RS-14-260, Response to Request for Additional Information Regarding Request for Withholding Information from Public Disclosure by GE-Hitachi Nuclear Energy Americas LLC
| ML14255A359 | |
| Person / Time | |
|---|---|
| Site: | LaSalle  (NPF-011) |
| Issue date: | 09/11/2014 |
| From: | Gullott D Exelon Generation Co |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML14258A038 | List: |
| References | |
| RS-14-260 | |
| Download: ML14255A359 (18) | |
Text
4300 Winfield Road Warrenville, IL 60555 Amiew Exelon Generation
630 657 2000 Office Proprietary Information Withhold from Public Disclosure Under 10 CFR 2.390 RS-14-260
10 CFR 50.90 September 11,2014 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 LaSalle County Station, Unit 1 Facility Operating License No. NPF-11 NRC Docket No. 50-373
Subject:
Response to Request for Additional Information Regarding Request for Withholding Information from Public Disclosure by GE-Hitachi Nuclear Energy Americas LLC
References:
- 1) Letter from D. M. Gullott (Exelon Generation Company, LLC) to U. S. Nuclear Regulatory Commission, "License Amendment Request to Revise Reactor Coolant System (RCS) Pressure and Temperature (PIT) Curves for LaSalle County Station, Unit 1," dated December 20, 2013
- 2) Letter from B. Purnell (U. S. Nuclear Regulatory Commission) to M. J. Pacilio (Exelon Generation Company, LLC), "LaSalle County Station, Unit 1 Request by GE-Hitachi Nuclear Energy Americas LLC to Withhold Information From Public Disclosure (TAC No. MF3270)," dated August 25, 2014 In Reference 1, Exelon Generation Company, LLC (EGC) submitted a license amendment request (LAR) to Facility Operating License No. NPF-11 for LaSalle County Station (LSCS),
Unit 1. Specifically, the proposed change would revise the reactor coolant system (RCS) pressure and temperature (PIT) curves contained in Technical Specifications (TS) 3.4.11, "RCS Pressure and Temperature (PIT) Limits," Figures 3.4.11-1 through 3.4.11-3. The EGC LAR included an affidavit executed by GE-Hitachi Nuclear Energy Americas LLC (GEH),
requesting that some information contained in Attachment 6 of the LAR be withheld from public disclosure pursuant to 10 CFR 2.390.
In Reference 2, the U. S. Nuclear Regulatory Commission (NRC) requested additional information to complete its review of the GEH request for withholding information from public disclosure. The Attachment, with Enclosures 1 through 4, provides the requested information. of the Attachment contains Proprietary Information. Withhold from public disclosure under 10 CFR 2.390. When separated from Enclosure 2 of the Attachment, this document is decontrolled.
September 11,2014 U. S. Nuclear Regulatory Commission Page 2 Proprietary Information Withhold from Public Disclosure Under 10 CFR 2.390 of the Attachment contains proprietary information as defined by 10 CFR 2.390, "Public inspections, exemptions, requests for withholding." GEH, as the owner of the proprietary information, has executed the affidavit contained in Enclosure 4 of the Attachment, which identifies that the enclosed proprietary information has been handled and classified as proprietary, is customarily held in confidence, and has been withheld from public disclosure.
The proprietary information was provided to EGO in a GEH transmittal that is referenced by the affidavit. The proprietary information has been faithfully reproduced in the attached information such that the affidavit remains applicable. GEH hereby requests that the attached proprietary information be withheld from public disclosure in accordance with the provisions of 10 CFR 2.390 and 10 CFR 9.17. Information that is not considered proprietary is provided in a separate enclosure.
Revised proprietary responses to Grand Gulf Nuclear Station (GGNS) request for additional information (RAI) #7 and GGNS RAI #9 are provided in Enclosure 2 of the Attachment. A non-proprietary (public) version of the responses to GGNS RAI #7 and GGNS RAI #9 are provided in Enclosure 3 of the Attachment. The proprietary and non-proprietary information provided in Enclosures 2 and 3 supersedes the responses to GGNS RAI #7 and GGNS RAI #9 originally provided in Attachment 6, Enclosure 5, of the LAR submitted December 20, 2013 (Reference 1). The content of these responses has not been revised; however, the basis for withholding the information has changed.
