ML17251A897
ML17251A897 | |
Person / Time | |
---|---|
Site: | Surry ![]() |
Issue date: | 08/24/2017 |
From: | Greenhaus S Structural Group |
To: | Office of Nuclear Reactor Regulation |
Shared Package | |
ML17251A864 | List: |
References | |
17-296 | |
Download: ML17251A897 (9) | |
Text
Serial No.17-296 Docket Nos. 50-280/281 RAI Response - CFRP Alternative Request ENCLOSURE 3 Applications for Withholding Proprietary Information from Public Disclosure Structural Group, "Application for Withholding Proprietary Information From Public Disclosure," dated August 24, 2017 Simpson Gumpertz & Heger, "Application for Withholding Proprietary Information From Public Disclosure," dated August 16, 2017 Virginia Electric and Power Company (Dominion)
Surry Power Station Units 1 and 2
struc,ural group August 24, 2017 U. S. Nuclear Regulatory Commission Document Control Desk 11555 Rockville Pike Rockville, MD 20852
Subject:
Application for Withholding Proprietary Information from Public Disclosure
Reference:
. 1. Dominion Letter to Nuclear Regulatory Commission, 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), Docket Nos.
50-280/281, Serial No.16-488
- 2. Dominion Letter to Nuclear Regulatory Commission, Proposed Alternative to ASME Section XI Requirements for Repair/Replacement of Circulating and Service Water Class 3 Buried Piping with Carbon Fiber Reinforced Polymer, Response to Request for Additional Information, Docket Nos. 50-280/281, Serial No.17-296
- 3. 10 CFR 2.390, Public Inspections, Exemptions, Requests for Withholding.
Ladies and Gentlemen:
Structural Group, Inc., has provided certain proprietary information to Dominion Resources, Inc.
(Dominion) or a Dominion affiliate in connection with a response by Dominion for RFI from the U.S. Nuclear Regulatory Commission (NRC) to use an alternative to the requirements of 10 CFR 50.55a(z)(1 ). This application requests that proprietary information of Structural Group, Inc.
be protected from public disclosure.
- The proprietary information for which withholding is being requested identified in the attached affidavit signed by the owner of the proprietary information, Structural Group, Inc. (SGI), on behalf of itself and any wholly-owned subsidiaries or affiliated companies. An affidavit accompanies this letter, setting forth the basis on which the information may be withheld from public disclosure by the NRC and addressing with specificity the considerations listed in paragraph (b)(4) of 1 O CFR 2.390 of the NRC's regulations.
Accordingly this letter authorizes the utilization of the accompanying Affidavit by Dominion.
Correspondence with respect to the proprietary aspects of the Application or the Affidavit should reference this letter and be addressed to Scott Greenhaus, Executive Vice President, Structural Group, Inc., 10150 Old Columbia Road, Columbia, MD 21046.
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Scott Greenhaus Executive Vice President' 0 (410) 859-6458 M (410) 340-3205 SGreenhaus@structuralgroup.com Structural Group, Inc.
10150 Old Columbla Road* Columbia, MD 21046
State of Maryland )
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County of Howard )
struc"tural
- group AFFIDAVIT Before me, the undersigned authority, personally appeared Scott Greenhaus, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Structural Group, Inc. and that the averments of fact set forth in this Affidav.* are true nd correct to the best of his knowledge, information, and belief.
Scott Greenhaus Executive Vice President Sworn to and subscribed before me this 24 day of August 2017
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struc'tural group I, Scott Greenhaus, am Executive Vice President of Structural Group, Inc. ("SGI").
In my capacity as Executive Vice President I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in conjunction with nuclear plant licensing and rulemaking proceedings, and am authorized to apply for its withholding on behalf of SGI and its affiliates.
I am making this Affidavit in conformance with the provisions of 10 CFR 2.390 of the U. S. Nuclear Regulatory Commission (NRC) regulations and in conjunction with SGl's Application for Withholding Proprietary Information from Public Disclosure accompanying this Affidavit.
I have personal knowledge of the criteria and procedures utilized by SGI in designating information as a trade secret, privileged or as confidential commercial or financial information.
Pursuant to the provisions of paragraph (b) (4) of 10 CFR 2.390 of the NRC's regulations, the following is furnished for consideration by the NRC in determining whether the information sought to be withheld from public disclosure should be withheld.
