ML103560451

Extended Power Uprate Licensing Report, Attachment 6; Applications for Withholding Proprietary Information from Public Disclosure

ML103560451
Person / Time
Site:	Saint Lucie
Issue date:	11/09/2010
From:	Gresham J, Hauser E, Leff R, Millman J Florida Power & Light Co, Babcock & Wilcox, Caldon Ultrasonic Technology Ctr, Cameron International Corp, Holtec, Westinghouse
To:	Office of Nuclear Reactor Regulation
References
L-2010-259, CAW 10-08, CAW-10-3007, FPL-10-384
Download: ML103560451 (28)

Text

St. Lucie Unit 1 L-2010-259 Docket No. 50-335 ATTACHMENT 6 LICENSE AMENDMENT REQUEST EXTENDED POWER UPRATE APPLICATIONS FOR WITHHOLDING PROPRIETARTY INFORMATION FROM PUBLIC DISCLOSURE Westinghouse Electric Company Cameron International Corporation AREVA NP Inc.

Holtec International Babcock & Wilcox Canada Ltd.

FLORIDA POWER AND LIGHT ST. LUCIE NUCLEAR PLANT UNIT 1 This coversheet plus 27 pages St. Lucie Unit 1 Att. 6-1

e Westinghouse

\\i'lestinqhoIJSr -Irriri(

N ucie¿i I' Services

~-iü nux Jr)~)

IJlttsburgh.

USA

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L.S. Nuclear Regulatory Coiiinissioll Document Control Desk Washington. DC 20555.000 I Direcl tei (412) 37cl-4643 Dired I:)\\; C'II:?) :71-:38.16 C-Il,iil' greshnjzi(á;\\vesiingliolise.cOln I'loieTl iti FPL-i 0-3 X4 CA W-I O-lOOi November 9. 20 I 0 APPLICATION FOR WITI IHOLDING PROPRIET AR Y INFORMATION FROM PIJBLlC DISCLOSURE Snbjcet: Infrination Supporting St. Lucie Unit I F.xtended Power Uprate (FpU) (Proprietary)

The proprietary nfonnation for which withholding is being requested in the above-referenced report is further identified in A I1davit CA W.1 O.300i signed by the owner of the proprietary in!(irmation.

\\\\/cstinghoLlsc Electric Company.' LLC. The affidavit, \\vliich accompanies this letter, sets forth the basis on vidiich the infonnation may be vvithlield from puhlic disclosure by the Commission and addresses \\vith spccilicity the considerations listed in paragraph (b)(4) 01. 10 CFR Section 2.390 of the Commission.s regulations.

Accordingly, this Ictter authorizes the utilization of the accompanying affidavit by' Florida Po\\\\er & Light Company. in conjunction with its EPlJ application to the NRC Corresponclence \\vith respect to the proprietary.' aspects of the application for \\vithholding or the Westinghouse affidavit should reference this letter, CA W - i 0.300i. and should be addressed to J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing, \\VestinghoLlse Electric Company LLC, P.O. Box 355. Pittsburgh, Pennsylvania i 5230.0355.

V:;ry trulv vours

/lr-~2~lf(l,

iI, ; /J vt ";, ; fj~f/

J. A. Gresham, Manager Regulatory Compliance and Plant Licensing

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Enclosures

L\\ \\V IO-,lllli

\\ITID:\\ Vii STATE OF CON'\\ECTIClJI ss V /./û5ú~ Lv C I: s COU'\\IY OF IIARIFORD Before inc, the undersigned authority, personally appeared C. \\it. l\\1olnaL \\\\ho, being: by me dul) s\\voni according to law, deposes and says that he is authorized to execute this Aftidavit on behalf of

\\\\,'estinghousc I-Jcclric Company LLC ("\\Vcstinghoiisc"), and that the averments or nict set j)lth in this Affidavit are true and correct to the best of his knc)\\vlcdgc infotliiatioii, and belief:

~

C. M. Molnar. Senior Engineer Regulatory Compliance and Plant,icensing S\\vori to and subscribed before inc

/-t this

'I day of Nove nber, 20 i 0 1 ;:Li=a,,,o..ian,

.);.tCI-iL.;::'.."IU.t iit:i 111 'J, PuØ,ic, !i, county of lartorll

-rind State d Ccrmer~;rut this a ~ day of d,¿ ~¿¿£rL5£~. 2(l...