EGO has reviewed the information supporting a finding of no significant hazards consideration and the environmental consideration that was previously provided to the NRC in Attachment 1 of Reference 1. The additional information provided in this submittal does not affect the bases for concluding that the proposed license amendment does not involve a significant hazards consideration. In addition, the additional information provided in this submittal does not affect the bases for concluding that neither an environmental impact statement nor an environment assessment needs to be prepared in connection with the proposed amendment.
There are no regulatory commitments contained within this letter.
Should you have any questions concerning this letter, please contact Ms. Lisa A. Simpson at (630) 657-2815.
I declare under penalty of perjury that the foregoing is true and correct. Executed on the 11th day of September 2014.
Respectfully, David M. Gullott Manager Licensing Exelon Generation Company, LLC of the Attachment contains Proprietary Information. Withhold from public disclosure under 10 CFR 2.390. When separated from Enclosure 2 of the Attachment, this document is decontrolled.
September 11, 2014 U. S. Nuclear Regulatory Commission Page 3 Proprietary Information Withhold from Public Disclosure Under 10 CFR 2.390
Attachment:
Response to Request for Additional Information GEH Responses to NRC RAI Revised Exelon Responses to RAI #7 and RAI #9 (Proprietary) Revised Exelon Responses to RAI #7 and RAI #9 (Non-Proprietary) GEH Affidavit for Enclosure 2 cc:
NRC Regional Administrator, Region III NRC Senior Resident Inspector, LaSalle County Station Illinois Emergency Management Agency Division of Nuclear Safety of the Attachment contains Proprietary Information. Withhold from public disclosure under 10 CFR 2.390. When separated from Enclosure 2 of the Attachment, this document is decontrolled.
ATTACHMENT Response to Request for Additional Information By letter dated December 20, 2013, Exelon Generation Company, LLC (EGC) submitted a license amendment request (LAR) to revise the reactor coolant system (RCS) pressure and temperature (PIT) curves contained in Technical Specifications (TS) 3.4.11, "RCS Pressure and Temperature (PIT) Limits," Figures 3.4.11-1 through 3.4.11-3 for LaSalle County Station (LSCS),
Unit 1. The EGC LAR included an affidavit dated April 5, 2013, executed by Linda Dolan of GE-Hitachi Nuclear Energy Americas LLC (GEH), requesting that some information contained in of the LAR be withheld from public disclosure pursuant to 10 CFR 2.390.
By letter dated August 25, 2014, the U. S. Nuclear Regulatory Commission (NRC) requested additional information to complete its review of the GEH request for withholding information from public disclosure. EGC is providing the requested information in the Attachment, with Enclosures 1 through 4.
NRC Question RAI-1:
By email dated January 31, 2011 (ADAMS Accession No. ML110310390), NRC staff issued a request for additional information (RAI) to Grand Gulf Nuclear Station, Unit 1 (GGNS), regarding its PIT limits. As noted in Exelon's application, the staff has requested that future applicants for PIT limit changes include a response to this GGNS RAI. In Attachment 6 of the application, Exelon provided the LSCS, Unit 1, response to this GGNS RAI.
The NRC staff notes that information provided for GGNS RAI 9, which GEH has requested to be withheld from the public, appears to be publicly available in a nonproprietary version of GE Nuclear Energy report GE-NE-0000-0003-5526-02R1, "Pressure-Temperature Curves for Exelon LaSalle Unit 1," Revision 1, dated May 2004. This GE Nuclear Energy report was included as Attachment 6 to an April 19, 2010, application from Exelon and is publicly available in ADAMS under Accession No. ML101130377.
Provide a response to the following:
- a. Explain how GEH has held the information in confidence when GEH has previously indicated that the information was nonproprietary and it has been made publicly available.
- b. Explain how this is a type of information normally held in confidence when GEH has previously indicated that the information was nonproprietary.
- c. Explain how release of this information would cause substantial harm to GEH when GEH has previously indicated that the information was nonproprietary and it has been made publicly available.
EGC Response to NRC Question RAI-1:
The response to NRC Question RAI-1 is provided in Enclosure 1 to this submittal.
Page 1 of 2
ATTACHMENT Response to Request for Additional Information NRC Question RAI-2:
Some of the information provided for GGNS RAI #7 which GEH has requested to be withheld from the public appears to be information which is included in the proposed TS 3.4.11. The proposed TS 3.4.11, which was included with the application, was not identified as containing proprietary information and has been made publicly available in ADAMS.
