W3F1-2009-0060, Transmittal of Westinghouse WCAP-15815, Revision 1, Waterford Steam Electric Station, Unit 3
| ML093080342 | |
| Person / Time | |
|---|---|
| Site: | Waterford  |
| Issue date: | 11/02/2009 |
| From: | Murillo R Entergy Operations |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| CAW-09-2693, W3F1-2009-0060, WCAP-15815, Rev 1 | |
| Download: ML093080342 (11) | |
Text
Entergy Operations, Inc.
17265 River Road Killona, LA 70057-3093 Tel 504-739-6715 6Enter-gy Fax 504-739-6698 rmurill@entergy.com Robert J. Murillo Licensing Manager Waterford 3 Contains 10CFR2.390 Proprietary Information W3F1-2009-0060 November 2, 2009 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001
SUBJECT:
Transmittal of Westinghouse WCAP-15815, Revision 1 Waterford Steam Electric Station, Unit 3 Docket No. 50-382 License No. NPF-38
REFERENCE:
- 1. Entergy Letter to the NRC dated November 1, 2009, "Response to NRC Request for Additional Information Regarding Request for Alternative, Inspection of Reactor Vessel Head In-Core Instrument Nozzles during Third Ten-Year Inservice Inspection Interval", Waterford Steam Electric Station, Unit 3 (W3F1-2009-0059)
Dear Sir or Madam:
As discussed in Reference 1, .Entergy Operations, Inc (Entergy) responded to an NRC request for additional information regarding Waterford 3 Steam Electric Station, Unit 3 (Waterford 3) Alternative W3-ISI-01 5. The NRC requested that a copy of WCAP-1 5815, Revision 1 "Structural Integrity Evaluation of Reactor Vessel Upper Head Penetrations to Support Continued Operation: Waterford Unit 3 and ANO Unit 2" (Proprietary), be provided for their review. WCAP-1 5815, Revision 1 is provided in the enclosure to this letter.
This report is classified as proprietary to Westinghouse Electric Corporation and an affidavit for withholding from public disclosure under the requirements of 10CFR2.390 is provided in the attachment to this letter.
This letter contains no commitments.
If you have any questions or require additional information, please contact me at 504-739-6715.
Sipn,.ererly, RJM/RJ -7
W3F1-2009-0060 Page 2
Attachment:
Westinghouse Letter-CAW-09-2693 and Affidavit for Withholding from Public Disclosure in Accordance with 10CFR2.390 for WCAP-1 5815, Revision 1
Enclosure:
WCAP-1 5815, Revision 1 "Structural Integrity Evaluation of Reactor Vessel Upper Head Penetrations to Support Continued Operation: Waterford Unit 3 and ANO Unit 2" (Proprietary)
W3F1-2009-0060 Page 3 cc: Mr. Elmo E. Collins, Jr.
Regional Administrator U. S. Nuclear Regulatory Commission Region IV 612 E. Lamar Blvd., Suite 400 Arlington, TX 76011-4125 NRC Senior Resident Inspector Waterford Steam Electric Station Unit 3 P.O. Box 822 Killona, LA 70066-0751 U. S. Nuclear Regulatory Commission Attn: Mr. N. Kalyanam Mail Stop O-07D1 Washington, DC 20555-0001 Wise, Carter, Child & Caraway ATTN: J. Smith P.O. Box 651 Jackson, MS 39205 Winston & Strawn ATTN: N.S. Reynolds 1700 K Street, NW Washington, DC 20006-3817 Morgan,'Lewis & Bockius LLP ATTN: T.C. Poindexter 1111 Pennsylvania Avenue, NW Washington, DC 20004 Louisiana Department of Environmental Quality Office of Environmental Compliance Surveillance Division P. O. Box 4312 Baton Rouge, LA 70821-4312 American Nuclear Insurers Attn: Library 95 Glastonbury Blvd.
