NL-16-2383, Information Report for Lead Use Assemblies

Information Report for Lead Use Assemblies

ML16356A016
Person / Time
Site:	Hatch
Issue date:	12/16/2016
From:	Pierce C Southern Nuclear Operating Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
Shared Package
ML16356A011	List: ML16356A017 NL-16-2383, Information Report for Lead Use Assemblies
References
NL-16-2383
Download: ML16356A016 (6)

Text

A Southern Nuclear

• Charles R. Pierce Regulatory Affairs Director 40 Inverness Center Parkway Post Office Box 1295 Birmingham, AL 35242 205 992 7872 tel 205 992 7601 fax crpierce@southernco.com DEC l 6 2016 Docket Nos.: 50-366 NL-16-2383 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D. C. 20555-0001 Edwin I. Hatch Nuclear - Unit 2 Information Report for Lead Use Assemblies Ladies and Gentlemen:

This information report communicates Southern Nuclear Operating Company (SNC) plans to load four (4) Lead Use Assemblies (LUAs) as part of the Edwin I. Hatch Nuclear Plant, Unit 2 (HNP-2) Reload 24 Cycle 25 during the 2017 refueling outage. These bundles, also referred to as GNF3 LUAs, are planned to be in operation as part of a joint program with Global Nuclear Fuel -Americas, LLC (GNF). The enclosures contains a description of the GNF3 LUAs, a discussion of the licensing analyses, a description of the LUA program objectives, and any applicable measurements planned for the GNF3 LUAs. In accordance with 10 CFR 2.390(b)(1 ), an affidavit attesting to the proprietary nature of the enclosed information and requesting withholding from public disclosure is included with Enclosure 1 prior to the report. Enclosure 2 is the same GNF information with the proprietary portions removed, and is provided for public disclosure.

This letter contains no NRC commitments. If you have any questions, please contact Ken McElroy at 205.992.7369.

R*e.cfi ft;*

C.R. Pierce

. Regulatory Affairs Director CRP/PDB/lac Enclosure 1: Affidavit and Proprietary Report NEDC-33874P GNF3 Lead Use Assembly Enclosure 2: Non-Proprietary Report NED0-33874 GNF3 Lead Use Assembly Enclosure 1 to this letter contains Proprietary Information to be withheld from public disclosure per 10 CFR 2.390. When separated from Enclosure 1 this transmittal document is decontrolled

U.S. Nuclear Regulatory Commission NL-16-2383 Page 2 cc: Southern Nuclear Operating Company Mr. S. E. Kuczynski, Chairman, President & CEO Mr. D. G. Bost, Executive Vice President & Chief Nuclear Officer Mr. D. R. Vineyard, Vice President- Hatch Mr. M. D. Meier, Vice President - Regulatory Affairs Mr. D. R. Madison, Vice President- Fleet Operations Mr. B. J. Adams, Vice President- Engineering Mr. G. L. Johnson, Regulatory Affairs Manager - Hatch RTYPE: CHA02.004 U.S. Nuclear Regulatory Commission Ms. C. Haney, Regional Administrator Mr. M. D. Orenak, NRR Project Manager - Hatch Mr. D. H. Hardage, Senior Resident Inspector - Hatch to this letter contains Proprietary Information to be withheld from public disclosure per 10 CFR 2.390. When separated from Enclosure 1 this transmittal document is decontrolled

Edwin I. Hatch Nuclear Plant Unit 2 Information Report for Lead Use Assemblies Enclosure 1 GNF Affidavit (3 pages) and Proprietary Report NEDC-33874P GNF3 Lead Use Assembly

Global Nuclear Fuel - Americas AFFIDAVIT I, Brian R. Moore, state as follows:

(1) I am Engineering Manager, Core & Fuel Engineering, Global Nuclear Fuel -

Americas, LLC (GNP-A), 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 GNP-A proprietary report NEDC-33874P, GNF3 Lead Use Assembly for Edwin I Hatch Nuclear Plant, Unit 2, Revision 0, September 2016. GNP-A proprietary information in NEDC-33874P, GNF3 Lead Use Assembly for Edwin I Hatch Nuclear Plant, Unit 2, Revision 0, September 2016 is identified by a dotted underline inside double square brackets. ((IhiL~YDlYDg~_j~__ .1!!1.. ~~~mP.lY.*.~~!J]. Figures and large objects containing GNP-A proprietary information are identified with double square brackets before and after the object. In all cases, the superscript notation l3} 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, GNP-A relies upon the exemption from disclosure set forth in the Freedom of !reformation Act ("FOIA"), 5 USC Sec. 552(b)(4), and the Trade Secrets Act, 18 USC Sec. 1905, and NRC regulations 10 CPR 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 (DC Cir. 1992), and Public Citizen Health Research Group v. FDA, 704 F.2d 1280 (DC Cir. 1983).

(4) Some examples of categories of information which 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 GNP-A's competitors without license from GNF-A 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 aspects of past, present, or future GNP-A customer-funded development plans and programs, resulting in potential products to GNP-A; NEDC-33874P Revision 0 Affidavit Page 1 of 3

d. 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 paragraphs (4)a. and (4)b. above.

(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 GNF-A, 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 GNF-A, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties including any required transmittals to 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 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, or subject to the terms under which it was licensed to GNF-A.

(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 delegate), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside GNF-A 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 agreements.

(8) The information identified in paragraph (2) is classified as proprietary because it contains details of a new GNF-A fuel design, including plans and schedules for deployment. The development of this design, along with the testing and development, was achieved at a significant cost to GNF-A.

The development of the new GNF-A fuel design is derived from an extensive experience database that constitutes a major GNF-A asset.

(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GNF-A's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of GNF-A'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 NEDC-33874P Revision 0 Affidavit Page 2 of 3

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 GNP-A.

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.

GNP-A's competitive advantage will be lost if its competitors are able to use the results of the GNP-A 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 GNP-A 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 GNP-A 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 is true and correct.

Executed on this 8th day of September 2016.

Brian R. Moore Engineering Manager, Core & Fuel Engineering Global Nuclear Fuel - Americas, LLC 3901 Castle Hayne Road Wilmington, NC 28401 Brian.Moore@ge.com NEDC-33874P Revision 0 Affidavit Page 3 of 3