The information sought to be withheld from public disclosure in Dominion Letter To Nuclear Regulatory Commission, Proposed Alternative to ASME Section XI Requirements for Repair/Replacement of Circulating and Service Water Class 3 Buried Piping with Carbon Fiber Reinforced Polymer, Response to Request for Additional Information, Docket Nos. 50-280/281, Serial No.17-296, is owned by and has been held in confidence by SGI. Specific portions of the Dominion request which include SGI proprietary information are the responses to the Requests for Additional Information (RAI) listed below:
- RAI 3.5.3-8
- RAI 3.5.3-9
- RAI 3.5.3-10
- RAI 3.5.3-11
- RAI 3.5.3-13 EMCB-RAl-2 3
struciural group EMCB RAl-3 EMCB-RAl-4 EMCB-RAl-5 EMCB-RAl-7 EMCB-RAl-9 RAI 3.5.5-1 RAI 3.5.6-1 RAI 3.5.6-2 RAI 3.5.6-3 RAI 3.5.6-5 RAI 3.5.7-1 RAI 3.5.7-2 RAI 3.5.7-3 RAI 3.5.7-4 RAI 3.5.7-5 RAI 3.5.7-6 RAI 3.5.7-7 RAI 3.5.7-8 RAI 3.5.7-9 RAI 3.5.7-10 RAI 3.5.7-11 RAI 3.5.8-1 RAI 3.5.8-2 RAI 3.5.8-3 Under SGl's 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:
- 1) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by a competitor of SGI without license constitutes a competitive advantage over other companies.
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struc'tural group
- 2) 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.
- 3) Its use by a competitor would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.
- 4) It reveals cost or price information, production capacities, budget levels, or commercial strategies of SGI, their customers or suppliers.
- 5) It reveals aspects of past, present, or future development plans funded by a SGI or its customer, and programs of potential commercial value to SGI.
- 6) It contains patentable ideas, for which patent protection may be desirable.
There are sound policy reasons behind the SGI system which include the following;
- 1) The use of such information by SGI gives it a competitive advantage over competitors. It is, therefore, withheld from disclosure to protect SGl's competitive position.
- 2) It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes SGl's ability to sell products and services involving the use of the information.
- 3) Use by a competitor would put SGI at a competitive disadvantage by reducing the competitor's expenditure of resources and capital.
- 4) 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 process, thereby depriving SGI of its competitive advantage.
- 5) Unrestricted disclosure would jeopardize the position of prominence of SGI in the world marketplace, and thereby give a market advantage to competitor in those countries in which SGI operates.
- 6) SGl's capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
The information is being transmitted to the NRG in confidence and, under the provisions of 10 GFR 2.390, it is to be received in confidence by the NRG. The information sought to be protected is not available in public sources and, to the best of our knowledge and belief, available information has not been previously employed in the same original manner or method.
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struc'tural group The proprietary information sought to be withheld in this submittal is that which is appropriately marked in Dominion Letter to the NRC, Proposed Alternative to ASME Section XI Requirements for Repair/Replacement of Circulating and Service Water Class 3 Buried Piping with Carbon Fiber Reinforced Polymer, Response to Request for Additional Information, Docket Nos. 50-280/281, Serial No.17-296, being transmitted by Dominion letter and reflected in SGl's Application for Withholding Proprietary Information from Public Disclosure dated August 24, 2017, addressed to the NRC Document Control Desk. The proprietary information as submitted by SGI is that associated with the 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) for Surry Units 1 and 2, and may be used only for that purpose.
This information is part of that which will enable SGI to:
- 1) Provide input to Dominion to provide to the NRC for review of the Surry Unit 1 and 2, 10 CFR 50.55a(z)(1) submittal; and
- 2) Provide licensing support for the Dominion submittal.
SGI owns or is permitted to use the proprietary information referenced in this Affidavit under agreements that include SGl's maintaining the confidentiality of such information, as contemplated in this Affidavit.
Further this information has substantial commercial value as follows;
- 1) The SGI plan to sell the use of this information to their customers for the purpose of installing Carbon Fiber Reinforced Polymer (CFRP) in safety related piping.
- 2) That SGI can sell support and defense of the technology to their customers in the licensing process.
- 3) The information requested to be withheld reveals the distinguishing aspects of a methodology which was developed by SGI.
- 4) Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of SGI because it would enhance the ability of competitors to provide similar licensing services for commercial power reactors without commensurate expenses.
- 5) 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) The development of the technology described in part by the proprietary information is the result of applying the results of many years of experience in an intensive effort by SGI and the expenditure of a considerable sum of money and resources. In order for 6
struc'tural group competitors to duplicate this information, similar technical programs would have to be performed including a significant expenditure money and resources.
Further the deponent sayeth not.
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struc'tural group PROPRIETARY INFORMATION NOTICE Transmitted herewith are the proprietary and non-proprietary versions of documents furnished to the NRC.
In order to conform to the requirements of 1 O CFR 2.390 of the NRC regulations concerning the protection of proprietary information so submitted to the NRC, the information which is proprietary in the proprietary versions has been deleted in the non-proprietary versions. The justification for claiming the information so designated as proprietary is indicated in the non-proprietary versions.
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