ML091380433

Response to Supplemental Request for Additional Information for License Amendment Request for Reactor Protective System/Engineered Safeguards Protective System Digital Upgrade

ML091380433
Person / Time
Site:	Oconee
Issue date:	04/30/2009
From:	Baxter D Duke Energy Carolinas
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
TSC 2007-09, Suppl 16
Download: ML091380433 (17)

Text

Duke EnergyVice DAVEPresident BAXTER 67 Energy Oconee Nuclear Station Duke Energy ON0I VP / 7800 Rochester Highway Seneca, SC 29672 864-873-4460 864-873-4208 fax dabaxter@dukeenergy.corn April 30, 2009 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Attention: Document Control Desk

Subject:

Duke Energy Carolinas, LLC Oconee Nuclear Station, Units 1, 2, and 3 Docket Numbers 50-269,,50-270, and 50-287 Supplemental Request for Additional Information for License Amendment Request for Reactor Protective System/Engineered Safeguards Protective System Digital Upgrade, Technical Specification Change (TSC) Number 2007-09, Supplement 16 On January 31, 2008, Duke Energy Carolinas, LLC (Duke) submitted a License Amendment Request (LAR) to address replacement of the existing Oconee Nuclear Station (ONS) analog based Reactor Protective System (RPS) and Engineered Safeguards Protective System (ESPS) with a digital computer based RPS/ESPS. Duke responded to an August 20, 2008, NRC request for additional information by letter dated September 30, 2008.

During the NRC audit at AREVA NP Alpharetta conducted from April 15 to 17, 2009, Duke agreed to docket three AREVA NP presentations associated with the non safety related to safety related communication interface, two test certificates, and the latest revision to the system architecture document. Proprietary and non-proprietary versions of these presentations are included in Enclosures 1 and 3 respectively. The system architecture document is included in Enclosure 1. The test certificates associated with the testing are provided 'in Enclosure 3.

As requested by NRC Staff, Vendor/Duke Manual Certification Forms documenting Duke's approval of the RPS/ESPS equipment qualification reports (AREVA NP Document No. 66-5015893 and 66-5065212) are included in Enclosure 3.

NRC Staff also requested Duke submit four AREVA Condition Reports (CRs) initiated during Factory Acceptance Testing (FAT). Copies of these CRs are provided in Enclosure 1.

The documents provided in Enclosure 1 are considered proprietary by AREVA NP. Affidavits for withholding of these proprietary documents are provided in Enclosure 2.

Enclosure 1 to this letter contain proprietary information.

Withhold from public disclosure under 10 CFR 2.390.

Upon removal of Enclosure 1, this letter is uncontrolled.

www. duke-energy.com

U. S. Nuclear Regulatory Commission April 30, 2009 Page 2 If there are any questions regarding this submittal, please contact Boyd Shingleton at (864) 873-4716.

I declare under penalty of perjury that the foregoing is true and correct. Executed on April 30, 2009.

Sincerely, Dave Baxter, Vice President Oconee Nuclear Station

Enclosures:

1. AREVA NP Documents - Proprietary

2. AREVA NP Affidavit

3. AREVA NP Documents - Non Proprietary

U. S. Nuclear Regulatory Commission April 30, 2009 Page 3 cc: Mr. J. F. Stang, Project Manager Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Mail Stop 0-14 H25 Washington, D. C. 20555 Mr. L. A. Reyes, Regional Administrator U. S. Nuclear Regulatory Commission - Region II Atlanta Federal Center 61 Forsyth St., SW, Suite 23T85 Atlanta, Georgia 30303 Mr. G. A. Hutto Senior Resident Inspector Oconee Nuclear Station S. E. Jenkins, Manager Infectious and Radioactive Waste Management Section 2600 Bull Street Columbia, SC 29201 Enclosure 1 to this letter contain proprietary information.

Withhold from public disclosure under 10 CFR 2.390.

Upon removal of Enclosure 1, this letter is uncontrolled.

TSC 2007-09, Supplement 16 April 30, 2009 Page 1 Enclosure 2 AREVA NP Proprietary Affidavit

AFFIDAVIT STATE OF GEORGIA

) ss.

