NL-09-100, Response to Request for Supplemental Information Regarding the Spent Fuel Transfer License Amendment Request

Response to Request for Supplemental Information Regarding the Spent Fuel Transfer License Amendment Request

ML092950437
Person / Time
Site:	Indian Point
Issue date:	09/28/2009
From:	Joseph E Pollock Entergy Nuclear Operations
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
NL-09-100, TAC L24299, TAC ME1671, TAC ME1672
Download: ML092950437 (14)

Text

Indian Point Energy Center 450 Broadway, GSB P.O. Box 249 Buchanan, N.Y. 10511-0249 Tel (914) 734-6700 J. E. Pollock Site Vice President Administration NL-09-1 00 September 28, 2009 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Mail Station O-P1-17 Washington, DC 20555-0001

Subject:

Indian Point Nuclear Power Plant Units 2 and 3 Response to request for supplemental information regarding the spent fuel transfer license amendment request (TAC Nos. ME1671. ME1672, and L24299)

Indian Point Units 2 & 3 Docket Nos. 50-247 and 50-286 License Nos. DPR-26 and DPR-64

References:

1) NRC letter to Indian Point Vice President of Operations, 09/04/09, "Indian Point Nuclear Generating Unit Nos. 2 and 3 - Supplemental Information Needed for License Amendment Request for Spent Fuel Transfer (TAC Nos.

ME1671, ME1672, and L24299)"

2) Entergy letter NL-09-076, 07/08/09, "Indian Point Nuclear Power Plant Units 2 and 3 - Application for Unit 2 Opeting License Condition Change and Units 2 and 3 Technical Specification Changes to Add Inter-Unit Spent Fuel Transfer Requirements"

Dear Sir or Madam:

This letter provides Entergy Nuclear Operations, Inc (Entergy) response, Attachment 1, to the NRC request for supplemental information (Reference 1) regarding the Entergy license amendment requests concerning inter-unit transfer of fuel (Reference 2). In addition, a revised regulatory commitment made in this submittal is identified in Attachment 2 to this letter.

The additional supporting information provided in this submittal does not alter the conclusions of the no significant hazards evaluation, provided in Reference 2, that supports the subject license amendment requests.

In accordance with 10 CFR 50.91, a copy of this submittal, with attachments and enclosures is being provided to the designated New York State official.

This submittal includes information deemed proprietary by an entity that is providing support to Entergy on this project. As such, in Enclosure 1, a 10 CFR 2.390 affidavit has been executed

NL-09-100 Docket Nos. 50-247 and 50-286 License Nos. DPR-26 and DPR-64 Page 2 of 2 by the owner of the information. A non proprietary version of this submittal will be provided by October 26, 2009.

If you have any questions or require additional information, please contact Mr. Robert Walpole, Licensing Manager at 914-734-6710.

I declare under penalty of pe jury that the foregoing is true and correct to the best of my knowledge. Executed on TZ6/7, Sincerely, JEP/rw Attachments: 1. Response to request for supplemental information regarding the spent fuel transfer license amendment request

2. Regulatory Commitment

Enclosure:

1. Affidavit executed pursuant to 10 CFR 2.390 governing the proprietary information included in Attachment 1.

cc:

NRC Resident Inspector's Office Mr. John Boska, Senior Project Manager, NRC NRR DORL Mr. Theodore Smith, Project Manager, NRC FSME DWMEP DURLD Mr. Samuel Collins, Regional Administrator, NRC Region 1 Mr. Francis J. Murray, Jr., President and CEO, NYSERDA (w/o proprietary information)

Mr. Paul Eddy, New York State Dept. of Public Service (w/o proprietary information)

Mr. John White, Branch Chief, NRC Region 1 Mr. Tim Rice, New York State DEC (w/o proprietary information)

ATTACHMENT 2 TO NL-09-100 Regulatory Commitment Entergy Nuclear Operations, Inc.

Indian Point Units 2 and 3 Docket Nos. 50-247 and 50-286

NL-09-100 Page 1 of 1 Regulatory Commitment The following table identifies an action committed to by Entergy in this document. Any other statements in this submittal are provided for information purposes and are not considered to be regulatory commitments.

COMMITMENT IMPLEMENTATION SCHEDULE The inter-unit fuel transfer solution involves the Prior to the first complete replacement (bridge and trolley) of the inter-unit transfe existing IP3 cask handling crane with a single-failure-of fuel proof design while maintaining the 40-ton capacity.

The replacement of the crane is not part of the LAR and will be implemented pursuant to the provisions of 10 CFR 50.59. Therefore, Entergy commits to the guidelines of Appendix C to NUREG-0612 and NUREG-0554, except that the criteria of ASME NOG-1, 2004, may be employed as an acceptable alternative to the NUREG-0554 criteria.

ENCLOSURE 1 TO NL-09-100 Affidavit executed pursuant to 10 CFR 2.390 governing the proprietary information included in Attachment 1.

Entergy Nuclear Operations, Inc.

Indian Point Units 2 and 3 Docket Nos. 50-247 and 50-286

PREu.

HOLTEC INTERNATIONAL Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053 Telephone (856) 797-0900 Fax (856) 79.7-0909 September 25, 2009 Mr, Roger Waters Licensing Manager Indian Point Energy Center 450 Broadway GSB Second Floor Licensing Buchanan, NY 10511-0249 Document ID! 1775015

Subject:

Information to Support Licensing Submittal on Inter-Unit Fuel Transfer

Dear Mr. Waters:

Holtec is pleased to approve the release of the following information to the United States Nuclear Regulatory Commission (USNRC): : Holtec Document "Attachment 1 to Holtec Letter 1775012 - Responses to NRC supplemental information request NRC Staff Acceptance Review Comments Regarding License Amendment Request for Spent Fuel Transfer Entergy Nuclear Operations, Inc., Indian Point Nuclear Generating Unit Nos. 2 and 3 Docket Nos.

