ML102660352
| ML102660352 | |
| Person / Time | |
|---|---|
| Site: | Millstone, Kewaunee, Surry, North Anna  |
| Issue date: | 09/22/2010 |
| From: | Funderburk C Dominion Energy Kewaunee, Dominion Nuclear Connecticut, Dominion Resources Services, Virginia Electric & Power Co (VEPCO) |
| To: | Office of Nuclear Reactor Regulation, Document Control Desk |
| References | |
| 10-4868, FOIA/PA-2011-0115 | |
| Download: ML102660352 (13) | |
Text
Dominion Resources Services, Inc.
Innsbrook Technical Center 5000 Dominion Boulevard, 2SE, Glen Allen, VA 23060 September 22, 2010 United States Nuclear Regulatory Commission Attention: Document Control Desk Washington, D.C. 20555 Serial No.
10-4868 NL&OS/ETS: RO Docket Nos.
50-280/281 50-338/339 50-336/423 50-305 License Nos. DPR-32/37 NPF-4/7 DPR-65/NPF-49 DPR-43 VIRGINIA ELECTRIC AND POWER COMPANY (DOMINION)
DOMINION NUCLEAR CONNECTICUT, INC. (DNC)
DOMINION ENERGY KEWAUNEE, INC. (DEK)
NORTH ANNA AND SURRY POWER STATIONS UNITS 1 AND 2 MILLSTONE POWER STATION UNITS 2 AND 3 KEWAUNEE POWER STATION DOM-NAF-2-P/NP-A, REACTOR CORE THERMAL-HYDRAULICS USING THE VIPRE-D COMPUTER CODE In a letter dated August 20, 2010, Dominion, DNC and DEK submitted the approved version of DOM-NAF-2, Reactor Core Thermal-Hydraulics Using the VIPRE-D Computer Code. Under separate letter, copies of both the proprietary and non-proprietary versions of DOM-NAF-2 were provided to Dr. V. Sreenvias, NRC Licensing Project Manager. The information in this topical report that is proprietary was considered and justified as proprietary by Westinghouse.
Consistent with the NRC guidelines for publishing topical reports, the NRC's SER, requests for additional information and our responses were incorporated into the topical report and an approved designator was included in the topical report number (DOM NAF-2-P-A or DOM-NAF-2NP-A).
However, one of the RAls incorporated into the approved topical contained Westinghouse proprietary information.
Therefore, the topical was considered proprietary and the original affidavit, which supported the proprietary information, was provided to address the proprietary information in that RAI.
However, after the NRC's initial review of the material, the NRC requested a revised affidavit that addressed the information incorporated into DOM-NAF-2-A.
The attachment to this letter provides an affidavit that addresses the proprietary information contained in DOM-NAF-2-A.
Serial NO.1 0-4868 Docket Nos. 50-305/336/423/338/339/280/281 Page 2 of 4 If you have any questions or require additional information, please contact Mr. Thomas Shaub at (804) 273-2763.
Sincerely,
~
C. L. Funderburk Director Nuclear Licensing and Operations Support Dominion Resources Services, Inc. for Dominion Energy Kewaunee, Inc.
Dominion Nuclear Connecticut, Inc.
Virginia Electric and Power Company Commitments made in this letter: None Attachments:
1.
Westinghouse Electric Company LLC Authorization Letter LTR-CAW-1 0-2744, "Application for Withholding Proprietary Information from Public Disclosure," dated February 4,2010
Serial No. 10-486B Docket Nos. 50-305/336/423/338/339/280/281 Page 3 of 4 cc:
(without attachments)
U.S. Nuclear Regulatory Commission Region I 475 Allendale Road King of Prussia, Pennsylvania 19406-1415 U.S. Nuclear Regulatory Commission Region II Marquis One Tower 245 Peachtree Center Avenue, NE Suite 1200 Atlanta, Georgia 30303-1257 U.S. Nuclear Regulatory Commission Region III 2443 Warrenville Road Suite 210 Lisle, Illinois 60532-4352 Mr. K. D. Feintuch NRC Senior Project Manager - Kewaunee Power Station U. S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Mail Stop 08 H-4A Rockville, Maryland 20852-2738 Ms. C. J. Sanders NRC Project Manager - Millstone Power Station Units 2 and 3 U. S. Nuclear Regulatory Commission One White FI,int North 11555 Rockville Pike Mail Stop 08 B-3.
Rockville, Maryland 20852-2738 Ms. K. R. Cotton NRC Project Manager - Surry Power Station U. S. Nuclear Regulatory Commission One White Flint North Mail Stop 08 G-9A 11555 Rockville Pike Rockville, MD 20852-2738
Serial No. 10-4868 Docket Nos. 50-305/336/423/338/339/280/281 Page 4 of 4 Dr. V. Sreenvias NRC Project Manager - North Anna Power Station U. S. Nuclear Regulatory Commission One White Flint North Mail Stop 08 G-9A 11555 Rockville Pike Rockville, MD 20852-2738 NRC Senior Resident Inspector Kewaunee Power Station NRC Senior Resident Inspector Millstone Power Station NRC Senior Resident Inspector North Anna Power Station NRC Senior Resident Inspector Surry Power Station
Serial No. 10-4868 Docket Nos. 50-305/336/423/338/339/280/281 ATTACHMENT WESTINGHOUSE ELECTRIC COMPANY LLC AUTHORIZATION LETTER LTR-CAW-10-2744, "APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE," DATED FEBRUARY 4,2010 DOMINION ENERGY KEWAUNEE, INC.
