ML12255A409

Request for Withholding Proprietary Information from Public Disclosure Related to Extended Power Uprate Technical Report

ML12255A409
Person / Time
Site:	Crystal River
Issue date:	09/13/2012
From:	Siva Lingam Plant Licensing Branch II
To:	Franke J Crystal River, FL
LINGAM, S P
References
TAC ME6527
Download: ML12255A409 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 13, 2012 Mr. Jon A. Franke, Vice President Crystal River Nuclear Plant (NA2C)

ATTN: Supervisor, Licensing & Regulatory Programs 15760 W. Power Line Street Crystal River, FL 34428-6708

SUBJECT:

CRYSTAL RIVER NUCLEAR PLANT, UNIT NO.3 - REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE RELATED TO EXTENDED POWER UPRATE TECHNICAL REPORT (TAC NO. ME6527)

Dear Mr. Franke:

By letter dated June 15, 2011, as supplemented by letters dated July 5,2011; August 11,2011 (two letters); August 18 and 25, 2011; October 11 and 25, 2011; December 15, 2011 (two letters); December 21,2011; January 5,2012 (two letters); January 19, 2012 (two letters);

January 31, 2012; March 19, 2012; March 22, 2012; April 4, 2012 (two letters); April 12, 2012; April 16, 2012; April 26, 2012; June 18,2012; June 29,2012; July 17, 2012 (two letters);

July 31,2012 (two letters): August 21,2012 (two letters); August 30,2012, and September 6, 2012, Florida Power Corporation, doing business as Progress Energy Florida, Inc., submitted a license amendment request for an extended power uprate to increase thermal power level from 2609 megawatts thermal (MWt) to 3014 MWt for Crystal River Unit 3 Nuclear Generating Plant. In your letter dated August 30, 2012, providing supplemental information, you requested that the AREVA NP Incorporated (AREVA NP) proprietary information included in Enclosures 3, 4 and 5 of this letter be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations, Part 2, Section 2.390 (10 CFR 2.390). An affidavit dated August 23,2012, executed by Gayle F. Elliott of AREVA NP, and included as Attachment B to your letter dated August 30, 2012, was provided requesting that information contained in the following documents be withheld from public disclosure pursuant to 10 CFR 2.390:

• Enclosure 3 of a letter dated August 30,2012 - "AREVA Calculation 32-9129875-001 - CR-3 Large Transient Testing Evaluation with OPT

[Digital Power Train] (Proprietary)."

• Enclosure 4 of a letter dated August 30,2012 - dAREVA Technical Report 51-9126992-000 - CR-3 Large Transient Testing AIS [Analytical Input Summary] (Proprietary)."

• Enclosure 5 of a letter dated August 30, 2012 - "AREVA Calculation 32-9128425-000 - CR-3 EPU Best-Estimate Loss of Offsite Power (LOOP) for Large-Transient Testing (Proprietary)."

A nonproprietary summary of the information provided in the above proprietary documents was provided in Attachment 7 of your letter dated June 15, 2011, which has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the NRC Library in the Agencywide Documents Access and Management System.

J. Franke -2 The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the reasons specified in the following paragraphs:

6 (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.

6 (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.

We have reviewed your application and material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the version of the information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our conSUltants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information. In all review Situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at 301-415-1564.

Sincerely,

~\f'~

Siva P. Lingam, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor licenSing Office of Nuclear Reactor Regulation Docket No. 50-302 cc: Ms. Gayle F. Elliott, Manager Product Licensing AREVA NP Inc.

3315 Old Forest Road Lynchburg, VA 24501 Additional Distribution via Listserv

J. Franke -2 The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the reasons specified in the following paragraphs:

6 (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.

6 (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.

We have reviewed your application and material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the version of the information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at 301-415-1564.

Sincerely, IRA!

Siva P. Lingam, Project Manager Plant licenSing Branch 1/-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-302 cc: Ms. Gayle F. Elliott, Manager Product Licensing AREVA NP Inc.

3315 Old Forest Road Lynchburg, VA 24501 Additional Distribution via Listserv DISTRIBUTION:

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