Regarding the information provided in response to GGNS RAI #7 that GEH has requested to be withheld from the public, provide a response to the following:
- a. Identify any proprietary information which is included in the proposed TS 3.4.11. Explain how this is a type of proprietary information normally held in confidence when it is to be included as part of the technical specifications. Explain how release of this information would cause substantial harm to GEH when it has been made publicly available as part of the application.
- b. Identify any proprietary information that could be derived from information in TS 3.4.11 using publicly available information. Estimate the effort and money to derive such information and explain how release of this information would cause substantial harm to GEH.
EGC Response to NRC Question RAI-2:
The response to NRC Question RAI-2 is provided in Enclosure 1 to this submittal.
Page 2 of 2
Proprietary Information - Withhold from Public Disclosure Under 10 CFR 2.390 ATTACHMENT Response to Request for Additional Information - GEH Responses to NRC RAI - Revised Exelon Responses to RAI #7 and RAI #9 (Proprietary) - Revised Exelon Responses to RAI #7 and RAI #9 (Non-Proprietary) - GEH Affidavit for Enclosure 2 LaSalle County Station, Unit 1 16 pages follow of the Attachment contains Proprietary Information. Withhold from public disclosure under 10 CFR 2.390. When separated from Enclosure 2 of the Attachment, this document is decontrolled.
ENCLOSURE 1 GE-001N 8608 GEH Responses to Draft LSCS PT Curve RAIs Non-Proprietary Information - Class I (Public)
GE-001N8608
RAI 1
Non-Proprietary Information - Class I (Public)
Page 1 of 3 By email dated January 31, 2011 (ADAMS Accession No. ML110310390), NRC staff issued a request for additional information (RAI) to Grand Gulf Nuclear Station, Unit 1 (GGNS),
regarding its PIT limits. As noted in Exelon 's application, the staff has requested that future applicants for PIT limit changes include a response to this GGNS RAI. In Attachment 6 of the application, Exelon provided the LSCS Unit I responses to this GGNS The NRC staff notes that information provided for GGNS RAI #9 which GEH has requested to be withheld from the public appears to be publicly available in a nonproprietary version of GE Nuclear Energy report GE-NE-0000-0003-5526-02R1, "Pressure-Temperature Curves for Exelon LaSalle Unit I," Revision 1, dated May 2004. This GE Nuclear Energy report was included as Attachment 6 to an April 19, 2010, application from Exelon and is publicly available in ADAMS under Accession No. ML] 01130337.
Provide a response to the following:
- a. Explain how GEH has held the information in confidence when GEH has previously indicated that the information was nonproprietary and it has been made publicly available.
- b. Explain how this is a type of information normally held in confidence when GEH has previously indicated that the information was nonproprietary.
- c. Explain how release of this information would cause substantial harm to GEH when GEH has previously indicated that the information was nonproprietary and it has been made publicly available.
GEH Response
- a. GEH agrees that some of the information was previously published with respect to LaSalle Unit 1. This includes the data in both tables on page 10 of Attachment 6 of Reference 1.1 and the text immediately below the second table through the equation for Nominal lc
- b. GEH does not agree that the term used in the first paragraph, at the bottom of page 10 of of Reference 1.1, or in the final paragraph on page 11 of the submittal have been previously disclosed and wishes to maintain the use of this term as proprietary.
GEH would like to point to the proprietary-marked statements on pages 34 and 35 of the LaSalle Unit 1 PT curve report GE-NE-0000-0003-5526-02R1 in support of this response.
- c. As stated in paragraph 4 of the GEH affidavit, information that discloses a process or method, including supporting data, and information that would improve the position of a competitor is protected by declaring it as proprietary. Knowledge of the manner of comparisons used for justification and the source of this data falls under this category.
Reference 1.1
Exelon Letter, "License Amendment Request to Revise Reactor Coolant System (RCS)
Pressure and Temperature (PIT) Curves for LaSalle County Station, Unit 1," RS-13-266, December 20, 2013 (ADAMS Accession No. ML13358A363).
Non-Proprietary Information - Class I (Public)
GE-001N8608
Page 2 of 3
RAI 2
Some of the information provided for GGNS RAI #7 which GEH has requested to be withheld from the public appears to be information which is included in the proposed TS 3.4.11. The proposed TS 3.4.11, which was included with the application, was not identified as containing proprietary information and has been made publicly available in ADAMS.
Regarding the information provided in response to GGNS RAI #7 that GEH has requested to be withheld from the public, provide a response to the following:
- a. Identi,n, any information which is included in the proposed TS 3.4.11. Explain how this is a type of information normally held in confidence when it is to be included as part of the technical specifications. Explain how release of this information would cause substantial harm to GEH when it has been made publicly available as part of the application.
