NL-17-0516, Edwin I. Hatch Nuclear Plant, Unit 2 - Submittal of Cycle 25 Core Operating Limits Report Version 1
| ML17090A144 | |
| Person / Time | |
|---|---|
| Site: | Hatch  |
| Issue date: | 03/28/2017 |
| From: | Hutto J J Southern Nuclear Operating Co |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML17090A142 | List: |
| References | |
| NL-17-0516 | |
| Download: ML17090A144 (6) | |
Text
Southern Nuclear MAR 2 8 2017 Docket No.: 50-366 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D. C. 20555-0001 J. J. Hutto Regulatory Affairs Director Edwin I. Hatch Nuclear Plant -Unit 2 Unit 2 Cycle 25 Core Operating Limits Report Version 1 Ladies and Gentlemen:
40 Inverness Center Parkway Post Officy Box 1295 Birmingham, AL 35242 205 992 5872 tel 205 992 7601 fax jjhutto@southemco.com NL-17-0516 In accordance with Technical Specification 5.6.5.d., Southern Nuclear Operating Company (SNC) submits the enclosed Core Operating Limits Report (COLR), for Edwin I. Hatch Nuclear Plant (HNP) Unit 2 Cycle 25. The enclosed documentation contains proprietary information as defined by 1 O CFR 2.390. Global Nuclear Fuel (GNF), as the owner of the proprietary information, has executed the enclosed affidavit, 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 SNC in a GNF transmittal that is referenced by the affidavit.
The proprietary information has been faithfully reproduced in the enclosed documentation, such that, the affidavit remains applicable.
GNF hereby requests that the enclosed proprietary information provided iri Enclosure 1 to this letter be withheld from public disclosure in accordance with the provisions of 10 CFR 2.390 and 9.17. A non-proprietary version of the COLR is provided as Enclosure
- 2. This affidavit is also provided in Enclosure 1 to this letter and identifies that the designated information has been handled and classified as proprjetary to GNF. This letter contains no NRC commitments.
If you have any questions, please contact Ken McElroy at 205.992.7369.
Respectfully submitted, J. J. Hutto Regulatory Affairs Director JJH/PDB/lac Enclosure 1 to this letter contains Proprietary Information to be withheld from public disclosure per 1 O CFR 2.390. When separated from Enclosure 1 this transmittal document is decontrolled
- U.S. Nuclear Regulatory Commission NL-17-0516 Page 2
Enclosures:
- 1. HNP Unit 2 Cycle 25 Version 1 Core Operating Limits Report PROPRIETARY INFORMATION and Global Nuclear Fuel -Americas Affidavit
- 2. HNP Unit 2 Cycle 25 Version 1 Core Operating Limits Report NON-PROPRIETARY INFORMATION 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. R. D. Gayheart, Fleet Operations General Manager 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. R. Hall, NRR Project Manager -Hatch Mr. D. H. Hardage, Senior Resident Inspector
-Hatch Enclosure 1 to this letter contains Proprietary Information to be withheld from public disclosure per 1 O CFR 2.390. When separated from Enclosure 1 this transmittal document is decontrolled Edwin I. Hatch Nuclear Plant -Unit 2 Unit 2 Cycle 25 Core Operating Limits Report Version 1 Enclosure 1 Unit 2 Cycle 25 Core Operating Limits Report PROPRIETARY INFORMATION and Global Nuclear Fuel -Americas Affidavit Global Nuclear Fuel-Americas AFFIDAVIT I, Brian R. Moore, state as follows: (1) I am Core & Fuel Engineering Manager, Global Nuclear Fuel -Americas, LLC ("GNF-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 Enclosure 1 of GNF's letter, VSP-SNC-HVl-17-003, Vickie S. Perry to Jonathan Chavers (Southern Nuclear Operating Company), entitled "Edwin I. Hatch Nuclear Plant Unit 2 Cycle 25 Core Operating Limits Report (COLR)," January 18, 2017. GNF proprietary information in Enclosure 1, which is entitled "Edwin I. Hatch Nuclear Plant Unit 2 Cycle 25 Core Operating Limits Report," is identified by a dotted underline inside double square brackets.
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A "" marking at the beginning of a table, figure, or paragraph closed with a " marking at the end of the table, figure or paragraph is used to indicate that the entire content between the double brackets is proprietary.
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, GNF-A relies 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 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 qualify 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, 975F2d871 (DC Cir. 1992), and Public Citizen Health Research Group v. FDA, 704F2d1280 (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 GNF-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; VSP-SNC-HVl-17-003 Enclosure 1 Affidavit Page 1 of 3
- c. Information which reveals aspects of past, present, or future GNF-A funded development plans and programs, resulting in potential products to GNF-A; 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 GNF-A's fuel design and licensing methodology.
The development of the methods used in these analyses, along with the testing, development and approval of the supporting methodology was achieved at a significant cost to GNF-A or its licensor.
VSP-SNC-HVl-17-003 Enclosure 1 Affidavit Page 2 of 3 (9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GNP-A's competitive position and foreclose or reduce the availability of profit-making opportunities.
The information is part of GNP-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 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 18 1 h day of January 2017. VSP-SNC-HVI-17-003 Enclosure 1 Brian R. Moore Core & Fuel Engineering Manager Global Nuclear Fuel -Americas, LLC 3901 Castle Hayne Road Wilmington, NC 28401 Brian.Moore@ge.com Affidavit Page 3 of 3