LIC-12-0033, Submittal of Fire Dynamic Simulator (FDS) Input Files in Response to NRC NFPA 805 Transition License Amendment Request Audit Team Request at Fort Calhoun Station
| ML12083A147 | |
| Person / Time | |
|---|---|
| Site: | Fort Calhoun  |
| Issue date: | 03/20/2012 |
| From: | Bannister D Omaha Public Power District |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| LIC-12-0033, CAW-12-3443 | |
| Download: ML12083A147 (11) | |
Text
Proprietary -- WITHHOLD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390 contains Proprietary information.
Upon removal of Enclosure 1, this letter is Decontrolled.
Omaha Public Power Disrct 444 South 16'h Street Mall Omaha, NE 68102-2247 LIC-12-0033 March 20, 2012 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D.C. 20555-0001
References:
SUBJECT:
1.
2.
Docket No. 50-285 Letter from OPPD (J. A. Reinhart) to NRC (Document Control Desk),
License Amendment Request (LAR) 10-07, Proposed Changes to Adopt NFPA 805, Performance-Based Standard for Fire Protection for Light Water Reactor Generating Plants (2001 Edition) at Fort Calhoun Station, dated September 28, 2011 (LIC-1 1-0099)(ML11276A118)
Submittal of Fire Dynamic Simulator (FDS) Input Files in Response to NRC NFPA 805 Transition License Amendment Request Audit Team Request at Fort Calhoun Station The Nuclear Regulatory Commission (NRC) performed an audit of the Fort Calhoun Station (FCS), Unit No. 1, License Amendment Request (LAR) 10-07 for adopting National Fire Protection Association (NFPA) 805, Performance-Based Standard for Fire Protection for Light Water Reactor Generating Plants (2001 Edition), from March 5 - 9, 2012. During the on-site audit of Reference 2, the NRC audit team lead, Mr. Alex Klein, requested the fire dynamic simulator (FDS) input files in electronic format so the NRC audit team members could run the files on the NRC's computer to support their assessment. Since this information is proprietary to Westinghouse, it required Westinghouse to provide an affidavit attesting to the proprietary nature of the document prior to submitting it to the NRC.
Westinghouse was unable to provide the affidavit in time for the Omaha Public Power District (OPPD) to provide the FDS input files to the NRC NFPA 805 audit team during the site visit. The NRC indicated that a request for additional information (RAI) would be submitted to OPPD requesting the FDS input files.
Employment with Equal Opportunity
Proprietary -- WITHHOLD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390 contains Proprietary information.
Upon removal of Enclosure 1, this letter is Decontrolled.
U. S. Nuclear Regulatory Commission LIC-12-0033 Page 2 contains the requested input files in electronic format (*.fds) for the FDS runs that were conducted for FCS. These files are contained on a compact disk (CD) provided as Enclosure 1.
Please note that Enclosure 1 contains information that is proprietary to Westinghouse and should be withheld from public disclosure in accordance with 10 CFR Section 2.390 of the Commission's regulations as delineated in Enclosure 2.
There are no regulatory commitments in this letter.
If you should have any questions regarding this letter, or require additional information, please contact Mr. Bill R. Hansher, Supervisor - Nuclear Licensing, at 402-533-6894.
Sincerely, Site Vice President and CNO DJB/BJVS/dll
Enclosures:
- 1. Fire Dynamic Simulator Input (Proprietary) (compact disc)
- 2. CAW-12-3443, "Application for Withholding Proprietary Information from Public Disclosure," dated March 14, 2012 c:
E. E. Collins, Jr., NRC Regional Administrator, Region IV (w/o Enclosures)
L. E. Wilkins, NRC Project Manager (w/Enclosures)
J. C. Kirkland, NRC Senior Resident Inspector (w/o Enclosures)
Director of Consumer Health Services, Department of Regulation and Licensure, Nebraska Health and Human Services, State of Nebraska (w/o Enclosures)
Proprietary - WITHHOLD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390 contains proprietary information.
Upon removal of Enclosure 1, this letter is Decontrolled.
LIC-12-0033 Enclosure I Page 1 Omaha Public Power District Fort Calhoun Station NFPA 805 Transition License Amendment Request 10-07 NRC Audit Request Fire Dynamic Simulator Input
[Enclosure to Westinghouse letter CAW-12-3443]
(compact disk)
Proprietary - WITHHOLD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390 contains proprietary information.
Upon removal of Enclosure 1, this letter is Decontrolled.
Proprietary - WITHHOLD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390 contains proprietary information.
Upon removal of Enclosure 1, this letter is Decontrolled.
LIC-12-0033 Page 1 CAW-12-3443 "Application for Withholding Proprietary Information from Public Disclosure"
[7 Pages]
BWestinghouse Westinghouse Electric Company Nuclear Services 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 Proj letter: CFTC-12-29 CAW-12-3443 March 14, 2012 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
Submittal of Compact Disc Containing Fire Dynamic Simulator Input (Proprietary)
The proprietary information for which withholding is being requested is contained on the enclosed compact disc (CD) and is further identified in Affidavit CAW-12-3443 signed by the owner of the proprietary information, Westinghouse Electric Company LLC. The NRC requested the subject information during an audit associated with Omaha Public Power District's NFPA-805 License Amendment Request for the Fort Calhoun Station. 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.
The subject information was prepared and classified as Westinghouse Proprietary Class 2. Westinghouse requests that the information be considered proprietary in its entirety. As such, a non-proprietary version will not be issued.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by Omaha Public Power District..
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference CAW-12-3443, and should be addressed to J. A. Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company, Suite 428, 1000 Westinghouse Drive, Cranberry Township, Pennsylvania 16066.
Very truly yours, J A Gresham, Manager Regulatory Compliance Enclosures
CAW-12-3443 AFFIDAVIT STATE OF CONNECTICUT:
COUNTY OF HARTFORD:
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:
J. A. Gresham, Manager Regulatory Compliance Sworn to ad subscribed before me this AZIday of 2012 Sub and S4Wo f~oleie me, a Notary Pub'c lin and for County of Hadfrd and Stae of Connecticut, this day of JOAN.GRAY Notary Public My Commission Expires January 31, 2017
2 CAW-12-3443 (1) 1 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)
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 riot 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-12-3443 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-12-3443 (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 on the compact disc (proprietary) enclosure of letter CAW-12-3443, "Submittal of Compact Disc Containing Fire Dynamic Simulator Input," dated March 14, 2012, for submittal to the Commission, being transmitted by Omaha Public Power District's letter and Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk. The proprietary information as submitted by Westinghouse is that associated with Omaha Public Power District's NFPA-805 License Amendment Request for the Fort Calhoun Station, and may be used only for that purpose.
5 CAW-12-3443 This information is part of that which will enable Westinghouse to:
(a)
To support review and approval of the NFPA-805 License Amendment Request for the Fort Calhoun Station.
Further this information has substantial commercial value as follows:
(a)
Westinghouse plans to sell the use of similar information to its customers for the purpose of implementing NFPA-805 fire protection programs.
(b)
Westinghouse can sell support and defense of NFPA-805 License Amendment Requests.
(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 evaluation justifications 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 is the proprietary version of information furnished to the NRC in connection with requests for generic and/or plant-specific review and approval. The information is to be considered proprietary in its entirety.
COPYRIGHT NOTICE The information transmitted herewith bears a Westinghouse copyright notice. The NRC is permitted to make the number of copies of the information which is 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.
Copies made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.