ML16279A069
| ML16279A069 | |
| Person / Time | |
|---|---|
| Site: | Kewaunee  |
| Issue date: | 09/27/2016 |
| From: | Mark D. Sartain Dominion Energy Kewaunee |
| To: | Document Control Desk, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation |
| References | |
| 16-245A | |
| Download: ML16279A069 (7) | |
Text
Dominion Energy Kewaunee, Inc.
5000 Dominion Boulevard, Glen Allen, VA 23060 Web Address: www.dom.com PROPRIETARY INFORMATION-WITHHOLD UNDER 10 CFR 2.390 September 27, 2016 U.S. Nuclear Regulatory Commission Serial No. 16-245A Attention: Document Control Desk NRA!fJS/RO Washington, DC 20555-0001 Docket Nos. 50-305, 72-64 License No. DPR-43 DOMINION ENERGY KEWAUNEE. INC.
KEWAUNEE POWER STATION LICENSE AMENDMENT REQUEST 263; LOAD DROP ANALYSIS FOR SPENT FUEL CASK HANDLING OPERATIONS: ADDITIONAL REQUESTED MATERIAL Pursuant to 10 CFR 50.90, Dominion Energy Kewaunee, Inc. (DEK) requested an amendment to Facility Operating License DPR-43 for Kewaunee Power Station (KPS) on July 28, 2016. The proposed amendment would revise the KPS Updated Safety Analysis Report (USAR) to: 1) add a description of a non-single failure proof intermediate lifting device that DEK intends to use during a specific spent fuel cask handling activity in the auxiliary building, and 2) incorporate a new load drop analysis applicable to the use of this intermediate lifting device.
On September 23, 2016, via electronic mail, the NRC staff reviewing License Amendment Request (LAR) 263 requested several additional references. The requested references are included in Attachment 1. Attachment 1 has been determined to be proprietary in its entirety by NAC International. Attachment 2 is an affidavit executed to support withholding of Attachment 1. The affidavit sets forth the basis upon which the information may be withheld from public disclosure by the Commission and addresses the considerations listed in 10 CFR 2.390(b)(4). Accordingly, it is requested that the proprietary information contained in Attachment 1 be withheld from public disclosure in accordance with 10 CFR 2.390(a)(4).
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ATTACHMENT 1 CONTAINS INFORMATION BEING WITHHELD FROM PUBLIC DISCLOSURE PER 10 CFR 2.390. UPON SEPARATION THIS PAGE IS _{'/MSS DECONTROLLED.
Serial No. 16-245A LAR 263, Additional Reference Material Page 2 of 2 Please contact Mr. Jack Gadzala at 920-388-8604 if you have any questions or require additional information.
Sincerely, Mark D. Sartain Vice President - Nuclear Engineering COMMONWEALTH OF VIRGINIA COUNTY OF HENRICO The foregoing document was acknowledged before me, in and for the County and Commonwealth aforesaid, today by Mark D. Sartain, who is Vice President - Nuclear Engineering of Dominion Energy Kewaunee, Inc. He has affirmed before me that he is duly authorized to execute and file the foregoing document on behalf of that Company, and that the statements in the document are true to the best of his knowledge and belief.
Acknowledged before me this d} 7J'day of er , 2016.
My Commission Expires: 5" 3 / - /8 Notary Public:.__-IL.LJ.LE!.~{Z.J..~L.J.t:..k'.!~~
Commitments made in this letter: None.
Attachments:
- 1. LAR 263: Additional Reference Material
- 2. LAR 263: NAC International Affidavit cc: Regional Administrator, Region Ill U. S. Nuclear Regulatory Commission 2443 Warrenville Road, Suite 210 Lisle, IL 60532-4352 Ted H. Carter, Senior Project Manager U.S. Nuclear Regulatory Commission Two White Flint North, Mail Stop T-8F5 11545 Rockville Pike Rockville, MD 20852-2738 Public Service Commission of Wisconsin Electric Division P.O. Box 7854 Madison, WI 53707
Serial No. 16-245A ATTACHMENT 2 LAR 263: NAC INTERNATIONAL AFFIDAVIT KEWAUNEE POWER STATION DOMINION ENERGY KEWAUNEE, INC.
A Atlanta Corporate Headquarters NAC 3930 East Jones Bridge Road, Suite 200 INTERNATIONAL Norcross, GA 30092 Phone 770-447-1144 Fax 770-447-1797 www.nacintl.com NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 Kent S. Cole (Affiant), President and CEO, of NAC International, hereinafter referred to as NAC, at 3930 East Jones Bridge Road, Norcross, Georgia 30092, being duly sworn, deposes and says that:
- 1. Affiant has reviewed the information described in Item 2 and is personally familiar with the trade secrets and privileged information contained therein, and is authorized to request its withholding.
- 2. The information to be withheld includes the following NAC Proprietary Information that is being provided in support of the Kewaunee Power Station (KPS) license amendment request. Specifically, the documents being provided support KPS's response to NRC's request for documents associated with the KPS Drop Analysis Review.
