ML15198A242

Transmittal of Updated Proprietary Documents for Relief Request 53

ML15198A242
Person / Time
Site:	Palo Verde
Issue date:	07/15/2015
From:	Weber T Arizona Public Service Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
102-07085-TNW/DCE
Download: ML15198A242 (16)

Text

Enclosure Attachments 2 - 6 contain 10 CFR 50.55a PROPRIETARY information to be withheld under 10 CFR 2.390 Palo Verde Nuclear Generating Station 102-07085-TNW/DCE P.O. Box 52034 July 15, 2015 Phoenix, AZ 85072 Mail Station 7636 Tel 623 393 5764 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852

References:

1.

Arizona Public Service Company (APS) letter number 102-07037, Palo Verde Nuclear Generating Station Unit 3, Docket No. STN 50-530, Transmittal of Proprietary Documents for Relief Request 53, dated April 17, 2015, Agencywide Documents Access and Management System [ADAMS] Accession Number ML15111A289

2. APS letter number 102-07034, Palo Verde Nuclear Generating Station Unit 3, Docket No. STN 50-530, American Society of Mechanical Engineers (ASME)

Code,Section XI, Request for Approval of an Alternative to Flaw Removal -

Relief Request 53, dated April 17, 2015, ADAMS Accession Number ML15111A429

3. APS letter number 102-07077, Palo Verde Nuclear Generating Station Unit 3, Docket No. STN 50-530, Transmittal of Non-Proprietary Documents for Relief Request 53, dated July 15, 2015

Subject:

Palo Verde Nuclear Generating Station (PVNGS) Unit 3 Docket No. 50-530 Transmittal of Updated Proprietary Documents for Relief Request 53 On April 17, 2015, pursuant to 10 CFR 50.55a(z)(1), Arizona Public Service Company (APS) submitted References 1 and 2 for Nuclear Regulatory Commission (NRC) approval of Relief Request 53. The letters provided proprietary documents and non-proprietary documents, respectively.

The Enclosure to this letter transmits five updated proprietary documents provided in Reference 1 with a updated affidavit signed by Westinghouse Electric Company (Westinghouse), the owner of the information, to support the proprietary nature of the information. Reference 3 provides non-proprietary versions of the proprietary documents contained in the Enclosure attachments of this letter.

A member of the STARS (Strategic Teaming and Resource Sharing-) Alliance Callaway - Diablo Canyon

• Palo Verde

• Wolf Creek

102-07085-TNW/DCE ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Transmittal of Updated Proprietary Documents for Relief Request 53 Page 2 The affidavit, signed by Westinghouse, sets forth the basis on which the information may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of Section 2.390 of the Commission's regulations. Accordingly, it is respectfully requested that the information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10 CFR Section 2.390 of the Commission's regulations.

Correspondence with respect to the copyright or proprietary aspects of the proprietary documents or the supporting Westinghouse affidavit should be addressed to James Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company, 1000 Westinghouse Drive, Building 3, Cranberry Township, Pennsylvania, 16066.

There are no commitments made to the NRC by this letter.

If you have any questions or require additional information, please contact Michael D. Dilorenzo, Nuclear Regulatory Affairs Department Leader, at (623) 393-3495.

Sincerely, Thomas N. Weber Nuclear Regulatory Affairs Department Leader TNW/DCE/akf

Enclosure:

Updated Proprietary Documents for Relief Request 53 cc (w/ enclosure,):

M. L. Dapas NRC Region IV Regional Administrator M. M. Watford NRC NRR Project Manager C. A. Peabody NRC Senior Resident Inspector for PVNGS

ENCLOSURE Updated Proprietary Documents for Relief Request 53

Enclosure Updated Proprietary Documents for Relief Request 53 On April 17, 2015, pursuant to 10 CFR 50.55a(z)(1), Arizona Public Service Company (APS) submitted References 1 and 2 for Nuclear Regulatory Commission (NRC) approval of Relief Request 53. The letters provided proprietary documents and non-proprietary documents, respectively. Reference 3 provides non-proprietary versions of the proprietary documents contained in the attachments to this Enclosure.