JOAN GRAY Not(nrg Public Gommissic;n Expires Ja.nuary 31 2012

2 C/\\\\V-IO-:WIl7 (i) I am Senior Enginetr. l,zcgulalOr) Cuiipliancc and Plant Licensing. iii Nuclc,il Service.;.

\\\\'cstinglioLlsc LJcctric C'cll1paiiy LLC (\\V"cstiiigllOLlsi'). and LiS slich. I 11;1\\(' heeii spccilic,ill) delegated the tuiictiuii ofrc'c\\\\ng the proprietary ilifurinatoli s()ught to be \\\\thhcld froiri puhlic disclosure in coiinection \\\\ill Iluclear power plant licensing and rule making proctcdings. and am

iuthorizcd ll) apply for its \\vithlwldin!l un belialfoC\\V'estiliglioiise.

('n 1 Hil inaking this i\\Jidavii iii conlolinancc \\\\ith tIll provisions of 10 CFR Section ~.J90 urthe Commission"s regulations and iii conjuiictioii \\\\ith the \\\\'cstillgliousc /\\pplicatioii for \\Viliholdilig Proprietary Inlorin;:itjon Ii'om Public Disclosure accompanying this /\\llidavit.

0) i have personal kno\\vledge of the criteria and procednres utilized by \\\\.'estinghOlise in designating inforniation ns a tnicle secret privileged or as confdenti,ll coiiinielcial or financial inronnatioii.

(4) PUlsuantto the provisions olparagraph (b)(c'l) olScction 2.390 of the Coniiiiission's regulations, the fol1o\\ving is fUlIislied for consideration by' the ('oiiiiiiissioii in detennining \\vhether the inj~)l11ation sought to be \\vithheld from public disclosure should be \\vithheld.

(Il The Infrmation sought to be withheld from public disclosure is owned and has been held in confidence by \\Vestinghouse, (ii) The in!rination is ora type customarily held in confidence by Westinghouse and not customarily' disclosed to the public. \\\\iestinghouse has;:1 rational basis f~)!' determining the types of inf~)liiiation customarily held in confidence by it and. in that connectiOlL utilizes a systeiii to cletennine \\vhen and \\vhether to hold certain types of inforniation iii confidence. The application of that sy"stem and the substance of that system constitutes

\\VestinghOlise policy and provides the rational basis required.

Under that sy'stem, intonnation is held in confidenee if it t~iils in one or more of several types, the release otwhich might result in the loss of an existing or potential competitive advantage, as foiio\\vs:

(a) The infrmation reveals the distinguishing aspects ora process (or component, structure, tooL method, etc.) where prevention of its use by,my of

3 c;\\ w-i (j-lOOi

\\V' cst i liglimlSC' S Cl\\llpCt tors \\\\ithou! I ceiisc from \\\\'c.'1 i ngliCllSc cOlhl ilI11l'i ;1 COIl'K'tiI\\C cconuiiiic (i(haiiingc O\\Cl other ciiinp,-inics.

(b) It coiisists olsiipportiiig data, including test ctita, relative 10 a process (or conipolicnL structure. tooL method. etc.). the application of\\vhicli (lata seciireS;1 coiiipctitivc cconoinic advantage. c.g.. by optiiiiiz;:ilioii or iiiiprovcd inarkcl(ibi I t.y.

(c) lts use by a COiiipctitol \\vould reduce his expenditure otresolllccs or improve his competitive position in the design. nialiuLictLllc. shipment. installatioii. assurance of quality, or licensing;:l similar product.

(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of \\Vcstinghousc, its customers or suppliers.

(c) It reveals aspects ofpasL presenL or future \\VestinghoLise or ciistOlner funcled development plans and programs of potential commercial \\'aluc to \\\\;!estinghoiise.

(0 It contains patentable ideas, for \\vhieh patent protection rnay' be desirable.

There are sound policy reasons behind the \\Vestinghoiise systein which include the following:

(3) The use of such information by \\\\/estinghoiise gives \\Vestinghoiise a competitive advantage over its competitors. It is, therefore, withheld ÜOln disclosure to protect the \\Vcstinghoiise competitive position.

