory Commission One White Flint North, 0-8-C2 11555 Rockville Pike Rockville, MD 20852

SUBJECT:

Indian Point Energy Center Unit 3 Spent Fuel Transfer Project Holtec's Graphic Art Depiction of the Spent Fuel Transfer and Canister Design Indian Point Unit 3 Docket No. 50-286 License No. DPR-64

REFERENCE:

1. Holtec letter to Entergy Nuclear Northeast Indian Point Energy Center, "Affidavit For Withholding Proprietary Information From Public Disclosure," dated April 2, 2009

Dear Sir or Madam:

Entergy Nuclear Operations, Inc. (Entergy) is sending to the NRC a CD-ROM with graphic art depictions of the proposed Holtec spent fuel transfer canister and the basic operation of the planned Indian Point Unit 3 spent fuel transfer operation.

These documents, which are proprietary information, are provided by Holtec on (1) compact disk (CD-ROM) as Enclosure 1. Color printouts of the Equipment and Operations Figures contained on the CD-ROM are enclosed in Attachment 2.

This submittal is supported by an affidavit signed by Holtec, the owner of the design. The affidavit sets forth the basis on which the information may be withheld from public disclosure by the Commission and address with specificity the consideration listed in paragraph (b)(4) of section 10 CFR 2.390 of the Commission's regulations. Accordingly, it is requested that the information that is proprietary to Holtec be withheld from public disclosure. Holtec authorization letter dated April 2, 2009 with the accompanying affidavit, Proprietary Information Notice, is provided in Attachment 1.

Withhold From Public Disclosure - 10 CFR 2.390(a)(4)

This letter is uncontrolled when Enclosure 1 and Attachment 2 are removed

Withhold From Public Disclosure - 10 CFR 2.390(a)(4)

NL-09-044 Docket No. 50-286 Page 2 of 2 Correspondence with respect to the copyright on proprietary aspects of the items above or the supporting affidavit should reference Holtec Document ID 1775011 and be addressed to Tammy Morin, Holtec Licensing Manager, Holtec International, Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053.

I declare under penalty of perjury that the forgoing is true and correct. Executed on:

April 6th 2009.

1 There are no new commitments identified in this submittal. If you have any questions or require additional information, please contact Mr. Robert Walpole, Licensing Manager at 914 734-6710.

Very truly yours, f)/;;;JJI~ AIIVV~

Patrie W. Conroy Director, Nuclear Sa ety Assurance Indian Point Energy Center

Enclosure:

1.

Holtec CD-ROM Labeled "Attachment to Holtec Letter 1775011" containing two (2) PDF files:

Equipment Figures. pdf Operations Figures. pdf Attachment 1:

Holtec Authorization Letter dated April 2, 2009 with Accompanying Affidavit and Proprietary Notice, Document ID 1775011 2:

Color printout of the Equipment and Operations PDF Figures Withhold From Public Disclosure - 10 CFR 2.390(a)(4)

This letter is uncontrolled when Enclosure 1 and Attachment 2 are removed

Withhold From Public Disclosure - 10 CFR 2.390(a)(4)

ATTACHMENT 1 TO NL-09-044 Holtec Authorization Letter dated April 2, 2009 with Accompanying Affidavit and Proprietary Notice, Document ID 1775011 Withhold From Public Disclosure - 10 CFR 2.390(a)(4)

This letter is uncontrolled when Enclosure 1 and Attachment 2 are removed

Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053 Telephone (856) 797-0900 HOLTEC Fax (856) 797-0909 INTERNATIONAL April 2, 2009 Ms. Ann A. Stewart Indian Point Energy Center 450 Broadway GSB Second Floor Licensing Buchanan, NY 10511-0249 Document ID: 1775011

Subject:

Information to Support Licensing CalIon Fuel Transfer

Dear Ms. Stewart:

Holtec is pleased to approve the release of the following proprietary information to the NRC: : Standard CD Labeled "Attachment to Holtec Letter 1775011" containing two PDF files:

1) EQUIPMENT FIGURES.pdf

2) OPERATIONS FIGURES.pdf : Color printout of the above files.

We require that you include this letter along with the attached affidavit pursuant to 10CFR2.390 with your submittal.

Please do not hesitate to contact me at 856-797-0900 x 687 if you have any questions.

Sincerely, Tammy Morin Licensing Manager Holtec International Page lof 1

u.s. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 1775011 Non-Proprietary Attachment AFFIDAVIT PURSUANT TO 10 CFR 2.390 I, Tammy S. Morin, being duly sworn, depose and state as follows:

(1 )

I have reviewed the information described in paragraph (2) which is sought to be withheld, and am authorized to apply for its withholding.