The attachments to this Enclosure provide five updated proprietary documents provided in Reference 1 with an updated affidavit. The updated proprietary documents contained in the attachments to this Enclosure identify the proprietary content portions of the documents. This identification was not provided in the original transmittal of the documents in Reference 1.

The attachments to this Enclosure provide the five updated proprietary documents provided in Reference 1 using attachment numbers that correlate to attachment numbers in that letter. Attachment 1 is a placeholder to preserve the correlation between the attachment numbers in the enclosure and the references.

The documents in Attachments 2 through 6 of this Enclosure are supported by an updated affidavit signed by Westinghouse, the owner of the information. The affidavits set forth the basis on which the information may be withheld from public disclosure by the Commission and address with specificity the considerations listed in paragraph (b)(4) of Section 2.390 of the Commission's regulations.

Accordingly, it is respectfully requested that the information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10 CFR Section 2.390 of the Commission's regulations. Correspondence with respect to the copyright or proprietary aspects of the proprietary documents or the supporting Westinghouse affidavits should be addressed to James Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company, 1000 Westinghouse Drive, Building 3, Cranberry Township, Pennsylvania, 16066.

The updated affidavit is provided in this Enclosure. The affidavit does not apply to. - (Placeholder - no document attached) Westinghouse Document DAR-MRCDA-1 5-6-P, Rev. 1, Palo Verde Unit 3 RCS Cold Leg Alloy 600 Small Bore Nozzle Repair - Westinghouse Calculation CN-MRCDA-1 5-13-P, Rev. 0, Qualification of Palo Verde Unit 3 Reactor Coolant Pump Replacement Instrumentation Nozzle - Westinghouse Calculation CN-PAFM-1 5-20-P, Rev. 2, Palo Verde Unit 3 RCS Cold Leg Alloy 600 Small Bore Nozzle Repair Transient Stress and Fracture Mechanics Evaluation for One Cycle Operation 1

Enclosure Updated Proprietary Documents for Relief Request 53 - Westinghouse Calculation TR-FSE-1 5-2-P, Rev. 1, Palo Verde Nuclear Generating Station Unit 3 Evaluation of Potential Loose Part - Reactor Coolant Pump Instrument Nozzle Weld Fragment - Westinghouse Letter, LTR-ME-1 5-30-P, Rev. 2, ASME Code Section Xl Reconciliation for Arizona Public Service (APS),

Palo Verde Nuclear Generating Station (PVNGS) Unit 3 Replacement Instrument Nozzle - Westinghouse Calculation CN-NPE-06-XXXX-03-P, Rev. 1, Plant X - Structural Evaluations of the RCP Pressure Tap Nozzles

References:

1. Arizona Public Service Company (APS) letter number 102-07037, Palo Verde Nuclear Generating Station Unit 3, Docket No. STN 50-530, Transmittal of Proprietary Documents for Relief Request 53, dated April 17, 2015, Agencywide Documents Access and Management System

[ADAMS] Accession Number ML15111A289

2. APS letter number 102-07034, Palo Verde Nuclear Generating Station Unit 3, Docket No. STN 50-530, American Society of Mechanical Engineers (ASME) Code, Section Xl, Request for Approval of an Alternative to Flaw Removal - Relief Request 53, dated April 17, 2015, ADAMS Accession Number ML15111A429

3. APS letter number 102-07077, Palo Verde Nuclear Generating Station Unit 3, Docket No. STN 50-530, Transmittal of Non-Proprietary Documents for Relief Request 53, dated July 15, 2015 2

Enclosure Updated Proprietary Documents for Relief Request 53 Application for Withholding of Proprietary Information and Affidavit for Attachments 2 through 6

Reference:

Westinghouse Letter CAW-1 5-4241, Application for Withholding Proprietary Information from Public Disclosure, dated July 10, 2015 (9 pages)

Westinghouse Electric Company 1000 Westinghouse Drive Cranberry Township, Pennsylvania 16066 USA U.S. Nuclear Regulatory Commission Direct tel: (412) 374-4643 Document Control Desk Direct fax: (724) 940-8560 11555 Rockville Pike e-mail: greshaja@westinghouse.com Rockville, MD 20852 Proj letter: CVER-15-55 CAW-15-4241 July 10, 2015 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Supporting Documents to DAR-MRCDA-15-6, Revision 1:

1. LTR-ME-1 5-30-P, Revision 2, "ASME Code Section XI Reconciliation for Arizona Public Service (APS), Palo Verde Nuclear Generation Station (PVNGS) Unit 3 Replacement Instrument Nozzle" (Proprietary)

2. CN-PAFM-15-20-P, Revision 2, "Palo Verde Unit 3 RCS Cold Leg Alloy 600 Small Bore Nozzle Repair Transient Stress and Fracture Mechanics Evaluation for One Cycle Operation" (Proprietary)

3. TR-FSE-15-2-P, Revision 1, "Palo Verde Nuclear Generation Station Unit 3 Evaluation of Potential Loose Part - Reactor Coolant Pump Instrument Nozzle Weld Fragment" (Proprietary)

4. CN-NPE-06-XXXX-03-P, Revision 1, "Plant X - Structural Evaluations of the RCP Pressure Tap Nozzles" (Proprietary)

5. CN-MRCDA-15-13-P, Revision 0, "Qualification of Palo Verde Unit 3 Reactor Coolant Pump Replacement Instrumentation Nozzle" (Proprietary)

The proprietary information for which withholding is being requested in the above-referenced documents is further identified in Affidavit CAW-15-4241 signed by the owner of the proprietary information, Westinghouse Electric Company LLC. The Affidavit, which accompanies this letter, sets forth the basis on which the information may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10 CFR Section 2.390 of the Commission's regulations.

Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Arizona Public Service (APS).

CAW-15-4241 Correspondence with respect to the proprietary aspects of the Application for Withholding or the Westinghouse Affidavit should reference CAW-15-4241, and should be addressed to James A. Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company, 1000 Westinghouse Drive, Building 3 Suite 310, Cranberry Township, Pennsylvania 16066.

James A. Gresham, Manager Regulatory Compliance

CAW-15-4241 July 10, 2015 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF BUTLER:

I, James A. Gresham, am authorized to execute this Affidavit on behalf of Westinghouse Electric Company LLC (Westinghouse), and that the averments of fact set forth in this Affidavit are true and correct to the best of my knowledge, information, and belief.

es A. Gresham, Manager Regulatory Compliance

2 2 CAW-15-4241 (1)

I am Manager, Regulatory Compliance, Westinghouse Electric Company LLC (Westinghouse),

and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing and rule making proceedings, and am authorized to apply for its withholding on behalf of Westinghouse.

(2)

I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.390 of the Commission's regulations and in conjunction with the Westinghouse Application for Withholding Proprietary Information from Public Disclosure accompanying this Affidavit.

(3)

I have personal knowledge of the criteria and procedures utilized by Westinghouse in designating information as a trade secret, privileged or as confidential commercial or financial information.

(4)

Pursuant to the provisions of paragraph (b)(4) of Section 2.390 of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld.

(i)

The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

(ii)

The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The application of that system and the substance of that system constitute Westinghouse policy and provide the rational basis required.

Under that system, information is held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage, as follows:

(a)

The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of

3 CAW-15-4241 Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

(b)

It consists of 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.

(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 a similar product.

(d)

It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

(e)

It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

(f)

It contains patentable ideas, for which patent protection may be desirable.

(iii)

There are sound policy reasons behind the Westinghouse system which include the following:

(a)

The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

(b)

It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.

(c)

Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

4 CAW-15-4241 (d)

Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.

(e)

Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.

(f)

The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

(iv)

The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.390, it is to be received in confidence by the Commission.

(v)

The information sought to be protected is not available in public sources or available information has not been previously employed in the same original manner or method to the best of our knowledge and belief.