COUNTY OF FULTON Mark J. Burzynski personally appeared before me and took an oath that the following is true and correct:

1. My name is Mark J. Burzynski. I am Manager, Product Licensing, for AREVA NP Inc. and as such I am authorized to execute this Affidavit.

2. I am familiar with the criteria applied by AREVA NP to determine whether certain AREVA NP information is proprietary. I am familiar with the policies established by AREVA NP to ensure the proper application of these criteria.

3. I am familiar with the AREVA NP information provided to the NRC in support of a Duke Power Company LLC License Amendment Request for Oconee Nuclear Station, Units 1, 2, and 3 (Docket Numbers 50-269, 50-270, and 50-287) entitled Reactor Protective System/Engineered Safeguards Protective System Digital Upgrade, Technical Specification Change Number 2007-09. The following AREVA NP documents are provided and referred to herein as the "Documents."

• AREVA NP Document 51-5045374-08, Oconee Nuclear Station, Unit 1 RPS/ESFAS Controls Upgrade System Architecture

" Presentation on TELEPERM XS Parameter Change Enable Design

" Presentation on TELEPERM XS Parameter Change Enable Testing

" Presentation on TELEPERM XS Runtime Environment Information contained in these Documents has been classified by AREVA NP as proprietary in accordance with the policies established by AREVA NP for the control and protection of proprietary and confidential information.

4. These Documents contain information of a proprietary and confidential nature and is of the type customarily held in confidence by AREVA NP and not made available to the public. Based on my experience, I am aware that other companies regard information of the kind contained in these Documents as proprietary and confidential.

5. These Documents have been made available to the U S. Nuclear Regulatory Commission in confidence with the request that the information contained in these Documents be withheld from public disclosure. The request for withholding of proprietary information is made in accordance with 10 CFR 2.390. The information for which withholding from disclosure is requested qualifies under 10 CFR 2.390(a)(4) "Trade secrets and commercial or financial information".

6. The following criteria are customarily applied by AREVA NP to determine whether information should be classified as proprietary:

(a) The information reveals details of AREVA NP's research and development plans and programs or their results.

(b) Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.

(c) The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for AREVA NP.

(d) The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for AREVA NP in product optimization or marketability.

(e) The information is vital to a competitive advantage held by AREVA NP, would be helpful to competitors to AREVA NP, and would likely cause substantial harm to the competitive position of AREVA NP.

The information in these Documents are considered proprietary for the reasons set forth in paragraphs 6(b), 6(c) and 6(d) above.

7. In accordance with AREVA NP's policies governing the protection and control of information, proprietary information contained in these Documents have been made available, on a limited basis, to others outside AREVA NP only as required and under suitable agreement providing for nondisclosure and limited use of the information.

8. AREVA NP policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.

9. The foregoing. statements are true and correct to the best of my knowledge, information, and belief.

i(g ature ofAffiant)

Sworn to (or affirmed) INSCRIBED before me on this L day of 2009.

(Signature of Notary)

KENDRICK SMART NOTARY PUBLIC, CHEROKEE COUNTY, GA MY COMMISSION EXPIRES DEC. 15,2009 Notary Public, State of Georgia

AFFIDAVI T COMMONWEALTH OF VIRGINIA

) ss.

CITY OF LYNCHBURG

1. My name is Mark J. Burzynski. I am Manager, Product Licensing, for AREVA NP Inc. and as such I am authorized to execute this Affidavit.

2. I am familiar with the criteria applied by AREVA NP to determine whether certain AREVA NP information is proprietary. I am familiar with the policies established by AREVA NP to ensure the proper application of these criteria.

3. I am familiar with the AREVA NP information provided to the NRC in support of a Duke Power Company LLC License Amendment Request for Oconee Nuclear Station, Units 1, 2, and 3 (Docket Numbers 50-269, 50-270, and 50-287) entitled Reactor Protective System/Engineered Safeguards Protective System Digital Upgrade, Technical Specification Change Nurmber 2007-09. The following AREVA NPdocument is provided and referred to herein as the "Document."

. AREVA NP document Condition Report 2008-5871 Information contained in this Document has been classified by AREVA NP as proprietary in accordance with the policies established by AREVA NP for the control and protection of proprietary and confidential information.