(2)

The information sought to be withheld is Holtec reports and Holtec input and output data files contained in Attachments 1 and 2 to Holtec letter Document ID 1775011, containing Holtec Proprietary information.

(3)

In making this application for withholding ofproprietary information ofwhich it is the owner, Holtec International relies upon the exemption from disclosure set forth in the Freedom of Infonnation Act ("FOIA"), 5 USC Sec. 552(b)(4) and the Trade Secrets Act, 18 USC Sec. 1905, and NRC regulations 10CFR Part

9. 17(a)(4), 2.390(a)(4), and 2.390(b)(I) for "trade secrets and commercial or financial information obtained fronl 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 llnder the narrower definition of"trade secret", within the meanings assigned to those terms for purposes ofFOIA 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).

1 0[5

U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 1775011 Non-Proprietary Attachment AFFIDAVIT PURSUANT TO 10 CFR 2.390 (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 Holtec's competitors without license from Holtec International constitutes a competitive economic advantage over other companies;

b.

Information which, ifused by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, aSSllrance ofquality, or licensing ofa similar product.

c.

Information which reveals cost or price information, production, capacities, budget levels, or commercial strategies ofHoltec International, its customers, or its suppliers;

d.

Inforn1ation which reveals aspects of past, present, or future Holtec International cllstomer-funded development plans and programs of potential commercial value to Holtec International;

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, 4.b, 4.d, and 4.e above.

(5)

The information sought to be withheld is being submitted to the NRC in confidence. The information (including that compiled from many sources) is of a sort customarily held in confidence by Holtec International, and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by Holtec International. No public disclosure has been made, and it is not available in public sources. All disclosures to third parties, including any reqllired transmittals to the NRC, have 20fS

U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID ]7750] 1 Non-Proprietary Attachment AFFIDAVIT PURSUANT TO 10 CFR 2.390 been made, or must be made, pursuant to regulatory provisions or proprietary agreements which provide for maintenance ofthe information in confidence. Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in paragraphs (6) and (7) following.

(6)

Initial approval ofproprietary treatment ofa 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.

Access to such documents within Holtec International 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 ofthe cognizant marketing function (or his designee), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation.

Disclosures outside Holtec International 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 classified as proprietary was developed and compiled by Holtec International at a significant cost to Holtec International. This information is classified as proprietary because it contains detailed descriptions of analytical approaches and methodologies not available elsewhere. This information would provide other parties, including competitors, with information from Holtec International's technical database and the results of evaluations performed by Holtec International. A substantial effort has been expended by Holtec International to develop this information. Release of this information would improve a competitor's position because it would enable Holtec's competitor to copy our technology and offer it for sale in competition with our company, causing us financial injury.

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u.s. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 1775011 Non-Proprietary Attachment AFFIDAVIT PURSUANT TO 10 CFR 2.390 (9)

Public disclosure of the information sought to be withheld is likely to cause substantial harm to Holtec International's competitive position and foreclose or reduce the availability ofprofit-making opportunities. The information is part of Holtec International's comprehensive spent fuel storage 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 ofthe expertise to determine and apply the appropriate evaluation process.

The research, development, engineering, and analytical costs comprise a substantial investment oftime and money by Holtec International.

The precise value ofthe expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.

Holtec International's competitive advantage will be lost if its competitors are able to use the results of the Holtec International experience to normalize or verify their own process or ifthey are able to claim an equivalent llnderstanding by demonstrating that they can arrive at the same or similar conclusions.

The value of this information to Holtec International would be lost if the information 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 Holtec International ofthe opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.

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u.s. Nuclear Regulatory Commission ATTN: Document Control Desk Document 1D 1775011 Non-Proprietary Attachment AFFIDAVIT PURSUANT TO 10 CFR2.390 STATE OF NEW JERSEY

)

)

ss:

COUNTY OF BURLINGTON )

Tammy S. Morin, being duly sworn, deposes and says:

That she has read the foregoing affidavit and the matters stated therein are true and correct to the best of her knowledge, information, and belief.

Executed at Marlton, New Jersey, this 2nd day of April, 2009.

Tammy S. Morin Holtec International

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Subscribed and sworn before me this c:::7-day of ~,2009.

ANNE MUlLAN Notory PUblic ItOte of New Je'MY.

tIy COlftmllllOn ~ Apr 2., 2012 50f5