(b) It is information that is marketable in inany \\vays. The extent to \\vhich siieh information is available to competitors diniInIshes the \\\\/estinghouse ability to sell products and services involving the use otthe intonnation.

(c) Use by our competitor would put Vv'estinghoiise at a competitive disadvantage by' reducing his expenditure of resources at OLlr expense.

4 C\\ \\\\- i 0-'1107 (d) Lai~1i colnp()IlCnt n l proprietary in 'olmation pert i l1e111 to ;i particular c()inpct it \\l' adv;iiitagc is potentially;is Valll(lblC as the iotal coiiipciiii\\c,ic!\\,iiiuigc. r competitors (iequire compoiients ofproprctary information. any (lIIC ColiplJllcnl LLUI) be the key to the entire puzzle. thereby dcpri\\ing \\V'cstiiig!ioiisc of a coirpetitive advantage.

(c) t:nrcslTictccl disclosure \\\\ould.jcopardizc the positioii ofproiinclicc of

\\\\"cstiiighmisc i1l1hc \\\\orlel market and thereby p:vc a market adv;iniagc to the cOllipctitioii of those countries.

(f) rhc Vv'estingliousc capacity to invest corporate assets in research and dt\\'elopinclll depends upon the success in obtaining and llaintaiiiilig a competitive advantage.

(iii) The information is being transmitted to the C.'oinmissioii in conlidence and, under the provisions of 10 CFR Section 2.390: it is to be received in conJidcnce by the COlTimissi()n.

(iv) The inflli;:üion souglit to be protected is not available in public sources or available information has not been previously employ'ed in the same original manner or method to the best of our kno\\v1cdge and belief (v) "rhe proprietary infonnation sought to be withheld in this submittal is that \\vliich is appropriately marked in Florida Po\\ver and Light's St. Lucie lJllit J extended power uprate (EPU) submittal transmittal letter to the NRC, Attachment 5. Sections: 2.2.2. i:

2.2.2.1,2.2.2.4; 2.2.2.6: and 2.2.3, transmitted \\vith an Application feil' Vv'ithholding Proprietary' Information from Public Disclosure. to the Document Control Desk. The proprietary information as submitted by' \\\\/estinghouse is that associated \\vith the St.

I,ucie Unit 1 EPU license aniendment request.

This information is part of that which enables \\VestiiighoLlse to demonstrate fJr Sf. Lucie Unit 1 structural margins that will exist aner the proposed LPU has been implemented.

further. this infolliatioii has substantial commercial value. as lollO\\vs:

,:)

CAW-III-Hllii (a) \\\\'cstiiiglioLlsc gCllnltcd ihis l1loll1atii)!l fur Si. LLli:ic l1iil I, solely fur the Slippurt ofll1,11 L1liil"s planIled LPl' (b) lhe iiiloriiiaiioii requested Iii be \\\\iililiclci re\\eal:) the stresses,me! margins for kc\\

plant compoiients aner the proposed LPL has betn iiiiplcnicntcd.

Public disclosure ofiliis proprietary Iiiforinaiion is likely 10 cause substanti,il !l,lrlT1 to the c()llpetitivc position uf \\\\'cstiiighoiisc because it \\vould enhance the iiliility or cOlnpctitors to provide similar calculations and licensing dclcl1se sen'ices for CUlll1crcial po\\ver reactors without colninCIlSLlratc expenses.

1'11C dc\\'Clopllcnt of the tcdirl0logy described in part by the infcirniatiol1 is the result or applying the results of man) years of experience in an intensive \\\\'estinghouse ertn and the expenditure of a considerable sum of money'.

In order for competitors of\\\\;!estinghoiise to duplicate this infrmation, similar technical programs \\voule! h,n'e to be performed and a significant maiipo\\ver effort. having the requisite talent and experience, \\vould 118ve to be expended.

Further the deponent sayeth not.

PROPRIETARY II'FORlVL\\ TlO:\\ NOTICE Transni Heel Iici-c\\\\ ih ;:lre proprietary,1neL'or llol1-j1l(prietary versions uf dOClIlncnts furnished to the N RC in COIliicciioii with rcquts for generic mid./or plant-specific rc,ic\\\\ ;lId approvaL.

