ML17031A130
| ML17031A130 | |
| Person / Time | |
|---|---|
| Site: | Surry  |
| Issue date: | 02/23/2017 |
| From: | Cotton K Plant Licensing Branch II |
| To: | Ojdrovic R Simpson Gumpertz & Heger |
| Cotton K, DORL/LPL2-1, 415-1438 | |
| References | |
| CAC MF8987, CAC MF8988 | |
| Download: ML17031A130 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Raska P. Ojdrovic Vice President and Senior Principal Simpson Gumpertz & Heger 41 Seyon Street Building I, Suite 500 Waltham, MA 02453 February 24, 2017
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR SURRY POWER STATION, UNITS 1 AND 2 (CAC NOS. MFB9B7 AND MFB9BB)
Dear Mr. Ojdrovic:
By letter dated December 14, 2016 (Agency Documents Access and Management System (ADAMS) Accession No. ML16355A337}, Virginia Electric and Power Company (the licensee) submitted an affidavit dated November 30, 2016, executed by you, requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390: - Proposed Alternative to ASME Section XI Requirements for Repair/Replacement of Circulating and Service Water Class 3 Buried Piping in Accordance with 10 CFR 50.55a(z)(1 },
Sub-Sections Bb) through Be) - Material Manufacturing and Material Qualification, Internal Repair of CW and SW Buried Piping using a CFRP System, Appendix C - Design of Piping Repair for Plant CW and SW Class 3 Buried Piping using a CFRP System - Sample Training Plans for Repair of Plant CW and SW Class 3 Buried Piping using a CFRP System, Sections 7F-71 Enclosure B - Failure Mode Effects Analysis - Repair of Plant CW and SW Class 3 Buried Piping using a CFRP System, Sections BA, BC, BD, BE A nonproprietary copy of Enclosure 1 has been placed in the U.S. Nuclear Regulatory Commission (NRC) Public Document Room and added to the NRC Library (ADAMS Accession No. ML16355A346).
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
- i.
This information is and has been held in confidence by SGH [Simpson Gumpertz
& Heger].
ii.
This information is of a type that is customarily held in confidence by SGH, and there is a rational basis for doing so because the information includes proprietary information that was developed and compiled by SGH at a significant cost to SGH. This information is classified as proprietary because it contains information relevant to analytical approaches and methodologies not available elsewhere.
iii.
The information is being transmitted to the NRC voluntarily and in confidence.
iv.
This information is not available in public sources and could not be gathered readily from other publicly available information.
- v.
A substantial effort has been expended by SGH to develop and evaluate this information. Public release of this information could lead to additional significant cost to SGH and is likely to cause substantial harm to SGH's competitive position and foreclose or reduce the availability of profit-making opportunities. The value of this information to SGH would be lost or devalued if the information were disclosed to the public.
vi.
Public disclosure of the information sought to be withheld would provide other parties, including competitors, with valuable information. SGH's competitive advantage would be lost if its competitors are able to use the results of SGH's activities to aid their own commercial activities. For example, SGH's competitive advantage would be lost if its competitors are able to use the results of SGH's analyses 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. 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 SGH of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment.
vii.
The commercial value of the information extends beyond the original development cost, and includes development of the expertise to determine and apply the appropriate evaluation process to the information. The research, development, engineering, and analytical costs that went into generating this information comprise a substantial investment of time and money by SGH. The precise value of this information is difficult to quantify, but clearly is substantial.
We have reviewed your application and the material in accordance with the requirements of 1 O CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, the version(s) 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 NRG. You also should understand that the NRG 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 NRG makes a determination adverse to the above, you will be notified in advance of any public disclosure.
If you have any questions regarding this matter, I may be reached at 301-415-1438 or e-mail at Karen,Cotton@nrc,gov.
Docket Nos. 50-280 and 50-281 cc:
Distribution via Listserv Karen Cotton Gross, Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR SURRY POWER STATION, UNITS 1 AND 2 (CAC NOS. MF8987 AND MF8988) DATED DISTRIBUTION:
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