ML14156A243

Request for Withholding Information from Public Disclosure - 3/13/14 Affidavit Executed by M. Stachowiak, Alion Science and Technology; Casa Grande Code Version 1.6 Provided on Cd (TAC MF2400 - MF2409)

ML14156A243
Person / Time
Site:	South Texas
Issue date:	06/25/2014
From:	Balwant Singal Plant Licensing Branch IV
To:	Koehl D South Texas
Singal B
References
TAC MF2400, TAC MF2401, TAC MF2402, TAC MF2403, TAC MF2404, TAC MF2405, TAC MF2406, TAC MF2407, TAC MF2408, TAC MF2409
Download: ML14156A243 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 June 25, 2014 Mr. Dennis L. Koehl President and CEO/CNO STP Nuclear Operating Company South Texas Project P.O. Box 289 VVadsworth,TX 77483

SUBJECT:

SOUTH TEXAS PROJECT, UNITS 1 AND 2 - REQUEST FOR VVITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MF2400, MF2401, MF2402, MF2403, MF2404, MF2405, MF2406, MF2407, MF2408, AND MF2409)

Dear Mr. Koehl:

By letter dated March 18, 2014 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML14087A126), STP Nuclear Operating Company (STPNOC, the licensee) submitted an affidavit to the U.S. Nuclear Regulatory Commission (NRC) dated March 13, 2014, executed by Ms. Megan A. Stachowiak, Division Manager, Nuclear Services ALl ON Science & Technology (ALION), requesting that the Containment Accident Sequence Stochastic Analysis (CASA) Grande Source Code Version 1.6 be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (1 0 CFR), Part 2, Section 2.390.

The letter dated March 18, 2014, indicated that the CASAGrande Source Code has been transmitted separately by the Los Alamos National Laboratory (LANL) to Southwest Research Institute (SVVRI) via an interagency transfer and the source code is protected under an exclusive commercialization agreement between Las Alamos National Security (operations manager of LANL) and ALl ON. However, a copy of the CASAGrande Source Code was not enclosed with the letter. On request from the NRC staff, a copy of the CASA Grande Source Code was transmitted by LANL to the NRC by letter dated May 14, 2014 (ADAMS Accession No. ML14153A004). By letter dated May 15, 2014 (ADAMS Accession No. ML14149A354),

STPNOC confirmed the submittal of the CASAGrande Source Code by LANL and retransmitted the affidavit by ALION dated March 13, 2014. The source code is protected under an exclusive commercialization agreement between LANL and ALION has been used by ALION in support of the South Texas Project (STP) Risk-Informed Generic Safety Issue (GSI)-191submittal. The document (CD) claimed to contain proprietary information is titled as follows:

• CASAGrande Version 1.6 (STP Letter NOC-AE-14003106) (CD)

In its letter dated March 18, 2014, STPNOC indicated that CASAGrande Source Code is considered proprietary in its entirety, hence, no redacted non-proprietary version of the document has been provided.

D. Koehl In the affidavit dated March 13, 2014, Ms. Stachowiak stated that the submitted information should be considered exempt from the mandatory public disclosure for the following reasons:

(a) Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Alien's competitors without license from Alion 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.

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 information sought to be withheld in the submittal, contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the version of the submitted 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.

D. Koehl If you have any questions regarding this matter, I may be reached at (301) 415-3016.

Sincerely,

&_~\

Ba ant K. Singal, Seni~roject 0* lv-.'&---0 Plant Licensing Branch IV-1 Manager Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-498 and 50-499 cc: Ms. Megan A. Stachowiak Division Manager, Nuclear Services ALION Science & Technology 4355 Weaver Parkway Suite 350 Warrenville, IL 60555 Additional Distribution via Listserv

ML14156A243 OFFICE NRRIDORULPL4-1/PM NRRIDORULPL4-1/LA NRR/DSS/SSIB/BC NRRIDORULPL4-1/BC NRRIDORULPL4-1/PM VCusumano NAME BSingal JBurkhardt MMarkley BSingal (SSmith for)

DATE 6/17/14 6/17/14 6/20/14 6/24/14 6/25/14