III order to conform to the rcquirciiiciits of i () erR 2.390 ufihe Commission's regulations cUl1ccriilig the protection of proprietary infonn;:iiion so sublliUccll0 t-Iie :'~C. the information which is proprietary iii the proprietary' versions is contained \\\\thin hrackets. amI where the proprietary information has been deleted in the non-proprietary versions. only the hrackets rcniaíii (the iiilrimition that \\vas contained \\,thin the brackets in the propriciary' versions having been deleted). Tliejustitication forclaiiing the iii!~miiati()n so designated as proprietar'y' is indic;:ited in boih \\Tlsions b)' means of lo\\ver ca.se leHers (a) thrOlig.h (fi located as a superscript iinmediately following the brackets enclosing each item of infornuition being identified as proprietary or in the margin opposite such inlrinatioll. l'hese Icl\\ver case letters refer to the t'y'pes of iiiforinatioii \\\\/estinghOlise cLlstomaril'y' holds in confidence ideniified in Sections (4)(ii)(a) through (4 )(ii)(f) or the amdavii aceompaiiyiiig this transmittal pursuaut to 10 CFR 2.J90(b)( I).

COPYRIGHT NOTICE

'fhe documents transmitted helT\\vith each bear a \\Vestinghouse copyright notice. The NRC is permitted to make the number of copies of the information contained in these documents \\vhich are necessary for its internal use in connection \\\\'ith generic and plant-specific revie\\vs and approvals as well as the ssuance, deniaL, amendmene transfer, renevvaL modification, suspension. revocation, or violation of a license, pennie order, or reguJltion subject to the requireinellts of 10 CFR 2.390 regarding restrictions on public disclosure to the extent such information has been identified ;:IS proprietar'y' by' \\Vestinghouse, copyright protection notvvthstanding. \\Vith respect to the non-proprietary v'ersions of these documents, the NRC is permitted to make the number of copies beyond those necessary fr its internal use \\-vhich are necessary in order to ha\\"e one copy available fc)r public viewing in the appropriate docket tiles in the public document rooni in \\\\/ashington, DC and in local public document rooms as nay be required hy NRC regulations if the number or copies submitted is insufficient for this purpose. Copies made by the NRC must include the cOPYTight notice in all instances and the proprietary notice irthe original \\vas identified as proprietary.

St. Lucic L1nit i Lctter for Transmittal to the NRC The fulk!\\viiig paragraph:; sholiid be included ILL) i)Llr lettcr to thc NRC:

Liiclu:;ccL plca:;c iilld a proprietary (imlnon-proprietary copy or pertincnt section:; or /\\nachmcnt 5 lu the LAR :;ubmiUcd by I'-lorida Powcr and Light ror thc C:\\lcl1cled p(\\\\cr upra1e (EPl!) olSt. l,lIcic Unit i Attachmcnt 5 :;cctiOllS: J 1 'j I: 2.:2.2.3. :2:2.2.4: 2.2.2.(: tlllcl 2.2.3 contaiii \\\\/estil1ghouse proprietary infoll1atiol1

/\\Iso cncloscd is the \\\\'e:;tinghmise i-\\pplcation for \\\\itlilwlding Proprietary Infonnaiioii lroii Public Disclc)Slire CA \\\\'- I 0-3007. accompaiiying /\\llidavii-Proprietary Infolliiatioii Notice,,iid Copyright Notice.

As !teiii i contains infolliiation proprietary to \\\\/cstingliouse r:.lcctric Company LL.C. it is supported b) an aflidavit signed by' \\\\/estillgholise, thc O\\vner oftlie inforiiiatioii. lhe aflidavit sets forth the basis on which tlie inforiiation Ilay' be \\vitlilield J.oll public disclosure by the Coinniission and addresses \\vitli specificity the considerations listed iii paragraph (b)(4) ofScctioli2.390 otthe C'oniniissioils regulatioiis.

Accordingly, it is respectfully rcquested that the inforinatioii \\vliich is proprictary to \\\\/estinghmise be

\\vithheld hom public disclosure in accordance \\vith 10 CI:R Section 2.390 orthe Commissioils reg:ulations.

