ML13086A034

MF0345-Proprietary Information Determination Letter to Licensee Submission Dated November 21, 2012 (Proprietary Information Determination Letter)

ML13086A034
Person / Time
Site:	Nine Mile Point
Issue date:	04/16/2013
From:	Bhalchandra Vaidya Plant Licensing Branch 1
To:	Costanzo C Nine Mile Point
Vaidya B, NRR/DORL/LPL1-1, 415-3308
References
TAC MF0345
Download: ML13086A034 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 16, 2013 Mr. Christopher A. Costanzo Vice President Nine Mile Point Nine Mile Point Nuclear Station, LLC P. O. Box 63 Lycoming, NY 13093

SUBJECT:

NINE MILE POINT NUCLEAR STATION, UNIT NO.2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE RE:

RESPONSES TO REQUESTS FOR ADDITIONAL INFORMATION DATED NOVEMBER 21,2012 (TAC NO. MF0345)

Dear Mr. Costanzo:

By letter dated November 21, 2012 (Agencywide Documents Access and Management System (ADAMS) Package Accession No. ML123380348,), Nine Mile Point Nuclear Station, LLC (the licensee) submitted the following affidavit executed by Christine King, Director of Nuclear Fuels and Chemistry at Electric Power Research Institute, Inc. (EPRI), 3420 Hillview Avenue, Palo Alto, CA94304:

(1) Affidavit dated November 5,2012, regarding Responses to Requests for Additional Information (Attachment 6 to the Enclosure ),

Additionally, by the letter dated November 21, 2012, in Attachment 6, the licensee submitted the following affidavit executed by Edward D. Schrull, PE, Vice President, Regulatory Affairs, Services Licensing, of GE-Hitachi Nuclear Energy Americas LLC (GEH):

(2) Affidavit dated November 6, 2012, regarding Attachment A of GEH letter, 315497-11, "Pressure Temperature Curve Request (RAI Responses)," dated November 6,2012. The GEH proprietary information in Attachment A, which is entitled "Pressure Temperature Curve Request (RAI Responses),"

By letter dated March 25,2013 (ADAMS Accession No. ML13091A040), the licensee submitted a revised affidavit dated February 8, 2013, executed by Mr. Neil Wilmshurst, Vice president and Chief Nuclear Officer, EPRI, 1300 W WT Harris Blvd, Charlotte, NC28262-8550, that superseded the affidavit in (1) above.

The affidavits requested that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390(a)(4):

The CENG Letter to NRC, dated November 21,2012, Nine Mile Point Nuclear Station, Unit No.2; Docket No. 50-410, License Amendment Request Pursuant to 10 CFR 50.90:

Relocation of Pressure and Temperature Limit Curves to the Pressure and Temperature Limits Report, Attachment 6 to the Enclosure.

C. A. Costanzo -2 The affidavit from EPRI stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

c. The information sought to be withheld is considered to be proprietary for the following reasons. EPRI made a substantial economic investment to develop the Report, and by prohibiting public disclosure, EPRI derives an economic benefit in form of licensing royalties and other additional fees from the confidential nature of the Report. If the Report and the proprietary information were publicly available to consultants and/or other businesses providing services in the electric and/or nuclear power industry, they would be able to use the Report for their own commercial benefit and profit and without expending the substantial economic resources required of EPRI to develop the Report.

The affidavit from GEH stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(8) The information identified in paragraph (2), above, is classified as proprietary because it contains the detailed GEH methodology for pressure-temperature curve analysis for the GEH Boiling Water Reactor (BWR). These methods, techniques, and data along with their application to the design, modification, and analyses associated with the pressure-temperature curves were achieved at a significant cost to GEH.

The development of the evaluation processes along with the interpretation and application of the analytical results is derived from the extensive experience databases that constitute a major GEH asset.

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

Therefore, the submitted information in Attachment 6 of the submission, 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. Please note that contrary to the reason (c) stated in the affidavit from EPRI, the entire Report will not be withheld from public disclosure.

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 Nuclear Regulatory Commission (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.

C. A. Costanzo -3 A Nonproprietary version of Attachment 6 of the licensee submittal (Attachment 4 of the licensee's submittal, ADAMS Accession No. ML123380336) has been placed in the NRC's Public Document Room and added to the ADAMS Public Electronic Reading Room.

If you have any questions regarding this matter, I may be reached at 301-415-3308.

Sincerely, Bhalchandra K. Vaidya, Project Manager Plant licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-410 cc:

(1) Mr. Neil Wilmshurst, Vice president and Chief Nuclear Officer, Electric Power Research Institute, Inc. (EPRI),

1300 W WT Harris Blvd, Charlotte, NC28262-8550 (2) Edward D. Schrull, PE Vice President, Regulatory Affairs Services licensing GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Rd.

Wilmington, NC 28401 Additional Distribution via Listserv

C. A. Costanzo -3 A Nonproprietary version of Attachment 6 of the licensee submittal (Attachment 4 of the licensee's submittal, ADAMS Accession No. ML123380336) has been placed in the NRC's Public Document Room and added to the ADAMS Public Electronic Reading Room.

If you have any questions regarding this matter, I may be reached at 301-415-3308.

Sincerely, Ira!

Bhalchandra K. Vaidya, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-410 cc:

(1) Mr. Neil Wilmshurst, Vice president and Chief Nuclear Officer, Electric Power Research Institute, Inc. (EPRI),

1300 W WT Harris Blvd, Charlotte, NC28262-8550 (2) Edward D. Schrull, PE Vice President, Regulatory Affairs Services Licensing GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Rd.

Wilmington, NC 28401 Additional Distribution via Listserv DISTRIBUTION:

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