ML14029A039

Request for Withholding Information from Public Disclosure License Amendment Request Pursuant to 10 CFR 50.90: Maximum Extended Load Line Limit Analysis Plus, Dated November 1, 2013

ML14029A039
Person / Time
Site:	Nine Mile Point
Issue date:	03/05/2014
From:	Bhalchandra Vaidya Plant Licensing Branch 1
To:	Costanzo C Nine Mile Point
Vaidya B, NRR/DORL/LPL1-1, 415-3308
References
TAC MF3056
Download: ML14029A039 (5)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 5, 2014 Mr. Christopher A. Costanzo Vice President Nine Mile Point Nine Mile Point Nuclear Station, LLC P. 0. Box 63 Lycoming, NY 13093

SUBJECT:

NINE MILE POINT NUCLEAR STATION, UNIT NO.2- REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE RE: LICENSE AMENDMENT REQUEST PURSUANT TO 10 CFR 50.90: MAXIMUM EXTENDED LOAD LINE LIMIT ANALYSIS PLUS, DATED NOVEMBER 1, 2013 (TAC NO. MF3056)

Dear Mr. Costanzo:

By letter dated November 1, 2013 (Agencywide Documents Access and Management System (ADAMS) Package Accession No. ML13316B090), Nine Mile Point Nuclear Station, LLC (the licensee) submitted the following two affidavits:

1. Executed by Russell M. Fawcett, Manager, Core, Fuel and Advanced Design, Global Nuclear Fuel -Americas, LLC (GNF-A), Global Nuclear Fuel -Americas, LLC, Castle Hayne Road, Wilmington, ~C 28402 on August 28, 2013, and

2. Executed by Peter M. Yandow, Manager, Nuclear Plant Projects[NPP]/Services

. Licensing, Regulatory Affairs, GE-Hitachi Nuclear Energy Americas, LLC (GEH), 3901 Castle Hayne Road, Wilmington, NC 28401, on October 17, 2013.

The affidavit from Mr. Fawcett requested that the information contained in the following documents 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 information sought to be withheld is contained in GNF-A proprietary report GNF-0000-0156-7490-RO-P, entitled GNF Additional Information Regarding the Requested Changes to the Technical Specification SLMCPR, Revision 0, August 26, 2013.

The information identified in the affidavit is contained in Attachment 11 (ADAMS Accession No. ML13316B115) of the CENG Letter to NRC, dated November 1, 2013, Nine Mile Point Nuclear Station, Unit No. 2; Renewed Facility Operating License No. NPF-69, Docket No. 50-410,

" "License Amendment Request Pursuant to 10 CFR 50.90: Maximum Extended Load Line Limit Analysis Plus (TAC No. MF3056)".

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

(4) Some examples of categories of information that fit into the definition of proprietary information are:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-A's competitors without license from GNF-A constitutes a competitive economic advantage over other companies;

b. Information that, if used by a competitor, would reduce his expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product; The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs (4)a. and (4)b above.

(8) The information identified in paragraph (2), [above of the affidavit], is classified as proprietary because it contains the details of GNF-A's fuel design and licensing methodology. The development of this methodology, along with the testing, development and approval was achieved at a significant cost to GNF-A or its licensor.

The development of the fuel design and licensing methodology along with the interpretation and application of the analytical results is derived from an extensive experience database that constitutes a major GNF-A asset.

The affidavit from Mr. Yandow requested that the information contain-ed 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 information sought to be withheld is contained in GEH proprietary report NEDC-33576P, "Safety Analysis Report for Nine Mile Point Unit 2 Maximum Extended Load Line Limit Analysis Plus," Revision 0, dated October 2013, The information identified in the affidavit is contained in Attachment 10 (ADAMS Accession No. ML133168113) of the CENG Letter to NRC, dated November 1, 2013, Nine Mile Point Nuclear Station, Unit No. 2; Renewed Facility Operating License No. NPF-69, Docket No. 50-410, "License Amendment Request Pursuant to 10 CFR 50.90: Maximum Extended Load Line Limit Analysis Plus (TAC No. MF3056)".

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

(4) The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs (4)a. and (4)b. Some examples of categories of information that fit into the definition of proprietary information are:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEH's competitors without license from GEH constitutes a competitive economic advantage over other companies;

b. Information that, if used by a competitor, would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product; (8) The information identified in paragraph (2) is classified as proprietary because it contains detailed results and conclusions regarding supporting evaluations of the safety-significant changes necessary to demonstrate the regulatory acceptability of the Maximum Extended Load Line Limit Analysis Plus analysis for a GEH Boiling Water Reactor ("BWR"). The analysis utilized analytical models and methods, including computer codes, which GEH has developed, obtained NRC approval of, and applied to perform evaluations of Maximum Extended Load Line Limit Analysis Plus for a GEH BWR.

The development of the evaluation processes along with the interpretation and application of the analytical results is de-rived from the extensive experience and information databases that constitute major GEH assets.

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 Attachments 10 and 11 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.

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

C. A. Costanzo NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

The Nonproprietary versions of Attachments 10 and 11 of the licensee submittal (Attachments 8 and 9 of the licensee's submittal, ADAMS Accession Nos. ML133168109 and ML133168110,

• respectively) have 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) Russell M. Fawcett, Manager, Core, Fuel and Advanced Design, Global Nuclear Fuel -Americas, LLC, Castle Hayne Road, Wilmington, NC 28402 (2) Peter M. Yandow, Manager, Nuclear Plant Projects/Services Licensing, Regulatory Affairs, GE-Hitachi Nuclear Energy Americas, LLC, 3901 Castle Hayne Road, Wilmington, NC28401 Additional Distribution via Listserv

ML133168109 and ML133168110, respectively) have 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,

/RAJ Bhalchandra K. Vaidya, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-41 0 cc:

(1) Russell M. Fawcett, Manager, Core, Fuel and Advanced Design, Global Nuclear Fuel -Americas, LLC, Castle Hayne Road, Wilmington, NC 28402 (2) Peter M. Yandow, Manager, Nuclear Plant Projects/Services Licensing, Regulatory Affairs, GE-Hitachi Nuclear Energy Americas, LLC, 3901 Castle Hayne Road, Wilmington, NC 28401 Additional Distribution via Listserv DISTRIBUTION:

PUBLIC LPL1-1 R/F RidsNrrDssStsb Resource RidsNrrDorllp11-1 Resource RidsNrrLAKGoldstein Resource RidsNrrPMNineMilePoint Resource RidsRgn1 MaiiCenter Resource RidsAcrsAcnw_MaiiCTR Resource RidsNrrDssSrxb Resource RidsNrrDssSnpb Resource RidsNrrDssEicb Resource RidsNrrDssScvb Resource DSchroeder, Region 1 ADAMS Accession No* ML14029A039 (*)by email OFFICE NRR/LPL1-1\PM NRR/LPL 1-1\LA NRRISRXB/BC NRR/SNPB/BC(A(*)) NRR/EICB/BC(*) N RR/ARCB/BC(*)

NAME BVaidya KGoldstein CJackson JDean JThorp US hoop DATE 02/03/14 02/03/14 02/27/14 02/27/14 02/03/14 02/12/14 OFFICE NRR/SCVB/BC(*) NRR/STSB/BC NRR/LPL 1-1/BC NRR/LPL 1-1\PM NAME RDennig REIIiott BBeasley BVaidya (NKaripeni for)

DATE 02/28/14 02/03/14 03/04/14 03/05/14