ML110250770
| ML110250770 | |
| Person / Time | |
|---|---|
| Site: | 05200021 |
| Issue date: | 12/28/2010 |
| From: | Ogata Y Mitsubishi Heavy Industries, Ltd |
| To: | Ciocco J Document Control Desk, Office of New Reactors |
| References | |
| MUAP-090002, UAP-HF-10360 | |
| Download: ML110250770 (5) | |
Text
Ak MITSUBISHI HEAVY INDUSTRIES, LTD.
16-5, KONAN 2-CHOME, MINATO-KU TOKYO, JAPAN December 28, 2010 Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Attention: Mr. JeffreyA. Ciocco Docket No.52-021 MHI Ref: UAP-HF-10360
Subject:
Transmittal of the Technical Report "Summary of Seismic and Accident Load Combinations for Primary Components and Piping" (MUAP-090002)
Reference:
- 1) Letter MHI Ref. UAP-HF-10207 from Y. Ogata ("MHI") to U.S. NRC, "Updated Design Completion Plan for US-APWR Piping Systems and Components" dated on July 21, 2010 With this letter, Mitsubishi Heavy Industries, Ltd. ("MHI") transmits to the U.S. Nuclear Regulatory Commission ("NRC") the technical report "Summary of Seismic and Accident Load Combinations for Primary Components and Piping". This Report supplements the materials provided in the "Design Control Document for the US-APWR" ("DCD"), and is incorporated by reference in the DCD. The Report is being submitted electronically in compact discs (CDs). Submittal of the enclosed technical report was one of the commitments in Reference 1, Enclosure 2.
An indicated in the enclosed materials, this report contains information that MHI considers proprietary, and therefore should be withheld from public disclosure pursuant to the 10 CFR § 2.390 (a)(4) as trade secrets and commercial or financial information which is privileged or confidential. A non-proprietary version of the document is also being submitted with the information identified as proprietary redacted and replaced by the designation " [ ] ".
And one version includes certain information, designated pursuant to the Commission guidance as sensitive unclassified non-safeguards information, referred to as security-related information ("SRI"), that is to be withheld from public disclosure under 10 CFR § 2.390. The information that is SRI is identified by braces " { } ". On the other hand, another version omits the SRI and is suitable for public disclosure. In the public version of the DCD, the SRI is replaced by designation "Security Related Information - Withheld Under 10 CFR 2.390".
This letter includes a copy of the proprietary and SRI included version (Enclosure 2), a copy of the non-proprietary and SRI excluded version (Enclosure 3), and the Affidavit of Atsushi Kumaki (Enclosure 1) which identifies the reasons MHI respectfully requests that all materials designated as "Proprietary" in Enclosure 2 be withheld from public disclosure pursuant to 10 CFR § 2.390 (a)(4).
Please contact Dr. C. Keith Paulson, Senior Technical Manager, Mitsubishi Nuclear Energy Systems, Inc. if the NRC has questions concerning any aspect of this submittal. His contact information is provided below.
Sincerely, Yoshiki Ogata, General Manager- APWR Promoting Department Mitsubishi Heavy Industries, LTD.
Enclosures
- 1. Affidavit of Atsushi Kumaki
- 2. CD 1: "Summary of Seismic and Accident Load Combinations for Primary Components and Piping" - Proprietary information and SRI included version
- 3. CD 2: "Summary of Seismic and Accident Load Combinations for Primary Components and Piping" - Non-Proprietary information and SRI excluded version The file contained in each CD is listed in Attachment 1 hereto.
CC: J. A. Ciocco C. K. Paulson Contact Information C. Keith Paulson, Senior Technical Manager Mitsubishi Nuclear Energy Systems, Inc.
300 Oxford Drive, Suite 301 Monroeville, PA 15146 E-mail: ck-paulson@mnes-us.com Telephone: (412) 373-6466
ENCLOSURE -1 Docket No.52-021 MHI Ref: UAP-HF-10360 MITSUBISHI HEAVY INDUSTRIES, LTD.