Suite 300 Glastonbury, CT 06033-4443
Attachment I to W3FI-2009-0060 Westinghouse Letter CAW-09-2693 and Affidavit for Withholding from Public Disclosure in Accordance with 10CFR2.390 for WCAP-1 5815, Revision I
Westingho0use Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355 USA U.S. Nuclear Regulatory Commlssion Direct tel: (412) 374-4643 Document Control Desk Direct fax:: (412) 374-3846 Washington, DC 20555-0001 e-mail: greshaja@westinghouse.com CAW-09-2693 October 23, 2009 APPLICATION' FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBIIC DISCLOSURE
Subject:
WCAP-1i5815, Rev. 1, "Structural Integrity Evaluation of Reactor Vessel Upper Head Penetrations to Support Continued Operation: Waterford Unit 3 and ANO Unit.2" (Proprietary).
The proprietary information for which withholding is being requested in the aibove-referenced report is further identified in Affidavit CAW-09-2693 signed by the owner of the proprietary information, Westinghouse ElectricCompany LLC. The affidavit, whichwaccornipanies this letter,. sets forth the basis on which the information may be withheld from public disclosure by the Commission and addresses with specificitythe considerations listed in paragrapli.(b)(4) ofl 0CFR Section 2.390 of the Commission's regulations.
Accordingly, this letter aUthorizes the utilization of the accom panying:affidavitby Entergy Operations, Inc.
Correspondence with rcspect to this application for Withholding or the accompanyingaffidavit should reference CAW-09-2693, and should be addressed to T. A. Gresham,. Manager, Regulatory Compliance and Plant Licensing, Westinghouse Electric Company LLC, P.O. Box 355, Pittsburgh, Pennsylvania 15230-0355.
Very truly yours, J. A. Gresham, Manager RegulatoryCompliance and.Plant Licensing Enclosures cc: George Bacula (NRC OWFN 12E1-I)
CA W-09-2693 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Btefore. me, the undersigned authority, personally appeared J. A. Gresham, wh:o, being by me duly
.sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Company:LLC (Westinghouse), and that the averments of fact set forth in:this Aflidavitare true and correct to the best of his knowledge, information, and belief:
- 4. A. Gresham, Manager Regulatory Compliance and Plant Licensing Sworn to and subscribed before me this:23rd dayof.October 2009 ck Notary Public COMMONWEALiTH OF PENNSYLVANIA Notarial Seal Joyce A. Szepeasy. Notary Public Monroeville Boro, Allegheny County M-y-ommission~ pircaFA;l12~
MWit W#, f0flflY voN. Apga.itln on 0a df
2 CAW-09-2693 (i) I am Manager, Regulatory Compliance and Plant Licensing, in Nuclear Services, Westinghouse Electric Company LLC (Westinghouse), and as such, I havebeen.specifically delegated tile 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 withrholding on behalf of Westinghouse.
(2): 1am making this Affidavit in.conformance with tile provisions of I0.CFR Section 2.390 of the Commission's regulations and in conjunction with the Westinghouse Application for Withholding Proprietary Information from Public Disclosure accompanying this Affidavit.
(3) 1have personal knowledge of the 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 of the Commission's regulations,
.the following is furnished fbr consideration by.the Commission:indetermining whether the inforimationrsought to be withlield from public disclosure should be withheld.
(i) The information sought to bewithheld.,from:,public disclosure is owned and has been held in confidence by Westinghouse.
.(ii) The information is of a type customlarily held: in confidence by Westinghouse and not customarily disclosed to0the 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 whethertto hold certain types of information in.
confidence. The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.
Under that system, information is held inconfidence, if it falls in one or more of several types, the release of which might result in the loss of ai existing or potential:competitive advantage, as follows:
(a) The information reveals the distinguishing aspects of a 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-09-2693 (b) It consists of supporting data, including test data, relative to a process(or component,. structure, tool, method, etc.),;the application of vhich data secures.a competitive economnic advantage, e.g., by optimization or improved marketability.
