SBK-L-14053, Response to Request for Additional Information for License Amendment Request 11-04, Changes to Technical Specifications for New Fuel Vault
| ML14078A057 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 03/13/2014 |
| From: | Walsh K NextEra Energy Seabrook |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| SBK-L-14053 | |
| Download: ML14078A057 (9) | |
Text
Proprietary Information Withhold from public disclosure under 10 CFR 2.390 NExTera March 13, 2014 10 CFR 2.390 10 CFR 50.90 SBK-L-14053 Docket No. 50-443 U. S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555-0001 Seabrook Station Response to Request for Additional Information for License Amendment Request 11-04, Changes to Technical Specifications for New Fuel Vault
References:
- 1. NextEra Energy Seabrook, LLC letter SBK-L- 11245, "License Amendment Request I1-04, Changes to the Technical Specifications for New and Spent Fuel Storage," January 30, 2012 (ML12038A036)
- 2. NRC letter "Seabrook Station, Unit No. I - Supplemental Information Needed for Acceptance of Requested Licensing Action Regarding License Amendment Request 11-04, Changes to the Technical Specifications for New and Spent Fuel Storage (TAC No.
ME7946)," March 30, 2012 (ML120730270)
- 3. NextEra Energy Seabrook, LLC letter SBK-L-12099, "Supplement to LAR 11-04, Changes to the Technical Specifications for New and Spent Fuel Storage," May 10, 2012 (ML12136A126)
- 4. NRC Letter "Seabrook Station, Unit No. I - Request for Additional Information Regarding License Amendment Request 11-04, Changes to Technical Specifications for New and Spent Fuel Storage (TAC No. ME8688)," July 24, 2012 (ML12192A232)
- 5. NextEra Energy Seabrook, LLC letter SBK-L-12199, "Response to Request for Additional Information Regarding License Amendment Request 11-04, Changes to Technical Specifications for New and Spent Fuel Storage," September 20, 2012 (ML12271A276)
Enclosure I of This Letter Contains Proprietary Information Withhold from public disclosure under 10 CFR 2.390 NextEra Energy Seabrook, LLC.
626 Lafayette Rd, Seabrook, NH 03874
U.S. Nuclear Regulatory Commission SBK-L-14053/Page 2
- 6. NRC Letter "Seabrook Station, Unit No. 1 - Request for Additional Information Regarding License Amendment Request 11-04, Changes to Technical Specifications for New and Spent Fuel Storage (TAC No. ME8688)," December 5, 2012 (ML12270A423)
- 7. NextEra Energy Seabrook, LLC letter SBK-L-13061, "Response to December 2012 Request for Additional Information Regarding License Amendment Request 11-04, Changes to Technical Specifications for New and Spent Fuel Storage," March 27, 2013 (ML13099A022)
- 8. NextEra Energy Seabrook, LLC letter SBK-L-13224, "Request for Review and Approval of License Amendment Request (LAR) 11-04, Changes to Technical Specifications for New and Spent Fuel Storage, in Two Parts," December 20, 2013 (ML13360A645)
- 9. NRC letter "Seabrook Station, Unit No. 1 - Request for Additional Information for License Amendment Request 11-04, Changes to Technical Specifications for Spent Fuel Storage (TAC No. 8688)," January 8, 2014 (ML13268A468)
- 10. NextEra Energy Seabrook, LLC letter SBK-L- 14018, "Response to Request for Additional Information for License Amendment Request 11-04, Changes to Technical Specifications for Spent Fuel Storage," January 29, 2014 (ML14035A218)
- 11. NRC letter "Seabrook Station, Unit No. I - Request for Additional Information for License Amendment Request 11-04, Changes to Technical Specifications for New Fuel Vault (TAC No. MF3283)," January 8, 2014 (ML13364A253)
In Reference 1 and supplemented by References 3, 5, 7, and 10, NextEra Energy Seabrook, LLC (NextEra) submitted a request for an amendment to the Technical Specifications (TS) for Seabrook Station. The proposed change would revise the TS for new and spent fuel storage as the result of new criticality analyses for the new fuel vault and the spent fuel pool. In Reference 8, NextEra requested that the spent fuel pool and new fuel vault portions of the license amendment request (LAR) be separated into two LARs.
In Reference 11, the NRC staff requested additional information in order to complete its review of the portion of the LAR related to the new fuel vault. Enclosure 1 to this letter contains NextEra's response to the request for additional information. This response does not modify the changes to the TS as previously proposed and does not alter the conclusion in Reference 1 that the changes do not present a significant hazards consideration. contains information proprietary to Holtec International and is supported by an affidavit in Enclosure 2, Affidavit Pursuant to 10 CFR 2.3 90 (Holtec Document ID 2064-AFFI-04). The affidavit is signed by Holtec International, the owner of the information, and sets forth the basis on which the information may be withheld from public disclosure and addresses with specificity the considerations listed in paragraph (b) (4) of Section 2.390 of the Commission's regulations. Accordingly, NextEra requests that Enclosure 1 be withheld from public disclosure in accordance with 10 CFR 2.390. Enclosure 1 is proprietary in its entirety so a non-proprietary version is not provided.
U.S. Nuclear Regulatory Commission SBK-L-14053/Page 3 This letter contains no regulatory commitments.
Should you have any questions regarding this letter, please contact Mr. Michael Ossing, Licensing Manager, at (603) 773-7512.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on March 13 ,2014.
