ML13239A015

Generation Plant - Request for Withholding of Proprietary Information from Public Disclosure Associated with Affidavit Executed on February 20, 2013, by Bradley F. Maurer of Westinghouse

ML13239A015
Person / Time
Site:	Monticello
Issue date:	09/30/2013
From:	Beltz T Plant Licensing Branch III
To:	Fili K Northern States Power Co
Beltz T
References
TAC MD9990
Download: ML13239A015 (3)

Text

UNITED STATES NUCLEAR .REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 30, 2013 Mrs. Karen D. Fili Site Vice President Monticello Nuclear Generating Plant Northern States Power Company - Minnesota 2807 West County Road 75 Monticello, MN 55362-9637 SUB..IECT: MONTICELLO NUCLEAR GENERATING PLANT (MNGP) - REQUEST FOR WITHHOLDING OF PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD9990) .

Dear Mrs. FiIi:

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated November 5, 2008 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML08~230111), Northern States Power Company - Minnesota (NSPM, the licensee), doing business as Xcel Energy, submitted an extended power uprate license amendment request to revise the MNGP Renewed Operating License and technical specifications to increase the maximum authorized licenses thermal power level from 1775 megawatts thermal (MWt) to 2004 MWt.

In a letter dated June 30,2010 (ADAMS Accession No. ML102010462), NSPM provided a supplement to the November 5,2008, application. The supplement provided detailed design and analysis results for a replacement steam dryer (RSD) for the IVINGP. In a December 21, 2012, letter, NSPM corrected reactor internal pressure differential information provided in the June 30,2010 supplement.

In a letter dated February 22, 2013 (ADAMS Accession No. ML130570029), NSPM submitted its response to NRC staff requests for additional information associated with the RSD review.

The submittal included, as Enclosure 3, an affidavit (CAW-13-3617) executed on February 20, 2013, by Bradley F. Maurer of Westinghouse Electric Company, LLC (Westinghouse). The affidavit was executed to support withholding Enclosure 1 from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390. The affidavit stated that Enclosure 1 should be considered exempt because it contains:

a. Information that reveals the distinguishing aspects of a process (or component, structure, tooi, method, etc.) where prevention of its use by Westinghouse competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

b. 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.

K. D. Fili -2

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 licen'sing of a similar product.

We have reviewed the Westinghouse affidavit in accordance with the requirements of 10 CFR 2.390 and, on the basis of its statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, Enclosure 1, which is 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. of the February 22, 2013, submittal was provided as a non-proprietary version of , and was released to the public.

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 deterrnination in the future, for example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the !\IRC 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 301-415-3049.

Sincerely,

~~..l-.I./L---

, Terry A. Beltz, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263 cc: . J. A. Gresham, Manager Regulatory Compliance Westinghouse Electric Company, LLC Suite 428 .

1000 Westinghouse Drive Cranberry Township, PA 16066 Additional Distribution via ListServ

K. D. Fili -2

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 of a similar product.

We have reviewed the Westinghouse affidavit in accordance with the requirements of 10 CFR 2.390 and, on the basis of its statements, have determined that the submitted information .

sought to be withheld contains proprietary commercial information and should be withheld from public di!?closure. Therefore, Enclosure 1, which is marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section '1 03(b) of the Atomic Energy Act of 1954, as amended, of the February 22, 2013, submittal was provided as a non-proprietary version of , and was released to the public.

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 301-415-3049.

Sincerely, IRAJ .

Terry A. Beltz, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263 cc: J. A, Gresham, Manager' Regulatory Compliance Westinghouse Electric Company, LLC, Suite 428 1000 Westinghouse Drive Cranberry Township, PA 16066 Additional Distribution via UstServ DISTRIBUTION PUBLIC RidsNrrDorlLpl3-1 Resource RidsNrrPMMonticelio Resource RidsNrrLAMHenderson Resource RidsAcrsAcnw_MailCTR Resource RidsNrrDeEmcb Resource RidsRgn3MailCenter Resource RidsNrrDoriDpr Resource C. Basavaraju, NRR LPL3-1 RlF ADAMS Accession No.: ML13239A015 OFFICE LPL3-1/PM LPL3-1/LAiT LPL3-1/LA EMCB/BC LPL3-1/BC NAME TBeltz MHenderson SRohrer AMcMurtray RCarlson DATE 09/16/13 09/03/13 09/05/13 09/19/13 09/30/13 OFFICIAL RECORD COpy