Correspondence \\vith rcspect to the copyright or proprictary aspects orihe items listed above or the supporting \\\\'estinglioiisc anidm.ii should reference C:A \\V-I 0-3007 and should be addressed to J. A. Gresham, Managcr, Regulatory' Compliancc ane! Plant Licensing, \\Vestinghoiise Fleerric Company I,LC. P.O. Box 355. Pittsburgh, Pennsylvania 15230-0355.

CAMERON November 2, 2010 CAW 10-08 Document Control Desk U. S. Nuclear Regulatory Commission Washington, DC 20555 Caldon Ultrasonics Technology Center 1000 McClaren Woods Drive Coraopolis, PA 15108 Tel 724-273-9300 Fax 724-273-9301 www.c-a-m.com APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

1. Caldon Ultrasonics Engineering Report ER-740 Rev. 0 "Bounding Uncertainty Analysis for Thermal Power Determination at St. Lucie Unit 1 & 2 Using the LEFM.I+ System"

2. Caldon Ultrasonics Engineering Report No. ER-733 Rev. 3, "LEFM.I+ Meter Factor Calculation and Accuracy Assessment for St. Lucie Unit 1" Gentlemen:

This application for withholding is submitted by Cameron International Corporation, a Delaware Corporation (herein called "Cameron") on behalf 0 f its operating unit, Caldon Ultrasonics Technology Center, pursuant to the provisions ofparagraph (b)(1) of Section 2.390 of the Commission's regulations. It contains trade secrets and/or commercial information proprietary to Cameron and customarily held in confidence.

The proprietary information for which withholding is being requested is identified in the subject submittal. In conformance with 10 CFR Section 2.390, Affidavit CAW 10-08 accompanies this application for withholding setting forth the basis on which the identified proprietary information may be withheld from public disclosure.

November 2, 2010 Page 2 Accordingly, it is respectfully requested that the subject information, which is proprietary to Cameron, be withheld from public disclosure in accordance with 10 CFR Section 2.390 of the Commission's regulations.

Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW 10-08 and should be addressed to the undersigned.

Very truly yours, Ernest M. aBUSer Director of Sales Cameron Measurement Systems Division Enclosures (Only upon separation of the enclosed confidential material should this letter and affidavit be released.)

AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

November 2, 2010 CAW 10-08 Before me, the undersigned authority, personally appeared Ernie Hauser, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf 0 f Cameron International Corporation, a Delaware Corporation (herein called "Cameron")

on behalf of its operating unit, Caldon Ultrasonics Technology Center, and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

Director of Sales Sworn to and subscribed before me this of

November 2,2010 CAW 10-08

1. I am the Director of Sales of Caldon Ultrasonics Technology Center, and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing and rulemaking proceedings, and am authorized to apply for its withholding on behalf of Cameron.

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 Cameron application for withholding accompanying this Affidavit.

3. I have personal knowledge of the criteria and procedures utilized by Cameron in designating information as a trade secret, privileged or as confidential commercial or fmancial information.

The material and information provided herewith is so designated by Cameron, in accordance with those criteria and procedures, for the reasons set forth below.

4. Pursuant to the provisions of paragraph (b) (4) of Section 2.390 of the Commission's regulations, the following is furnished 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 from public disclosure is owned and has been held in confidence by Cameron.

(ii)

The information is of a type customarily held in confidence by Cameron and not customarily disclosed to the public. Cameron 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 whether to hold certain types of information in confidence. The application of that system and the substance of that system constitutes Cameron policy and provides the rational basis required. Furthermore, the information is submitted voluntarily and need not rely on the evaluation of any rational basis.

November 2, 2010 CAW 10-08 Under that system, information is held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential advantage, as follows:

(a) The information reveals the distinguishing aspects ofa process (or component, structure, tool, method, etc.) where prevention of its use by any of Cameron's competitors without license from Cameron constitutes a competitive economic advantage over other companies.

(b) It consists of supporting 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 marketability.

(c) Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, and assurance of quality, or licensing a similar product.

(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Cameron, its customer or suppliers.

( e) It reveals aspects of past, present or future Cameron or customer funded development plans and programs of potential customer value to Cameron.

(f) It contains patentable ideas, for which patent protection may be desirable.

There are sound policy reasons behind the Cameron system, which include the following:

(a) The use of such information by Cameron gives Cameron a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Cameron competitive position.