AFFIDAVIT I, Atsushi Kumaki, state as follows:
- 1. I am Group Manager, Licensing Promoting Group in APWR Promoting Department, of Mitsubishi Heavy Industries, LTD ("MHI"), and have been delegated the function of reviewing MHI's US-APWR documentation to determine whether it contains information that should be withheld from public disclosure pursuant to 10 CFR § 2.390 (a)(4) as trade secrets and commercial or financial information which is privileged or confidential.
- 2. In accordance with my responsibilities, I have reviewed the enclosed document entitled "Summary of Seismic and Accident Load Combinations for Primary Components and Piping" dated December 2010, and have determined that portions of the document contain proprietary information that should be withheld from public disclosure. Those pages containing proprietary information are identified with the label "Proprietary" on the top of the page and the proprietary information has been bracketed with an open and closed bracket as shown here " [ ] ". The first page of the document indicates that all information identified as "Proprietary" should be withheld from public disclosure pursuant to 10 CFR § 2.390 (a)(4).
- 3. The information identified as proprietary in the enclosed document has in the past been, and will continue to be, held in confidence by MHI and its disclosure outside the company is limited to regulatory bodies, customers and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and is always subject to suitable measures to protect it from unauthorized use or disclosure.
- 4. The basis for holding the referenced information confidential are as follows; A. They include the output of analyses used by mathematical models developed at significant cost to MHI, since it required the performance of detailed design calculations, supporting analyses and testing extending over several years. The information out of the analyses is not available in public sources and could not be gathered readily from other publicly available information. MHI knows of no way the information could be lawfully acquired by organizations or individuals outside of MHI.
B. They include the information that is provided to MHI pursuant to licensing agreements with third parties (the "Licensors") for MHI's use and under the obligation to maintain their confidentiality. Furthermore, MHI has an ownership interest in the referenced information by having paid significant sums of money to the Licensors for the rights to the intellectual property therein such that public disclosure of the materials would adversely affect MHI's competitive position.
- 5. The referenced information is being furnished to the Nuclear Regulatory Commission
("NRC") in confidence and solely for the purpose of information to the NRC staff.
- 6. The referenced information is not available in public sources and could not be gathered readily from other publicly available information. Other than through the provisions in paragraph 3 above, MHI knows of no way the information could be lawfully acquired by organizations or individuals outside of MHI.
- 7. Public disclosure of the referenced information would assist competitors of MHI in their design of new nuclear power plants without incurring the costs or risks associated with the design of the subject systems. Therefore, disclosure of the information contained in the referenced document would have the following negative impacts on the competitive position of MHI in the U.S. nuclear plant market:
A. Loss of competitive advantage due to the costs associated with development of the methodology of modeling and analysis for primary components and piping design.
Providing public access to such information permits competitors to duplicate or mimic the methodology without incurring the associated costs.
B. Loss of competitive advantage of the US-APWR created by benefits of enhanced plant safety, and reduced operation and maintenance costs associated with the primary components and piping.
I declare under penalty of perjury that the foregoing affidavit and the matters stated therein are true and correct to the best of my knowledge, information and belief.
Executed on this 28th day of December, 2010.
Atsushi Kumaki, Group Manager- Licensing Promoting Group in APWR Promoting Department Mitsubishi Heavy Industries, LTD.
Docket No.52-021 MHI Ref: UAP-HF-10360 ATTACHMENT- 1 FILES CONTAINED IN CDs CD 1: Technical Report, MUAP-09002-P Revision 2, "Summary of Seismic and Accident Load Combinations for Primary Components and Piping"
- Version containing Proprietary Information and Safety Related Information Contents of CD File Name Size Sensitivity Level MUAP-09002-PR2_Load Combination.pdf 2.5MB SRI included, Proprietary CD 2: Technical Report, MUAP-09002-NP Revision 2, "Summary of Seismic and Accident Load Combinations for Primary Components and Piping"
- Version not containing Proprietary Information and Safety Related Information Contents of CD File Name Size Sensitivity Level MUAP-09002-NPR2_Load Combination.pdf 1.5MB Non-SRI, Proprietary excluded