'50-247 and 50-286." (Propriefary)

We require that you include this letter along with the attached affidavit pursuant to IOCFR2.390 when submitting Attachment 1 to the USNRC.

The responses to NRC questions (provided in Attachment, 1) have been authored and reviewed by the following individuals:

No.

Response Number Author Reviewer Section A

1.

l.a Tammy Morin../

Veena Gubbi

2.

1.b Veena Gubbi Chuc rd

3.

1.c ChyUck Bullard

/Veena Gubbi

/1

_____a Document ID: 1775015 Page. l~of4

H O LTE C INTERNATIONAL Holtec Center, 555 Lincoln DriVe West, Marlton, NJ 08053 Telephone (856) 797-0900 Fax (856) 797-0909 No. Response Number Author Reviewer

4.

.2.a, 2.b, 2.c AbrarMohammad Debu Majumdar

5.

2.d

,~c

~

~Joh~n Onl

6.

21e Tammy.Mor inCu III.

7

7.

2..f Cbuck Bu lard' John Griffiths,

8.

2.g brar Mohammad D

! radar

9.

2,h Tammy Moin, Veena Gubbi

10.

3.a,& 3.b Charl otta S id ers Bret Brickner

11.

3.c Debu Majumdr Kevin Cuthill

,-7

12.

4 Chkvk Bullard, Kevin Cuthill

13.

5.

"Veena Gubbi Tammy Mo.,

14.

6;.a Veena Gubbi k-uk lla d

'15.

'6.,b Cl Vick Bullard 7

ai

16.

'6.c eena Gubbiy

17.

6.,d and 6.e John G:.i Veqa Gubbi.

18.

kat Prabhala DocumentflD: 1775015 Page 2ot"4

H.OLTEC INTERNATIONAL Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053 Telephone (856) 797-0900 Fax (856) 797-0909 No.

Response Number Author Reviewer

19.

6.g Veena Gubbi Tammyqn

20.

6.h Veena Gubbi

21.

6.i i.

ýCk Bt!lard John Griffiths

22.

6j T.

.my orinb

23.

6.k Billard Johd( ri bs

24.

6.1 Veena Gbi6in Grffil s

25.

6.m Debu Majumdar

,Amy rin

26.

6.n Ta m

n Veerfa* ubbi 2

7.

7.

0hlotta Sandels Jas Williams

28.

8.a Viena Gubb

'ammy nfl

29.

8.be C *ck Bullard Ve a G h

30.

8.c Tammy orin Section B

31.

2.

Tamm¶_Win Key*C il 32.,

3.

ChaI ptta Sander la illiamns Document ID' 1775015 Page 36f 4

HTO LT E C INTERNATIONAL.

Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053.

,Telephone (856) 797-0900 Fax (856) 797-0909 No.

Response Number Author Reviewer

33.

4.

Cl'ick Bullard K

Please do not hesitate to contact me at 856-797-0900 x 653 if you have any questions.

Document ID: 1775015 Page 4of 4

U.S. Nuclear Regulatory Commission ATTN: Document Control Desk, Document ID 1775015 Non-Proprietary Attachment AFFIDAVIT PURSUANT TO 10 CFR 2.390 I, Kevin C. Cuthill, being duly swornm, 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 the Attachment 1 (exclusive of Attachments "E" and "0" to Attachment 1) to Holtec letter Document ID 1775015, containing Holtec Proprietary information.

(3)

In making this application for withholding of proprietary information ofwhich it is the owner, IHoltec International relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC Sec. 552(b)(4) and the Trade Secrets Act, 18 USC Sec. 1905, and NRC regulations IOCFR Part 9.17(a)(4), 2.390(a)(4), and2.390(b)(l) for "trade secrets and commercial or financial information obtained from 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 under the narrower definition of "trade secret", within the meanings assigned to those terms for purposes of FOIA 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 of 5

U.S. Nuclear Regulatory: Commission ATTN: Document Control Desk Document:ID 1775015 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 Ho1tecs competitors without license from l'6itec International constitutes a competitive economic advantage over other companies;

b.

Information which,, if used 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 of a similar product.

c.

Information which reveals cost or price information, production, capacities, budget levels, or commercial strategies of Hioltec International,.

its customers, or its suppliers;

d.

Information which reveals aspects of past, present, or future Holtec International customer-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, and 4.b 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 required transmittals to the NRC, hav'e 2 f 5

U.S. Nuclear Regulatory Commission ATIN: Document Control Desk Document ID 1775015 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 of the 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 of proprietary treatment of a 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 of the 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.,Thýis 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.

3 of 5

U.S., Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 1775015 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 of the expertise to determine and apply the appropriate evaluation process.

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

The precise value of the 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 IInternational experience to normalize or verify their own process or if they are able to claim an equivalent understanding 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. of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.

4 of 5

U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 1775015 Non-Proprietary Attachment AFFIDAVIT PURSUANT TO 10 CFR 2.390 STATE OF NEW JERSEY

)

)

ss:

COUNTY OF BURLINGTON )

Kevin C. Cuthill, being duly sworn, deposes and says:

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

Executed at Marlton, New Jersey, this 25th day of September, 2009.

Kevin C. Cuthill Holtec International Subscribed and sworn before me this _____

day of A, 2009.

MARI

. MASS' N4OTARY pUBLIC OF 1*F.A JRSEY

,M v pUBLiT C

Ss r-e pi

'Ar ý5 2010 Myt Commission Axprelk r,'

S 5 of 5