- 71173-061 Rev. 0 (DCRs OA, OB, OC, OD) - Structure, Weldment, Concrete Cask, MAGNASTOR, ZION Solutions
- 71173-062 Rev. 1 - Reinforcing Bar and Concrete Placement, Concrete Cask, MAGNASTOR, ZION Solutions
- 71173-086 Rev. 5 (DCR 5A) - Detail, Closure Lid, MAGNASTOR, ZION Solutions
- 71173-090 Rev. 2 (DCR 2A) - Loaded Concrete Cask, MAGNASTOR, ZION Solutions
- . 30026-062 Rev. 0 - Reinforcing Bar and Concrete Placement, Concrete Cask, MAGNASTOR DEK, Kewaunee Power Station
- 30026-DCR-A Rev. 0 - NAC Memo ED20140005 - Design Basis for the Kewaunee Design Drawings
- 30026-090 Rev. 0 - Loaded Concrete Cask, MAGNASTOR DEK, Kewaunee Power Station
- ESS-033 Rev 4 - Heavy Haul Trailer (HHT) for Movement of Loaded/Empty MAGNASTOR Vertical Concrete Cask (VCC) and Empty MAGNASTOR Transfer Cask (MTC)
- HHTl 80001 Rev. A - 180 Ton Heavy Haul Trailer
- 120139 Rev. A- HHT Deck End Weldment
- 120140 - HHT Deck Center Section Weldment
- 120145 - Wing Plate Weldment
- 120148 - Center Web Plate Weldment
- 120161 - Deck Top End Plate Chamfered
- 120165 - Stiffener Plate
- 120167 - Beveled Stiffener Plate NAC is the owner of this information that is considered to be NAC Proprietary Information.
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ANAC filfllNTERNATIONAL NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390
- 3. NAC makes this application for withholding of proprietary information based upon the exemption from disclosure set forth in: the Freedom of Information Act ("FOIA"); 5 USC Sec. 552(b)(4) and the Trade Secrets Act; 18 USC Sec. 1905; and NRC Regulations 10 CFR Part 9.l 7(a)(4), 2.390(a)(4), and 2.390(b)(l) for "trade secrets and commercial financial information obtained from a person, and privileged or confidential" (Exemption 4). The information for which exemption from disclosure is herein sought is all "confidential commercial information," and some portions may also qualify under the narrower definition of "trade secret," within the meanings assigned to those terms for purposes of FOIA Exemption 4.
- 4. 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 competitors of NAC, without license from NAC, constitutes a competitive economic advantage over other companies.
- b. Information that, if used by a competitor, would reduce their expenditure ofresources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product.
- c. Information that reveals cost or price information, production capacities, budget levels or commercial strategies ofNAC, its customers, or its suppliers.
- d. Information that reveals aspects of past, present or future NAC customer-funded development plans and programs of potential commercial value to NAC.
- e. Information that discloses patentable subject matter for which it may be desirable to obtain 'patent protection.
The information that is sought to be withheld is considered to be proprietary for the reasons set forth in Items 4.a, 4.b, and 4.d.
- 5. The information to be withheld is being transmitted to the NRC in confidence.
- 6. The information sought to be withheld, including that compiled from many sources, is of a sort customarily held in confidence by NAC, and is, in fact, so held. This information has, to the best of my knowledge and belief, consistently been held in confidence by NAC. 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 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 Items 7 and 8 following.
- 7. Initial approval of proprietary treatment of a document/information is made by the Vice President, Engineering, the Project Manager, the Licensing Specialist, or the Director, Licensing - the persons most likely to know the value and sensitivity of the information in relation to industry knowledge.
Access to proprietary documents within NAC is limited via "controlled distribution" to individuals on a "need to know" basis. The procedure for external release of NAC proprietary documents typically requires the approval of the Project Manager based on a review of the documents for technical ED20160088 Page 2 of 4
AINTERNATIONAL NAC NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 content, competitive effect and accuracy of the proprietary designation. Disclosures of proprietary documents outside ofNAC are limited to regulatory agencies, customers and potential customers and their agents, suppliers, licensees and contractors with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.
- 8. NAC has invested a significant amount of time and money in the research, development, engineering and analytical costs to develop the information that is sought to be withheld as proprietary. This information is considered to be proprietary because it contains detailed descriptions of analytical approaches, methodologies, technical data and/or evaluation results not available elsewhere. The precise value of the expertise required to develop the proprietary information is difficult to quantify, but it is clearly substantial.
- 9. Public disclosure of the information to be withheld is likely to cause substantial harm to the competitive position ofNAC, as the owner of the information, and reduce or eliminate the availability of profit-making opportunities. The proprietary information is part of NAC's comprehensive spent fuel storage and transport technology base, and its commercial value extends beyond the original development cost to include the development of the expertise to determine and apply the appropriate evaluation process. The value of this proprietary information and the competitive advantage that it provides to NAC would be lost if the information were disclosed to the public. Making such information available to other parties, including competitors, without their having to make similar investments of time, labor and money would provide competitors with an unfair advantage and deprive NAC of the opportunity to seek an adequate return on its large investment.
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ANAC f'NFllNTERNATIONAL NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 STATE OF GEORGIA, COUNTY OF GWINNETT Mr. Kent S. Cole, being duly sworn, deposes and says:
That he has read the foregoing affidavit and the matters stated herein are true and correct to the best of his knowledge, information and belief.
Executed at Norcross, Geor ia, this 26th day of September 2016.
President and CEO NAC International Subscribed and sworn before me this .,::lu~day of JlLf.l ~k,..-: 2016.
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