ML17261A896
| ML17261A896 | |
| Person / Time | |
|---|---|
| Site: | PROJ0712 |
| Issue date: | 09/28/2017 |
| From: | Joe Golla Licensing Processes Branch (DPR) |
| To: | Head J GE Hitachi Nuclear Energy |
| Golla J | |
| References | |
| Download: ML17261A896 (4) | |
Text
September 28, 2017 Mr. Jerald G. Head Senior Vice President, Regulatory Affairs GE-Hitachi Nuclear Energy P.O. Box 780 M/C A-18 Wilmington, NC 28401
SUBJECT:
GLOBAL NUCLEAR FUEL REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE
Dear Mr. Head:
By letter dated December 15, 2016 (Letter No. MFN 16-080, Agencywide Documents Access and Management System (ADAMS) Accession No. ML16350A275), two affidavits, both dated December 8, 2016, were executed and submitted by Dr. Brian Moore, Core & Fuel Engineering Manager, Global Nuclear Fuel (GNF) requesting that the information contained in the GNF-A report NEDC-33376P-A, LANCR02 Lattice Physics Model Description, Revision 3, dated December 2016, and NEDC-33377P-A, LANCR02 Lattice Physics Model Qualification, Revision 3, dated December 2016, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.
The nonproprietary copies of these documents have been placed in the Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the Agencywide Documents Access and Management System Electronic Library.
The affidavits stated that the submitted information should be considered exempt from mandatory public disclosure because it is:
- a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEHs competitors without license from GEH 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.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
J. Head Therefore, the version of the submitted information marked as proprietary in both of the aforementioned documents 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 NRC. You also should understand that the NRC 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 NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.
It is noted here that six lines of information in the NRC safety evaluation (SE) that accompanies both of the above documents were inadvertently withheld and should be made public. This information constitutes 2.e of page 48 of the SE within the documents (ADAMS Accession No. ML16350A277 and ML16350A281) and one sentence following it and is presented here:
Coding error corrections performed under the GNF Software Quality Assurance program provided that they do not alter the LANCR02 methodology as presented in the model description LTR.
It should be noted, however, that departures from the numerical methods currently employed in LANCR02 for code convergence would require NRC review and approval prior to implementation.
If you have any questions regarding this matter, I may be reached at 301-415-1002.
Sincerely,
/RA/
Joseph A. Golla, Project Manager Licensing Processes Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Project No. 712 cc: See next page
ML17261A896; *concurred via e-mail NRR-106 OFFICE NRR/DPR/PLPB NRR/DPR/PLPB* NRR/DSS/SNPB NRR/DPR/PLPB NRR/DPR/PLPB NAME JGolla DHarrison RLukes DMorey JGolla DATE 9/26/17 9/21/17 9/26/17 9/27/17 9/28/17 GE-Hitachi Nuclear Energy Americas Project No. 712 cc:
Brian R. Moore General Manager, Core & Fuel Engineering Global Nuclear Fuel - Americas, LLC P.O. Box 780, M/C A-75 Wilmington, NC 28401-0780 Brian.moore@gnf.com Mr. James F. Harrison GE-Hitachi Nuclear Energy Americas LLC Vice President - Fuel Licensing P.O. Box 780, M/C A-55 Wilmington, NC 28401-0780 james.harrison@ge.com Ms. Patricia L. Campbell Vice President, Washington Regulatory Affairs GE-Hitachi Nuclear Energy Americas LLC 1299 Pennsylvania Avenue, NW 9th Floor Washington, DC 20004 patriciaL.campbell@ge.com