DOMINION NUCLEAR CONNECTICUT, INC.
VIRGINIA ELECTRIC AND POWER COMPANY KEWAUNEE POWER STATION MILLSTONE POWER STATION UNITS 2 AND 3 NORTH ANNA POWER STATION UNITS 1 AND 2 SURRY POWER STATION UNITS 1 AND 2
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) 374-3846 e-mail:
greshaja@westinghouse.com Proj Itr:
NF-VP-09-104 Revision 1 CAW-IO-2744 February 4,2010 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
Supplemental Information in Support of the Removal ofthe Grid Spacing Restriction in Appendix B to Fleet Report DOM-NAF-2-A (Proprietary)
The proprietary information for which withholding is being requested in the above-referenced repOI1 is flllther identified in Affidavit CAW-I 0-2744 signed by the owner of the proprietary information, Westinghouse Electric Company LLC. The affidavit, which acoompanies this letter, sets fol1h the basis on which the information may be \\vithheld 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 Generation.
Correspondence with respect to the proprietary aspects ofthe application for withholding or the Westinghouse affidavit should reference this letter, CAW-l 0-2744, 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,~
1!.~esham, Manag",..
Regulatory Compliance and Plant Licensing Enclosures
bee:
RCPL Administrative Aide (ECE 4-7A) IL (letter and afl1davit only)
R. Oelrich Y. Sung T. Rodack B. Beebe CAW-I 0-2744
CAW-IO-2744 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared J. A. Gresbam, who, being by me duly sworn according to law, deposes and says tbat he is authorized to execute this Affidavit on behalf of Westinghouse Electric Company LLC (Westinghouse), and that the averments offacl sel forth in this Affidavit are true and correct to the best of' his knovvledge, information, and bel ieC:
RegulatOIY Compliance and PlanL Licensing Sworn to and subscribed before me this 4th day of February 2010
(~c.~ Ck~~ b~/<-U U
J Notary Public COMMONWEALTH OF PENNSYlVANIA NOTARIAL SEAL Renee Giampole, Notary Public Penn Township, Westmoreland County My Commission Expires September 25,2013
2 CAW-I0-2744 (l)
I am Manager, Regulatory Compliance and Plant Licensing, in Nuclear Services, Westinghouse Electric Company LLC (Westinghouse), and as such, r have been specifically delegated the function of reviewing the proprietary infom1ation 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 behalf of Westinghouse.
(2)
I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.390 of the Commission's regulations and in conjunction with the Westinghouse Application for Withholding Proprietary Information from Public Disclosure accomplU1ying this Affidavit.
(3)
I have 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 fi.lrnished 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 fTom public disclosure is owned and has been held in confidence by Westinghouse.
(ii)
The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for detennining 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 ofinfoffi1ation in confidence. The application of that system and the substance of that system constitute Westinghouse policy and provide the rational basis required.
Under that system, information is held in confidence if it fails in one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage, as follows:
(a)
The information reveals the distinguishing aspects ofa process (or component, structure, tool, method, etc.) where prevention ofits use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.
3 CAW-lO-2744 (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 marketabiIity.
(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 infonnation, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
(e)
It reveals aspects of 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 protection may be desirable.
There are sound policy reasons behind the Westinghouse system which include the following:
(a)
The use of such infonnation by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld fi'om 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 of resources at our expense.
(d)
Each component ofproprietaly information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, anyone component may be the key to the entire puzzle, thereby depriving Westinghouse ofa competitive advantage.
4 CAW-I 0-2744 (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.
(f)
The Westinghouse capacity to invest c,orporate 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 infonl1ation has not been previously employed in the same original manner or method to tbe best of our knowledge and belief (v)
The proprietary infolTIlation sought to be withheld in this submittal is that which is appropriately marked in "Supplemental Infonnation in Support of the Removal ofthe Grid Spacing Restriction in Appendix B to Fleet RepOlt DOM-NAF-2-A" (Dominion No.
09-528A) (Proprietary), for submittal to the Commission, being transmitted by Dominion Generation and Application for Withholding Proprietary Information from Public Disclosure to the Document Control Desk. The proprietary information as submitted by Westinghouse for Dominion Generation is expected to be used in support of the removal ofthe grid spacing restriction.
This infonnation is part ofthat which will enable Westinghouse to:
(a)
Assist customer to obtain a license change.
Further this information has substantial commercial value as follows:
(a)
Westinghouse can use this information to further enhance their licensing position with their competitors.
5 CAW-l 0-2744 (b)
The information requested to be withheld reveals the distinguishing aspects of Westinghouse fuel designs and CHF correlations.
Public disclosure ohhis proprietary information is likely to cause substantial hann 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 of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.
In order for competitors of Westinghouse to dLlplicate this infonnation, 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 INl<'ORMATION NOTICE Transmitted herewith are proprietary andlor non-proprietary versions of documents furnished to the NRC in connection with requests for generic andlor plant-specific review and approval.
In order to confornl to the requirements of 10 CFR 2.390 of the Commission'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 (the information that was contained within the brackets in the proprietary versions having been deleted). The justification for claiming the information so designated as proprictaly 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 infonnation being identified as proprietary or in the margin opposite such information. These lower case letters refer to the types of infonnation Westinghouse customarily holds in confidence identified in Sections (4)(ii)(a) through (4)(ii)(f) ofthe affidavit accompanying this transmittal pursuant to ]0 CFR 2.390(b)(I).