(c) Its use 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 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 revealslaspectsof past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
(f) It contains patentable ideas, for which patent.protectionimay 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 comnpetitive advantage.over its competitors. It is, therefore, withheld~from disclosure to.
protectthe Westinghouse competitive position.
(b) It is:information that is marketable in many ways.i The extent to which such information isavailableto competitors diminishes the Westinghouse ability to.
sell products and services involving the use:of the. information.
- (c) Use by our.conmpetitor would put Westinghouse ata.competitive.dis'advantaige by reducinghis expenditure of resources at our expense.
.(d) Each component of proprietary in formation pertinent to a particular. competitive advantage is potentially as valuable as the total competitiveadvantage. If:
competitors acquire components of proprietary information, any one component
4 CAW-09*2693 may be the key to the entire puzzle, thereby depriving Westinghouse of a 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 of those countries.
(-) TThe 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 I0 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 previouslyeemployed in the same. original manner or method to the best of our knowledge and belief.
- (v) The proprietary information sought to be withheld in this submitt.alis that Which is appropriately marked in WCAP- 15815, Rev'.. 1, "Structural Integrity Evaluation of Reactor Vessel Upper Head Penetrations to Suppoit Continued Operation:. Waterford Unit.3 and ANO.Unit 2" (Proprietary);dated March 2002, being transmitted by. Entergy Operations, Inc. letter and Application for Withholding Proprietary Information from Public Disclosure,.:to. the Document Control Desk. The proprietary.infornation as submitted by Westinghouse for the Waterford Steam Electric Station, Unit 3 plant is expectedto. be applicable for other licensee submittals in response to certain NRC requirements and may be used only for that purpose.
5 CAW-09-2693 This information is part ofthatwhich will enable Westinghouse to:
(a) Develop plant-specific flaw tolerance treatments (b) Evaluate.indicatidns found during inservice inspection (c) Expeditiously resolve inspection coverage issues Further this information has substantial commercial value as follows:
(a) Plants will use the result oftthe work to evaluate indications found by inservice inspection on a case by case basis (b) Westinghouse can sell support and deliense of such evaluations (c) The information requested to be withheld reveals the distinguishing aspects of a metthodology which was. developed by Westinghouse.
Public disclosure of this proprietary information is likely to cause substantial harm to the competiti.ve position of Westinghouse because it would, enlance the ability of competitors to provide similarcalculations and licensing defense services forcommercial power reactors without commensurate expenses. Also, public disclosure of the information' wouldenable others to usethe information to meet NRC requirements.for licensing documentation without purchasing the right to use the information.
Tie development of the technology described in part by ,the information is the result of applying the results of"many years of experience in an intensive Westinighouse effort and the expenditure of a 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, havingthe 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 of documents furnished to tile 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 of the Conmmission'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 (thPe 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 lowercase letters refer to the types of information Westinghouse customarily holds in. confidence identified in Sections (4)(ii)(a) through (4)(ii)(f) of the affidavit accompanying thistransmittal 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 thle number of copies of the information contained in these reports whIich are necessary for:its internal use in connection with generic and plantsp.ecificreviews and approvais as weltl as: the: issuance, denial, amendment, transfer, renewal, modification, suspension, revocation; or violation of a license, permit, order, or regulation subject to the requirements of 40 CFR 2.390 regarding restrictionsI on public disclosure to the extent such imiformation has been identified as proprietary by Westinghouse, copyright protection notwithstanding. With respect to the non-proprietary versionsof these reports, the NRC is permitted to make the numberof copies beyond tlhosejnecessary for its internal use which are necessary in order to have one copy available for public viewing in the appropriate docket files in tlhe public.document.
room in Washington, DCand in local publicdocument rooms'as may be required by NRC regulations if the number of copies submitted is insufficient for this purpose,. Copies made by tile NRC must'include the copyright.notice in alli nstances and the proprietary notice if the original was identifiedas proprietary.