Sincerely, Kevin T. Walsh Site Vice President NextEra Energy Seabrook, LLC Enclosures cc: NRC Region I Administrator NRC Project Manager, Project Directorate 1-2 NRC Senior Resident Inspector Director Homeland Security and Emergency Management New Hampshire Department of Safety Division of Homeland Security and Emergency Management Bureau of Emergency Management 33 Hazen Drive Concord, NH 03305 John Giarrusso, Jr., Nuclear Preparedness Manager The Commonwealth of Massachusetts Emergency Management Agency 400 Worcester Road Framingham, MA 01702-5399
ENCLOSURE 2 Affidavit Pursuant to 10 CFR 2.390
Holtec Operations Center, One Holteo Drive, Marlton, NJ 08053 H O LT EC IN T ERN AT ION A L Telephone (856) 797-0900 Fax (856) 797-0909 Holtec international Document ID 2064-AFFI-04 AFFIDAVIT PURSUANT TO 10 CEr 2.390 I, Stefan Anton, being duly sworn, depose and state as follows:
(1) I have reviewed the information described in paragraph (2) which is sought to be withheld, and am authorized to apply for its withholding.
(2) The information sought to be withheld is information provided with Holtec letter 2064006, specifically Holtec RRTI-2064-005 and HI-2114912R3, Which contains Holtec Proprietary information and is appropriately marked as such.
(3) In making this application for withholding ofproprietary infoiration of which it is the owner, Holtec International relies upon the exemption from disclosure set forth hin the Freedom of Information Act ("FOIA"), 5 USC Sec. 552(b)(4) and the Trade Secrets Act, 18 USC See. 1905, and NRC regulations IOCFR Part 9,17(a)(4), 2.390(a)(4), and 2.390(b)(1) for "trade secrets and commercial or financial information obtained from a person and privileged or confidential" (Exemption 4). The material for which exemption forom disclosure is here sought is all "confidential commercial information",, and some portions also qualify under the narrower definition of"tr'ade secret", within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical-Mass EnergyProjectv. Nuclear Regulatory Commission. 975F2d871 (DC Cir. 1992),
and Public Citizen Health Research GAroup v. FDA, 704F2dl280 (DC Cir.
1983).
I of 5
Holtec Initernational Do'eumient ID 206 4-AFFIPO4 AFFIDAVIT PURSUANT TO 10 CFR 2.390 (4) Some examples of categories of information which fit into the definition of proprietary infon-ation are:
- a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtecds competitors without license firom Holtee International constitutes a competitive economic advantage over other companies;
- b. Information which, if used 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.
C. Information which reveals cost or price information, production, capacities, budget levels, or commercial strategies ofHoltec International, its customers, or its suppliers;
- d. Information which reveals aspects of past, present, or future Holtec International customer-funded development plans and programs of potential commercial value to Holtec International;
- e. information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraph 4.b, above.
(5) The information sought to be withheld is being submitted to the NRC in confidence. The information (including that compiled from many sources) is of a sort customarily held in confidence by Holtec International, and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by Holtec International. No.
public disclosure has been made, and it is not available in public sources. All disclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary 2 of 5
1101tec In~ternationaul Document ID 2064-AFFN-04 AFFIDAVIT PURSUANT TO 10 CFR 2.390 agreements which provide for maintenance of the information in confidence. Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in paragraphs (6) and (7) following.
(6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge.
Access to such documents within Holtec Inteinational is limited on a "need to know." basis.
(7) The- procedure for approval of external release of such a document typically requires review by the staff-manager, project manager, principal scientist or other equivalent authority, by the manager of the cognizant marketing function (or his designee), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation.
Disclosures outside Holtec International are limited to regulatoty bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.
(8) The information classified as proprietary was developed and compiled by Holtec International at a significant cost to Holtec International. This information is classified as proprietary because it contains detailed descriptions of analytical approaches and methodologies not available elsewhere. This information would provide other parties, including competitors, with information firom Holtec International's technical database and the results of evaluations performed by Holtee International. A substantial effort has been expended by Holtec International to develop this information. Release of this information would improve a competitor's position because it would enable Holtec's competitor to copy our technology and offer it for sale in competition with our company, causing us financial injury.
3 of 5
.Iiiotcc-International Documrnet ID2064-AFFI-04 AFFIDAVIT PURSUANT TO 10 CFR 2.390 (9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to Holtec International's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of Holtec International's comprehensive spent fuel storage technol6gy base, and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology, and includes development of the expertise to determine and apply the appropriate evaluation process.
The research, development, engineering, and analytical costs comprise a substantial investment of time and money by Holtec International.
The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.
Holtec International's competitive advantage will be lost if its competitors are able to use the results of the Holtec International experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.
The value of this information to Holtec International would be lost if the information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive Holtec International of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.
4 of 5
Holtec batcroationil Document 1D 2064-AFFI-04 AFFIDAVIT PURSUANT TO 10 CFR 2.390 STATE OF NEW JERSEY )
) ss:
COUNTY OF BURLINGTON)
Mr. Stefan Anton, being duly sworn, deposes and says:
That he has read the foregoing affidavit and the matters stated therein are true and correct to the best of her knowledge, information, and belief.
Executed at Marlton, New Jersey, this 31a day of March 3, 2014.
Stefan Anton Holtec International Subscribed and sworn before me this *'"day of . 2014.
5 of 5