ML11195A067
| ML11195A067 | |
| Person / Time | |
|---|---|
| Site: | Catawba  (NPF-035, NPF-052) |
| Issue date: | 07/11/2011 |
| From: | Morris J Duke Energy Carolinas, Duke Energy Corp |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| TS 3.4.13, TS 5.5.9, TS 5.6.8 | |
| Download: ML11195A067 (12) | |
Text
Duke JAMES R. MORRIS Energy Vice President Duke Energy Corporation Catawba Nuclear Station 4800 Concord Road York, SC 29745 803-701-4251 803-701-3221 fax July 11, 2011 10 CFR 50.90 U.S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, D.C. 20555
Subject:
Duke Energy Carolinas, LLC (Duke Energy)
Catawba Nuclear Station, Units 1 and 2 Docket Numbers 50-413 and 50-414 Proposed Technical*Specifications (TS) Amendment TS 3.4.13, "RCS Operational LEAKAGE" TS 5.5.9, "Steam Generator (SG) Program" TS 5.6.8, "Steam Generator (SG) Tube Inspection Report" License Amendment Request to Revise TS for Permanent Alternate Repair Criteria
Reference:
Letter from Duke Energy to NRC, same subject, dated June 30, 2011 The reference letter requested an amendment to Catawba Facility Operating Licenses NPF-35 and NPF-52 and the subject TS. The proposed amendment constitutes a redefinition of the SG tube primary to secondary pressure boundary for Unit 2 and defines the safety significant portion of the tube that must be inspected or plugged. The technical justification for the amendment request is based in part on Westinghouse WCAP-17330-P, Rev. 1, "H*: Resolution of NRC Technical Issue Regarding Tubesheet Bore Eccentricity (Model F/Model D5)".
On July 6, 2011, Westinghouse issued letter LTR-SGMP-1 1-58, "WCAP-17330-P, Revision 1 Erratum". This letter indicated that on page 3-64 of this report, a transposition of numbers was incorrectly included on Table 3-30 in the Model D5 section of the table. The non-proprietary version of the report was unaffected, as all numbers in the table are redacted in the non-proprietary version of the report.
The purpose of this amendment request supplement is to transmit a copy of Westinghouse letter LTR-SGMP-1 1-58.
www. duke-energy. com
U.S. Nuclear Regulatory Commission Page 2 July 11, 2011 This supplement retransmits a copy of Westinghouse Authorization Letter CAW-11-3172 with Accompanying Affidavit, Proprietary Information Notice, and Copyright Notice (Attachment 1), which was originally transmitted to request withholding for WCAP-17330-P, Rev. 1, and it transmits a copy of Westinghouse letter LTR-SGMP-1 1-58 (Attachment 2).
As Attachment 2 contains information proprietary to Westinghouse Electric Company LLC, it is supported by the affidavit signed by Westinghouse, the owner of the information. The affidavit sets forth the basis on which the information may be withheld from public disclosure by the NRC and addresses with specificity the considerations listed in paragraph (b)(4) of 10 CFR 2.390.
Accordingly, it is requested that the information that is proprietary to Westinghouse be withheld from public disclosure in accordance with 10 CFR 2.390. Correspondence with respect to the copyright or proprietary aspects of the information listed above or the supporting Westinghouse affidavit should reference the applicable CAW letter and should be addressed to J.A. Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company, LLC, Westinghouse Electric Company LLC, Suite 428, 1000 Westinghouse Drive, Cranberry Township, PA 16066.
The original technical and regulatory evaluations provided in support of the proposed amendment are unchanged as a result of this supplement.
There are no regulatory commitments contained in this letter.
In accordance with 10 CFR 50.91, Duke Energy is notifying the State of South Carolina of this license amendment request supplement by transmitting a copy of this letter (minus Attachment 2) to the designated state official.
Should you have any questions concerning this information, please contact L.J.
Rudy at (803) 701-3084.
Very truly yours, James R. Morris LJR/s Attachments
U.S. Nuclear Regulatory Commission Page 3 July 11, 2011 James R. Morris affirms that he is the person who subscribed his name to the foregoing statement, and that all the matters and facts set forth herein are true and correct to the best of his knowledge.