- b. Identify any information that could be derived from information in TS 3.4.11 using publicly available information. Estimate the effort and money to derive such information and explain how release of this information would cause substantial harm to GEH.
GEH Response
- a.
With respect to the first and second proprietary-marked paragraphs on pages 7 and 8 of of Reference 2.1 containing the RAI #7 response, GEH acknowledges that some of the values identified as proprietary have previously been published, but only as values. GEH considers this information proprietary in the context in which it is used, which describes methodology. Publishing of this information would provide a competitive advantage to others by permitting the understanding of GEH methodology. GEH would like to point to the proprietary-marked statements on page 34 of the PT curve report GE-NE-0000-0003-5526-02R1 in support of this response. After discussion with NRC, it is understood that two temperatures that appear in the first paragraph are published in the Technical Specification and cannot be considered proprietary. These two temperatures have been revised to be non-proprietary.
With respect to the third proprietary-marked paragraph on page 8 of Attachment 6 of Reference 2.1 containing the RAI #7 response, GEH would like to point to Appendix H of the PT curve report. It can be seen throughout the appendix that the general terminology and the specific result of the appendix calculation is identified as proprietary. In addition, the additional calculations presented in the response to RAI #7 contain values that are designated as proprietary in earlier sections of the report. GEH would like to point to pages 26, 27, and 29 of the PT curve report in support of this response. After discussion with NRC, it is understood that two temperatures that appear in the first paragraph are published in the Technical Specification and cannot be considered proprietary. These two temperatures have been revised to be non-proprietary.
- b.
As stated in paragraph 4 of the GEH affidavit, information that discloses a process or method, including supporting data, and information that would improve the position of a competitor is protected by declaring it as proprietary. Knowledge of the manner of calculations used for determining the PT curves and the source of this data falls under this category.
Non-Proprietary Information - Class I (Public)
GE-001N8608
Page 3 of 3 Reference 2.1
Exelon Letter, "License Amendment Request to Revise Reactor Coolant System (RCS)
Pressure and Temperature (PIT) Curves for LaSalle County Station, Unit 1," RS-13-266, December 20, 2013 (ADAMS Accession No. M1L13358A363).
ENCLOSURE 3 GE-001N8608 Revised Exelon Responses to PT Curve RAIs # 7 & 9 Non-Proprietary Information - Class I (Public)
NON-PROPRIETARY NOTICE This is a non-proprietary version of Enclosure 2 of GE-001N8608 which has the proprietary information removed. Portions of the document that have been removed are indicated by an open and closed bracket as shown here ((
GE-001N8608 RAI #7 GEH Proprietary Information - Class II (Internal)
Page 1 of 3 Provide additional detail for the non-beltline analysis conducted in the following areas in order for the NRC staff to compete independent verification of the proposed PIT limits:
- a.
Identij5) limiting materials for the Reference Temperature for Nil Ductility Transition (RTNDT) values used to shill the generic Bottom Head and Upper Vessel PIT curves when applying NEDC-33178P-A.
- b.
The NRC staff identified a limiting RTNDT of 10°F for the Bottom Head Torus Plates, while GGNS assumed a RTNDT of 24.6°F for the Bottom Head Curve B. Support all RTNDT values reported by providing details of any plant-specific analysis conducted.
- c.
Explain minor differences in assumed RTNDT values for the Bottom Head. Specifically Curves A and C assume a limiting RTNDT of 19°F, while Curve B assumes a limiting RTNDT of 24.6°F.
- d.
Which region of the RPV is limiting for Curve C < 312 psig.
Response
In order to determine how much to shift the Pressure-Temperature (PIT) curves, an evaluation is performed using Tables 4-4a and 4-5a from NEDC-33178P-A. These tables define the required Temperature minus Reference Temperature of Nil Ductility Transition (T-RTNDT) that is used to adjust the non-shifted curves. Each component listed in these tables is evaluated using the plant-specific initial RTNDT for each component. The required temperature is then determined by adding the T-RTNDT to the plant-specific RTNDT, thereby resulting in the required T for the curve.
As the upper vessel curve is initially based on the non-shifted feedwater (FW) nozzle T-RTNDT, all resulting T values are compared to the FW nozzle T. The difference between the maximum T and the FW nozzle T-RTNDT is used to shift the upper vessel curve. The same method is applied for the control Rod Drive (CRD) curve. In this manner, it is assured that each curve bounds the maximum discontinuity that is represented.