November 2, 2010 CAW 10-08 (b) It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Cameron ability to sell products or services involving the use of the information.

( c) Use by our competitor would put Cameron at a competitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each component of proprietary 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 Cameron of a competitive advantage.

( e) Unrestricted disclosure would jeopardize the position of prominence of Cameron in the world market, and thereby give a market advantage to the competition of those countries.

(f) The Cameron 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 10 CFR §§ 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 previously employed in the same manner or method to the best of our knowledge and belief

November 2, 2010 CAW 10-08 (v)

The proprietary information sought to be withheld are the submittals titled:

Caldon Ultrasonics Engineering Report ER -7 40 Rev. 0 "Bounding Uncertainty Analysis for Thermal Power Determination at St. Lucie Unit 1 & 2 Using the LEFMv" + System" Caldon Ultrasonics Engineering Report No. ER-733 Rev. 3, "LEFMv"+ Meter Factor Calculation and Accuracy Assessment for st. Lucie 1."

It is designated therein in accordance with 10 CFR §§ 2.390(b)(1)(i)(A,B), with the reason( s) for confidential treatment noted in the submittal and further described in this affidavit. This information is voluntarily submitted for use by the NRC Staff in their review of the accuracy assessment of the proposed methodology for LEFM CheckPlus System used by St. Lucie Unit 1 for an MUR UPRATE.

Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Cameron because it would enhance the ability of competitors to provide similar flow and temperature measurement systems 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 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 Cameron effort and the expenditure of a considerable sum of money.

In order for competitors of Cameron to duplicate this information, similar products would have to be developed, similar technical programs would have to be performed, and a significant manpower effort, having the requisite talent and experience, would have to be expended for developing analytical methods and receiving NRC approval for those methods.

Further the deponent sayeth not.

AFFIDAVIT COMMONWEALTH OF VIRGINIA

)

) ss.

CITY OF LYNCHBURG

)

1.

My name is Gayle F. Elliott. 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 contained in the report ANP-2903(P), Revision 000, entitled "St. Lucie Nuclear Plant Unit 1 EPU Cycle Realistic Large Break LOCA Summary Report with Zr-4 Fuel Cladding," dated February 2010 and referred to herein as "Document." 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) and 6(c) above.

7.

In accordance with AREVA NP's policies governing the protection and control of information, proprietary information contained in this Document 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..... /-..£2 __

day Of~.J 2010.

Kathleen Ann Bennett NOTARY PUBLIC, COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES: 8/31/11 Reg. # 110864

HOLTEC INTERNATIONAL U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053 Telephone (856) 797-0900 Fax (856) 797-0909 AFFIDAVIT PURSUANT TO 10 CFR 2.390 I, Jay Leff, state as follows:

(1)

I am the Holtec International Project Manager for the Extended Power Uprate Analysis for St. Lucie Unit 1 Project and 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 Revision 2 of Holtec Report HI-2094486 and Revision 1 of Holtec Report HI-2104714, which contains Holtec Proprietary information and is appropriately marked as such.

(3)

In making this application for withholding of proprietary information of which it is the owner, Holtec 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 10CFR Part

9. 17(a)(4), 2.390(a)(4), and 2.390(b)(I) 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 ofFOIA Exemption 4 in, respectively, Critical Mass Energy Project v. Nuclear Regulatory Commission, 975 F2d 871 (DC Cir.

1992), and Public Citizen Health Research Group v. FDA, 704 F2d 1280 (DC Cir. 1983).

10f5

HOLTEC INTERNATIONAL U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053 Telephone (856) 797-0900 Fax (856) 797-0909 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, assurance of quality, or licensing of a 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.

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 20f5

HOLTEC INTERNATIONAL U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053 Telephone (856) 797-0900 Fax (856) 797-0909 AFFIDAVIT PURSUANT TO 10 CFR 2.390 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, have 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. This information is classified as proprietary because it contains detailed descriptions of analytical 30f5

HOLTEC INTERNATIONAL U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053 Telephone (856) 797-0900 Fax (856) 797-0909 AFFIDAVIT PURSUANT TO 10 CFR 2.390 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.

(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 of profit-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 International 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.