(vi)

The proprietary information sought to be withheld in this submittal is that which is appropriately marked in

1) LTR-ME-15-30-P, Revision 2, "ASME Code Section XI Reconciliation for Arizona Public Service (APS), Palo Verde Nuclear Generation Station (PVNGS) Unit 3 Replacement Instrument Nozzle" (Proprietary)

2)

CN-PAFM-15-20-P, Revision 2, "Palo Verde Unit 3 RCS Cold Leg Alloy 600 Small Bore Nozzle Repair Transient Stress and Fracture Mechanics Evaluation for One Cycle Operation" (Proprietary)

3)

TR-FSE-1 5-2-P, Revision 1, "Palo Verde Nuclear Generation Station Unit 3 Evaluation of Potential Loose Part - Reactor Coolant Pump Instrument Nozzle Weld Fragment" (Proprietary)

4)

CN-NPE-06-XXXX-03-P, Revision 1, "Plant X - Structural Evaluations of the RCP Pressure Tap Nozzles" (Proprietary)

5)

CN-MRCDA-15-13-P, Revision 0, "Qualification of Palo Verde Unit 3 Reactor Coolant Pump Replacement Instrumentation Nozzle" (Proprietary)

5 CAW-15-4241 for submittal to the Commission, being transmitted by APS letter and Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk. The proprietary information as submitted by Westinghouse is that associated with the Palo Verde Unit 3 RCS Cold Leg Alloy 600 small bore nozzle repair, and may be used only for that purpose.

(a)

This information is part of that which will enable Westinghouse to:

(i)

Provide fracture mechanics technical justification and structural evaluation to support continued operation for Palo Verde Unit 3 with reactor coolant pump instrument nozzle with a half nozzle repair.

(b)

Further this information has substantial commercial value as follows:

(i)

Westinghouse plans to sell the use of similar information to its customers for the purpose of providing fracture mechanics technical justification and structural evaluation to support operation of reactor coolant pumps with instrument nozzles with half nozzle repair.

(ii)

Westinghouse can sell support and defense of industry guidelines and acceptance criteria for plant-specific applications.

(iii)

The information requested to be withheld reveals the distinguishing aspects of a methodology which was developed by Westinghouse.

Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar technical evaluation justifications and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

6 CAW-15-4241 The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.

In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended.

Further the deponent sayeth not.

PROPRIETARY INFORMATION NOTICE Transmitted herewith are proprietary and/or non-proprietary versions of documents furnished to the NRC in connection with the Palo Verde Unit 3 RCS Cold Leg Alloy 600 small bore nozzle repair, and may be used only for that purpose.

In order to conform to the requirements of 10 CFR 2.390 of the Commission's regulations concerning the protection of proprietary information so submitted to the NRC, the information which is proprietary in the proprietary versions is contained within brackets, and where the proprietary information has been deleted in the non-proprietary versions, only the brackets remain (the information that was contained within the brackets in the proprietary versions having been deleted). The justification for claiming the information so designated as proprietary is indicated in both versions by means of lower case letters (a) through (f) located as a superscript immediately following the brackets enclosing each item of information being identified as proprietary or in the margin opposite such information. These lower case letters refer to the types of information Westinghouse customarily holds in confidence identified in Sections (4)(ii)(a) through (4)(ii)(f) of the Affidavit accompanying this transmittal pursuant to 10 CFR 2.390(b)(1).

COPYRIGHT NOTICE The documents transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copies of the information contained in these documents which are necessary for its internal use in connection with generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 2.390 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection notwithstanding. With respect to the non-proprietary versions of these documents, the NRC is permitted to make the number of copies beyond those necessary for its internal use which are necessary in order to have one copy available for public viewing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as may be required by NRC regulations if the number of copies submitted is insufficient for this purpose. Copies.made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.

Enclosure Updated Proprietary Documents for Relief Request 53 Westinghouse Document DAR-MRCDA-15-6-P, Rev. 1, Palo Verde Unit 3 RCS Cold Leg Alloy 600 Small Bore Nozzle Repair Note:

This attachment was inserted for the sake of preserving the correlation between the attachment numbers of this Enclosure and those of the Enclosure to Arizona Public Service Company (APS) letter number 102-07037, Palo Verde Nuclear Generating Station Unit 3, Docket No. STN 50-530, Transmittal of Proprietary Documents for Relief Request 53, dated April 17, 2015, with an associated affidavit that is still applicable.

This Westinghouse document was provided in its redacted form as to the Enclosure to APS letter number 102-07034, Palo Verde Nuclear Generating Station Unit 3, Docket No. STN 50-530, American Society of Mechanical Engineers (ASME) Code, Section Xl, Request for Approval of an Alternative to Flaw Removal - Relief Request 53, dated April 17, 2015 (ADAMS Accession Number ML15111A429).