For the LSCS Unit 1 upper vessel curve, the maximum T value from the method described above is ((
)). The initial required T-RTNDT for the ((
lb this is then adjusted by the LSCS Unit 1-specific maximum
((
1], resulting in ((
)). However, at the same pressure the T-RTNDT for ((
)), and the limiting plant-specific initial RTNDT for the ((
)1 47°F. The resulting hydrotest temperature is ((
)). As can be seen, the hydrotest temperature for the ((
)) does not bound the ((
so the initial RTNDT for the ((
)) is artificially increased to 42°F so that the hydrotest temperature of ((
]1 is bounded. This calculation was performed for each component shown in Table 4-4a; only the limiting case is presented here.
For LSCS Unit 1, the limiting value for the CRD / bottom head is the ((
1]. The required T-RTNDT is ((
)), which is added to the ((
)). It is seen that the resulting T required for the ((
1]. As
)) is limiting, the LSCS Unit 1 CRD / bottom head curve bounds the ((
GEH Proprietary Information - Class II (Internal)
GE-001N8608
Page 2 of 3
)).
As noted above this calculation was performed for each component shown in Table 4-5a; only the limiting cases are presented here.
Appendix H of NEDC-33178P-A contains the details of an analysis performed to determine the baseline requirement (non-shifted) for the ((
)). It can be seen in Section H.5 of Appendix H that the stresses developed in this finite element analysis demonstrated that the ((
)), resulting in a baseline non-shifted required T-RTNDT of ((
)). Therefore, considering the determination of the required shift from the paragraph above for ((
calculations for all components listed in Table 4-5a were compared to the CRD T, which is ((
)) 47°F (( )) (where 47°F.((
)) materials). Therefore, the shift for the bottom head ((
For Curve C, the upper vessel and beltline regions are bounding at pressures up to 40 psig. For pressures between 40 psig and 312.5 psig, the upper vessel is bounding.
GE-001N8608 RAI #9 Non-Proprietary Information - Class I (Public)
Page 3 of 3 Provide details on any plant-specific feedwater nozzle evaluation conducted in support of the proposed PIT limits or explain why plant-specific evaluation was not required.
Response
An evaluation was performed for the feedwater nozzle as described in Section 4.3.2.1.3 of NEDC-33178P-A. This evaluation confirmed that the feedwater discontinuity bounds the other discontinuities defmed in Table 4-4a of NEDC-33178P-A. The first part of the evaluation is as described in the response to RAI #7, where it is assured that the limiting component that is represented by the upper vessel nozzle curve is bounded. A second evaluation was performed using the LSCS-specific feedwater nozzle dimensions; this evaluation is shown below to demonstrate that the ((
1] curve is applicable to LSCS Unit 1:
Vessel radius to base metal, Rv 127 inches Vessel thickness, tv 6.69 inches Vessel pressure, Pv 1563 psig Pressure stress = PR/t = 1563 psig
- 127 inches / 6.69 inches 29.671 ksi Dead Weight + Thermal Restricted Free End Stress 2.967 ksi Total Stress = 26.671 + 2.967 psi 32.64 ksi The factor F (a/re) from Figure A5-1 of "PVRC Recommendations on Toughness Requirements for Ferritic Materials", Welding Research Council Bulletin 175, August 1972 (WRC-175) is determined where:
a = 1/4 (tn2 +/- tv2) l'2 2.31 inches tn = thickness of nozzle 6.38 inches tv = thickness of vessel 6.69 inches rn = apparent radius of nozzle = r, + 0.29*rc 7.29 inches r, = actual inner radius of nozzle 6.13 inches rc = nozzle radius (nozzle corner radius) 4.0 inches Therefore, a/rn = 2.31 /7.29 = 0.32. The value F (a/rn), taken from Figure A5-1 of WRC-1 75 for an a/rn of 0.32 is 1.5. Including the safety factor of 1.5, the stress intensity factor, Kb is 1.5a (n*a)1/2
- F(a/rn):
Nominal K1= 1.5* 32.64* (Tc*2.31)1/2
- 1.5 = 197.9 ksi-in 1/2 A detailed upper vessel example calculation for core not critical conditions is provided in Section 4.3.2.1.4 of NEDC-33178P-A. Section 4.3.2.1.3 of NEDC-33178P-A presents the ((
)) FW nozzle evaluation upon which the baseline non-shifted upper vessel P/T curve is based. It can be seen that the nominal K1 from the NEDC-33178P-A evaluation is ((
1].
