ML11188A070

Response to NRC Request for Additional Information from Reactor System Branch (Srxb) Concerning Retran Related to Extended Power Uprate (EPU) License Amendment Request (LAR) No. 205

ML11188A070
Person / Time
Site:	Turkey Point
Issue date:	06/21/2011
From:	Gresham J Westinghouse
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
LTR-NRC-11-30, TAC ME4907, TAC ME4908
Download: ML11188A070 (9)

Text

)W estinghouse Nuclear Services Westinghouse Electric Company 1000 Westinghouse Drive Cranberry Township, Pennsylvania 16066 USA U.S. Nuclear Regulatory Commission Direct tel: (412) 374-4643 Document Control Desk Direct fax: (724) 720-0754 11555 Rockville Pike e-mail: greshaja@westinghouse.com Rockville, MD 20852 LTR-NRC-1 1-30 June 21, 2011

Subject:

Turkey Point Units 3 and 4 - Response to NRC Request for Additional Information (RAI) from Reactor System Branch (SRXB) Concerning RETRAN Related to Extended Power Uprate (EPU) License Amendment Request (LAR) No. 205 (TAC Nos. ME 4907 and ME 4908)

(Proprietary)

Enclosed are copies of proprietary information for Turkey Point Units 3 and 4 - Response to NRC Request for Additional Information (RAI) from Reactor System Branch (SRXB) Concerning RETRAN Related to Extended Power Uprate (EPU) License Amendment Request (LAR) No. 205 (TAC Nos.

ME 4907 and ME 4908) (Proprietary) for use and information.

Also enclosed is:

1. One (1) copy of the Application for Withholding Proprietary Information from Public Disclosure, AW-1 1-3195 (Non-Proprietary), with Proprietary Information Notice and Copyright Notice.

2. One (1) copy of Affidavit (Non-Proprietary).

This submittal contains proprietary information of Westinghouse Electric Company LLC. In conformance with the requirements of 10 CFR Section 2.390, as amended, of the Commission's regulations, we are enclosing with this submittal an Application for Withholding Proprietary Information from Public Disclosure and an affidavit. The affidavit sets forth the basis on which the information identified as proprietary may be withheld from public disclosure by the Commission.

The subject material was prepared and classified as Westinghouse Proprietary Class 2. Westinghouse requests that the material be considered proprietary in its entirety. As such, a non-proprietary version will not be issued.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference AW-1 1-3195 and should be addressed to J. A. Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company LLC, Suite 428, 1000 Westinghouse Drive, Cranberry Township, Pennsylvania 16066.

Very truly yrs, J.A. Gresham., Manager Regulatory Compliance Enclosures 1.**

LTR-NRC- 11-30 bcc: J. A. Gresham C. B. Brinkman C. L. Olesky

UV# Westingh ouse Westinghouse Electric Company 1000 Westinghouse Drive Cranberry Township, Pennsylvania 16066 USA U.S. Nuclear Regulatory Commission Direct tel: (412) 374-4643 Document Control Desk Direct fax: (724) 720-0754 11555 Rockville Pike e-mail: greshaja@westinghouse.com Rockville, MD 20852 AW-1 1-3195 June 21, 2011 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

1) Turkey Point Units 3 and 4 Extended Power Uprate Critical Parameters for the Loss of Load Peak Reactor Coolant System (RCS) Pressure Case (Proprietary)

2) Response to RAI Regarding the RETRAN Input Deck Used in the LOL/TT Analysis for the Turkey Point EPU (Proprietary)

3) RETRAN Plant Model Nodalization Diagrams for LOL/TT Analysis for the Turkey Point EPU (Proprietary)

4) CD Titled, "Transmittal of the Turkey Point Units 3 & 4 Loss of Load/Turbine Trip Peak RCS Pressure Case RETRAN 3D Input Deck" (Proprietary)

Reference:

Letter from J. A. Gresham to Document Control Desk, LTR-NRC- 11-30, dated June 21, 2011 The Application for Withholding Proprietary Information from Public Disclosure is submitted by Westinghouse Electric Company LLC (Westinghouse), pursuant to the provisions of paragraph (b)(1) of Section 2.390 of the Commission's regulations. It contains commercial strategic information proprietary to Westinghouse and customarily held in confidence.

The proprietary information for which withholding is being requested is identified in the proprietary version of the subject material. In conformance with 10 CFR Section 2.390, Affidavit AW-1 1-3195 accompanies this Application for Withholding Proprietary Information from Public Disclosure, setting forth the basis on which the identified proprietary information may be withheld from public disclosure.

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

Correspondence with respect to the proprietary aspects of the application for withholding or the accompanying affidavit should reference AW- 11-3195 and should be addressed to J. A. Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company LLC, Suite 428, 1000 Westinghouse Drive, Cranberry Township, Pennsylvania 16066.

Rutier Regulatory Compliance Enclosures

AW-1 1-3195 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF BUTLER:

Before me, the undersigned authority, personally appeared J. A. Gresham, who, 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 Affidavit are true and correct to the best of his knowledge, information, and belief:

1JA.Gresham, Manager Regulatory Compliance Sworn to and subscribed before me this 21st day of June 2011 Notary Pbi COMMONWEALTH OF PENNSYLVANIA Notarial Seal Cynthia Olesky, Notary Public Manor Boro, Westmoreland County My Commission Expires July 16, 2014 "M-ti*M nnvlvanla Association of Notaries

2 AW-1 1-3195 (1) I am Manager, Regulatory Compliance, in Nuclear Services, Westinghouse Electric Company LLC (Westinghouse), 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 rule making proceedings, and am authorized to apply for its withholding on behalf of Westinghouse.

(2) 1 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 accompanying this Affidavit.

(3) 1 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 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 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 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

.Westinghouse 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 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

3 AW-1 1-3195 Westinghouse's competitors without license from Westinghouse 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 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 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 information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from 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 of the information.

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

4 AW-1 1-3195 (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, any one component 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.

(f) The 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 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 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 contained in:

1) Turkey Point Units 3 and 4 Extended Power Uprate Critical Parameters for the Loss of Load Peak Reactor Coolant System (RCS) Pressure Case (Proprietary)

2) Response to RAI Regarding the RETRAN Input Deck Used in the LOL/TT Analysis for the Turkey Point EPU (Proprietary)

3) RETRAN Plant Model Nodalization Diagrams for LOL/TT Analysis for the Turkey Point EPU (Proprietary)

4) CD Titled, "Transmittal of the Turkey Point Units 3 & 4 Loss of Load/Turbine Trip Peak RCS Pressure Case RETRAN 3D Input Deck" (Proprietary),

for submittal to the Commission, being transmitted by Westinghouse letter, LTR-NRC-1 1-30, and Application for Withholding Proprietary Information from Public

5 AW-11-3195 Disclosure, to the Document Control Desk for information and use. The proprietary information as submitted by Westinghouse may be used only for that purpose.

This information is part of that which will enable Westinghouse to:

(a) Provide input to the Nuclear Regulatory Commission for review of the Turkey Point Plant Model.

(b) Provide customer-specific calculations.

(c) Provide licensing support for customer submittals.

Further this information has substantial commercial value as follows:

(a) Westinghouse plans to sell the use of the information to its customers for the purpose of meeting NRC requirements for licensing documentation associated with performing accident analyses.

(b) Westinghouse can sell support and defense of the technology to its customer in the licensing process.

(c) The information requested to be withheld reveals the distinguishing aspects of a methodology which was developed by Westinghouse.

Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar information 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.

6 AW-1 1-3195 In order for competitors of Westinghouse to duplicate this information, 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.