J s R. Morris, Vice President Subscribed and sworn to me:
Notary P a/-
te d
Date My commission expires:
7 AO Z-2 Date 1,
SEAL
U.S. Nuclear Regulatory Commission Page 4 July 11, 2011 xc (with attachments):
V.M. McCree Regional Administrator U.S. Nuclear Regulatory Commission - Region II Marquis One Tower 245 Peachtree Center Ave., NE Suite 1200 Atlanta, GA 30303-1257 G.A. Hutto, III Senior Resident Inspector (CNS)
U.S. Nuclear Regulatory Commission Catawba Nuclear Station J.H. Thompson (addressee only)
NRC Project Manager (CNS)
U.S. Nuclear Regulatory Commission One White Flint North, Mail Stop 8-G9A 11555 Rockville Pike Rockville, MD 20852-2738 xc (minus Attachment 2):
S.E. Jenkins Manager Radioactive and Infectious Waste Management Division of Waste Management South Carolina Department of Health and Environmental Control 2600 Bull St.
Columbia, SC 29201
ATTACHMENT 1 Westinghouse Authorization Letter CAW-1 1-3172 with Accompanying Affidavit, Proprietary Information Notice, and Copyright Notice (WCAP-17330-P, Rev. 1)
L Westinghouse Westinghouse Electric Company Nuclear Services 1000 Westinghouse Drive Cranberry Township, PA 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 Proj letter: DPC-11-40 CAW-1 1-3172 June 6, 2011 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
WCAP-17330-P, Revision 1, "H*: Resolution of NRC Technical Issue Regarding Tubesheet Bore Eccentricity (Model F/Model D5)" (Proprietary)
The proprietary information for which withholding is being requested in the above-referenced report is further identified in Affidavit CAW-11-3172 signed by the owner of the proprietary information, Westinghouse Electric Company LLC. The affidavit, which accompanies this letter, sets forth the basis on which the information may be withheld 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 Duke Energy.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-11-3172, and should be addressed to J. A. Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company LLC, Suite 428, 1000 Westinghouse Drive, Cranberry Township, PA 16066.
Very truly yours, J. A. Gresham, Manager Regulatory Compliance Enclosures
CAW-1 1-3172 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:
A. Gresham, Manager Regulatory Compliance Sworn to and subscribed before me this 6th day of June 2011 Ntary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Cynthia Olesky, Notary Public Manor Boro, Westmoreland County My Commission Expires July 16, 2014 Member. Pennsv~vanla Association of Notaries
2 CAW-1 1-3172 (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)
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 accompanying 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 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 CAW-11-3172 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 CAW-1 1-3172 (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 appropriately marked in WCAP-17330-P, Revision 1, "H*: Resolution of NRC Technical Issue Regarding Tubesheet Bore Eccentricity (Model F/Model D5)" (Proprietary), dated June 2011, for submittal to the Commission, being transmitted by Duke Energy Letter and Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk. The proprietary information as submitted by Westinghouse for Catawba Unit 2, is that associated with the technical justification of the H* Alternate Repair Criteria for hydraulically expanded steam generator tubes and may be used only for that purpose.
5 CAW-1 1-3172 This information is part of that which will enable Westinghouse to:
(a)
License the H* Alternate Repair Criteria.
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 licensing the H* Alternate Repair Criteria.
(b)
Westinghouse can sell support and defense of the H* criteria.
(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 technical justification 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 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.
PROPRIETARY INFORMATION NOTICE Transmitted herewith are proprietary and/or non-proprietary versions of documents furnished to the 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 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 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 lower case 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 this transmittal 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 the number of copies of the information contained in these reports which are necessary for its internal use in connection with generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 2.390 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection notwithstanding. With respect to the non-proprietary versions of these reports, the NRC is permitted to make the number of copies beyond those necessary for its internal use which are necessary in order to have one copy available for public viewing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as may be required by NRC regulations if the number of copies submitted is insufficient for this purpose. Copies made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.