4. This Document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by AREVA NP and not made available to the public.

Based on my experience, I am aware that other companies regard information of the kind contained in this Document as proprietary and confidential.

5. This Document has been made available to the U S. Nuclear Regulatory Commission in confidence with the request that the information contained in this Document be withheld from public disclosure. The request for withholding of proprietary information is made in accordance with 10 CFR 2.390. The information for which withholding from disclosure is requested qualifies under 10 CFR 2.390(a)(4) "Trade secrets and commercial or financial information".

6. The following criteria are customarily applied by AREVA NP to determine whether information should be classified as proprietary:

(a) The information reveals details of AREVA NP's research and development plans and programs or their results.

(b) Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, .or market a similar product or service.

(c) The information includes test data or analytical techniques concerning a process, methodology, or component, the application, of which results in acompetitive advantage for AREVA NP.

(d) The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for AREVA NP in product optimization or marketability.

(e) The information is vital to a competitive advantage held by AREVA NP, would be helpful to competitors to AREVA NP, and would likely cause substantial harm to the competitive position of AREVA NP.

The information in this Document is considered proprietary for the reasons set forth in paragraphs 6(b), 6(d) and 6(e) above.

7. In accordance with AREVA NP's policies governing the protection and control of information, proprietary information contained in this Document has been made available, on a limited basis, to others outside AREVA NP only as required and under suitable agreement providing for nondisclosure and limited use of the information.

8. AREVA NP policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.

9. The foregoing statements are true and correct to the best of my knowledge, information, and belief.

SUBSCRIBED before me on this ____

day of 2009.

Sherry L. McFaden NOTARY PUBLIC, COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES: 10/31/2010 Registration # 7079129 SHERRY L. MCFADEN Notary Public Commonwealth of Virginia 7079129 My Commission Expires Oct 31, 2010

AFFIDAVIT COMMONWEALTH OF VIRGINIA )

) ss.

CITY OF LYNCHBURG )

1. My name is Ronnie L. Gardner. I am Manager, Corporate Regulatory Affairs, for AREVA NP Inc. and as such I am authorized to execute this Affidavit.

2. I am familiar with the criteria applied by AREVA NP to determine whether certain AREVA NP information is proprietary. I am familiar with the policies established by AREVA NP to ensure the proper application of these criteria.

3. I am familiar with the AREVA NP information provided to the NRC in support of a Duke Power Company LLC License Amendment Request for Oconee Nuclear Station, Units 1, 2, and 3 (Docket Numbers 50-269, 50-270, and 50-287) entitled, Reactor Protective System/Engineered Safeguards Protective System Digital Upgrade, Technical Specification Change Number 2007-09. The following AREVA NP documents are provided and referred to herein as "Document."

Condition Report 2008-6277 Information contained in this Document has been classified by AREVA NP as proprietary in accordance with the policies established by AREVA NP for the control and protection of proprietary and confidential information.

4., This Document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by AREVA NP and not made available to the public. Based on my experience, I am aware that other companies regard information of the kind contained in this Document as proprietary and confidential.

5. This Document has been made available to the U.S. Nuclear Regulatory Commission in confidence with the request that the information contained in this Document be withheld from public disclosure. The request for withholding of proprietary information is made in accordance with 10 CFR 2.390. The information for which withholding from disclosure is requested qualifies under 10 CFR 2.390(a)(4) "Trade secrets and commercial or financial information."

6. The following criteria are customarily applied by AREVA NP to determine whether information should be classified as proprietary:

(a) The information reveals details of AREVA NP's research and development plans and programs or their results.

(b) Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.

(c) The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for AREVA NP.

(d) The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for AREVA NP in product optimization or marketability.

(e) The information is vital to a competitive advantage held by AREVA NP, would be helpful to competitors to AREVA NP, and would likely cause substantial harm to the competitive position of AREVA NP.

The information in the Document is considered proprietary for the reasons set forth in paragraphs 6(b), 6(d) and 6(e) above.

7. In accordance with AREVA NP's policies governing the protection and control of information, proprietary information contained in this Document has been made available, on a

limited basis, to others outside AREVA NP only as required and under suitable agreement providing for nondisclosure and limited use of the information.

8. AREVA NP policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.

.9. The foregoing statements are true and correct to the best of my knowledge, information, and belief.