Therefore, it has been shown that the nominal K1 for the LSCS Unit 1-specific FW nozzle is less than the ((
)) K1, demonstrating applicability of the FW nozzle curve for LSCS Unit 1.
ENCLOSURE 4 GE-001N8608 GEH Affidavit for Enclosure 2
GE-Hitachi Nuclear Energy Americas LLC AFFIDAVIT I, Linda C. Dolan, state as follows:
(1) I am the Manager of Regulatory Compliance, Regulatory Affairs, GE-Hitachi Nuclear Energy Americas LLC ("GEH"), and have been delegated the function of reviewing the information described in paragraph (2) which is sought to be withheld, and have been authorized to apply for its withholding.
(2) The information sought to be withheld is contained in Enclosure 2 of GEH letter, GE-001N8608, "GEH Responses to Draft RAIs and Exelon Revised Responses to PT Curve RAIs # 7 & 9," dated August 29, 2014. The GEH proprietary information in Enclosure 2, which is entitled "Revised Exelon Responses to PT Curve RAIs # 7 & 9," is identified by a dotted underline inside double square brackets. ((This sentence is an example.{3})) In each case, the superscript notation {3} refers to Paragraph (3) of this affidavit, which provides the basis for the proprietary determination.
(3) In making this application for withholding of proprietary information of which it is the owner or licensee, GEH relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 U.S.C. Sec. 552(b)(4), and the Trade Secrets Act, 18 U.S.C.
Sec. 1905, and NRC regulations 10 CFR 9.17(a)(4), and 2.390(a)(4) for trade secrets (Exemption 4). The material for which exemption from disclosure is here sought also qualifies under the narrower definition of trade secret, within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Energy Project v. Nuclear Regulatory Commission, 975 F.2d 871 (D.C. Cir. 1992), and Public Citizen Health Research Group v. FDA, 704 F.2d 1280 (D.C. Cir. 1983).
(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;
- c.
Information that reveals aspects of past, present, or future GEH customer-funded development plans and programs, resulting in potential products to GEH;
- d.
Information that discloses trade secret or potentially patentable subject matter for which it may be desirable to obtain patent protection.
(5) To address 10 CFR 2.390(b)(4), the information sought to be withheld is being submitted to NRC in confidence. The information is of a sort customarily held in confidence by GEH, Affidavit for GE-001N8608. Enclosure 2
Page 1 of 3
GE-Hitachi Nuclear Energy Americas LLC 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 GEH, not been disclosed publicly, and not been made 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 or confidentiality agreements that provide for maintaining the information in confidence. The initial designation of this information as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in the following paragraphs (6) and (7).
(6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, who is the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge, or who is the person most likely to be subject to the terms under which it was licensed to GEH.
(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 for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside GEH are limited to regulatory 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 or confidentiality agreements.
(8) The information identified in paragraph (2), above, is classified as proprietary because it contains detailed results and conclusions regarding the pressure temperature curve limits analysis for a GEH Boiling Water Reactor ("BWR"). The analysis utilized is based on licensing topical report, NEDC-33178P-A, Revision 1 (GEH Nuclear Energy Methodology for Development of Reactor Pressure Vessel Pressure-Temperature Curves), which GEH has developed, obtained NRC approval of, and was applied to perform evaluations of pressure-temperature limits for a GEH BWR.
The development of the evaluation processes along with the interpretation and application of the analytical results is derived from the extensive experience and information databases that constitute a major GEH asset.
(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GEH's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of GEH's comprehensive BWR safety and technology 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. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods.
The research, development, engineering, analytical and NRC review costs comprise a substantial investment of time and money by GEH. The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to Affidavit for GE-001N8608, Enclosure 2
Page 2 of 3
GE-Hitachi Nuclear Energy Americas LLC quantify, but it clearly is substantial. GEH's competitive advantage will be lost if its competitors are able to use the results of the GEH 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 GEH 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 GEH of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing and obtaining these very valuable analytical tools.
I declare under penalty of perjury that the foregoing affidavit it true and correct.
Executed on this 29th day of August 2014.
e 4aL, Linda C. Dolan Manager, Regulatory Compliance Regulatory Affairs GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Road Wilmington, NC 28401 Affidavit for GE-001N8608, Enclosure 2
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