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HOLTEC INTERNATIONAL U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053 Telephone (856) 797-0900 Fax (856) 797-0909 AFFIDAVIT PURSUANT TO 10 CFR 2.390 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.

Executed at Marlton, New Jersey, this 5th day of November, 2010 50f5

~

JayLeff Project Manager Holtec International

B~W babcock & wilcox r-anada I*~d t 581 coronation boulevard t cambridge, on n1r 5v3 canada t phone 519_621 _2130 t fax 519 _621_2310 t

www_babcock_com November 10,2010 Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 U.S.A.

APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Section 2.2.2.5 of Florida Power and Light's St. Lucie Unit 1 EPU submittal transmittal letter to the NRC, Attachment 5 (Proprietary)

Dear Sir/Madam:

The proprietary information for which withholding is being requested in the above-referenced document section is identified in the attached affidavit signed by the owner of the proprietary information, Babcock &

Wilcox Canada Ltd. The affidavit, which accompanies this letter, sets forth the basis on which the information may be withheld from public disclosure by the Commission and address 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 Florida Power and Light.

Correspondence with respect to the proprietary aspects of the application for withholding or the Babcock &

Wilcox Affidavit should reference this letter, and should be addressed to the undersigned.

Yours truly, BABCOCK & WILCOX CANADA LTD.

ey Millman, Manager, Nuclear Engineering Attach.!

Cc:

V.J. Manica J. MacQuarrie J. Albert

PROVINCE OF ONTARIO REGIONAL MUNICIPALITY OF WATERLOO AFFIDAVIT OF JEFFREY MILLMAN I, Jeffrey Millman, of the Village of Ayr, in the Township of North Dumfries, Regional Municipality of Waterloo, in the Province of Ontario, being sworn, make oath and say as follows:

1.

I am the Manager, Nuclear Engineering of Babcock & Wilcox Canada Ltd. ("B& W"),

and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing and rulemaking proceedings, and am authorized to apply for its withholding on behalf ofB&W.

2.

I am making this Affidavit in conformance with the provisions of 10CFR Section 2.390 of the Commission's regulations and in conjunction with the Babcock & Wilcox Canada Ltd. Application for Withholding accompanying this Affidavit.

3.

I have personal knowledge of the criteria and procedures utilized by B& W in designating information as a trade secret, proprietary 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 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 from public disclosure is owned and has been held in confidence by B& W.

(ii)

The information is of a type customarily held in confidence by B& Wand not customarily disclosed to the public. B&W 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 whether to hold certain types of information in confidence. The application of that system and the substance of that system constitutes B& W policy and provides the rational basis required.

Under that system, information is held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage, as follow:

( a)

The information reveals the distinguishing aspects of a process, component, structure, tool, method, etc., where prevention of its use by

2 any of B& W' s competitors without license from B& W constitutes a competitive economic advantage over other companies.

(b)

It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

(c)

Its use by a competitor would reduce its expenditure of resources or improve its competitive position in the design, manufacture, shipment, installation, quality assurance, or licensing of a similar product.

(d)

It contains patentable ideas, for which patent protection may be desirable.

There are sound policy reasons behind the B& W system which include the following:

The use of such information by B& W gives B& W a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect B& W' s competitive advantage.

It is information which is marketable in many ways. The extent to which such information is available to competitors diminishes the B& W ability to sell products and services involving the use of such information.

Use by a competitor of B& W would put B& W at a competitive disadvantage by reducing the competitor's expenditure of resources at B&W's expense.

B& W' s 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 10CFR 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 previously employed 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 submittal is that which is identified in Florida Power and Light's St. Lucie Unit 1 EPU submittal transmittal letter to the NRC, Attachment 5, Section 2.2.2.5 and Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk.

3 The information which is proprietary in the proprietary version 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 proprietary is indicated in both versions by means of lower case letters (a) through (d) located as a superscript immediately following the brackets enclosing each item of information being identified as proprietary. These lower case letters refer to the types of information B& W customarily holds in confidence identified in Sections (4)(ii)(a) through (4 )(ii)(d) of this affidavit pursuant to 10 CFR 2.390(b )(1).

SWORN BEFORE ME in the

)

City of Cambridge in the

)

Province of Ontario, this

)

10th day of November, 2010.

)

.~

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A COIll1ll1SS1 ner, etc.

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