SUBSCRIBED before me this_____

day of April 2009.

Sherry L. McFaden NOTARY PUBLIC, COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES: 10/31/10 Reg. # 7079129

AFFIDAVIT COMMONWEALTH OF VIRGINIA )

) ss.

CITY OF LYNCHBURG

1. My name is Ronnie L. Gardner. I am Manager, Corporate Regulatory Affairs, for AREVA NP Inc. and as such I am authorized to execute this Affidavit.

2. I am familiar with the criteria applied by AREVA NP to determine whether certain:

AREVA NP information is proprietary. I am familiar with the policies established by AREVA NP to ensure the proper application of these criteria.

3. I am familiar with the AREVA NP information provided to the NRC in support of a Duke Power Company LLC License Amendment Request for Oconee Nuclear Station, Units 1, 2, and 3 (Docket Numbers 50-269, 50-270, and 50-287) entitled, Reactor Protective System/Engineered Safeguards Protective System Digital Upgrade, Technical Specification Change Number 2007-09. The following AREVA NP documents are provided and referred to herein as "Documents."

" Condition. Report 2008-6288

• Condition Report 2008-6554 Information contained in these Documents has been classified by AREVA NP as proprietary in accordance with the policies established by AREVA NP for the control and protection of proprietary and confidential information.

4. These Documents contain information of a proprietary and confidential nature and is of the type customarily held in confidence by AREVA NP and not made available to the

public. Based on my experience, I am aware that other companies regard information of the kind contained in these Documents as proprietary and confidential.

5. These Documents has been made available to the U.S. Nuclear Regulatory Commission in confidence with the request that the information contained in this Document be withheld from public disclosure. The request for withholding of proprietary information is made in accordance with 10 CFR 2.390. The information for which withholding from disclosure is requested qualifies under 10 CFR 2.390(a)(4) "Trade secrets and commercial or financial information."

6. The following criteria are customarily applied by AREVA NP to determine whether information should be classified as proprietary:

(a) The information reveals details of AREVA NP's research and development plans and programs or their results.

,(b) Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.

(c) The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for AREVA NP.

(d) The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for AREVA NP in product optimization or marketability.

(e) The information is vital to a competitive advantage held by AREVA NP, would be helpful to competitors to AREVA NP, and would likely cause substantial harm to the competitive position of AREVA NP.

The information in the Document is considered proprietary for the reasons set forth in paragraphs 6(b), 6(d) and 6(e) above.

7. In accordance with AREVA NP's policies governing the protection and control of information, proprietary information contained in these Documents have been made available, on a limited basis, to others outside AREVA NP only as required and under suitable agreement providing for nondisclosure/and limited use of the information.

8. AREVA NP policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.

9. The foregoing statements are true and correct to the best of my knowledge, information, and belief.

SUBSCRIBED before me this day of April 2009..

Sherry L. McFaden NOTARY PUBLIC, COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES: 10/31/10 Reg. # 7079129 SHERRY L. MCFADEN I Notary Public I Commonwealth of Virginlo

• 0 7079129[

My Commission Expires Oct 31, 2010

TSC 2007-09, Supplement 16 April 30, 2009 Page 2 Enclosure 3 AREVA NP Documents - Non Proprietary

1. ISTec and TUV Nord Certificate No. TXS-AUST-1 006-03 for the Digital Safety

-Instrumentation and Control System TELEPERM XS, dated October 31, 2006

2. ISTec and TJV Nord Certificate No. TXS-AU-0902-06 for the Digital Safety Instrumentation and Control System TELEPERM XS, dated September 10, 2002

3. Presentation on TELEPERM XS Parameter Change Enable Design - Non Proprietary dated April 15, 2009

4. Presentation on TELEPERM XS Parameter Change Enable Testing - Non Proprietary dated April 15, 2009

5. Presentation on TELEPERM XS Runtime Environment - Non Proprietary dated April 15, 2009

6. EDM 130 Form for AREVA NP Document No. 66-5065212-03, Oconee Nuclear Station Unit 1 RPS/ESFAS Replacement Project Equipment Qualification Report

7. EDM 130 Form for AREVA NP Document 66-5015893-03, TELEPERM XS Supplemental Equipment Qualification summary Test Report