ML17292B709

Forwards Proprietary Response to NRC 990603 RAI Re Licensee Request for Amend to MCPR Safety Limit Tss.Proprietary Info Withheld IAW Requirements of 10CFR2.790

ML17292B709
Person / Time
Site:	Columbia
Issue date:	06/21/1999
From:	Coleman D WASHINGTON PUBLIC POWER SUPPLY SYSTEM
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML17292B710	List: ML17292B709
References
GO2-99-113, NUDOCS 9906290205
Download: ML17292B709 (14)

Text

CATEGORY 1 REGULAT Y INFORMATION DISTRIBUTIOh SYSTEM (RIDS)

ACCESS OP'BR:9906290205 DOC.DATE: 99/06/21 NOTARIZED: YES DOCKET FACIL'.50-397 .WPPSS Nuclear Project, Unit 2, Washington Public Powe 05000397 AUTH. NAME AUTHOR AFFILIATION COLEMAN,D.W. Washington Public Power Supply System RECIP.NAME RECIPIENT AFFILIATION Records Management Branch (Document Control Desk)

SUBJECT:

Forwards proprietary response to NRC 990603 RAI re licensee request for amend to MCPR safety limit TSs.Proprietary info C withheld IAW requirements of 10CFR2.790.

A DISTRIBUTION CODE: APOID COPIES RECEIVED:LTR I ENCL i SIZE:

TITLE: Proprietary Review Distribution - Pre Operating License & Operating R T NOTES:

RECIPIENT COPIES RECIPIENT COPIES ID CODE/NAME LTTR ENCL ID CODE/NAME LTTR ENCL LPD4-2 LA 1 1 LPD4-2 PD 1 1 0 CUSHING,J 1 '

INTERNAL: ACRS 1 1 FILE CENTER 1 1 OGC/RP 1 0 EXTERNAL: NRC,PDR t [gal(Olla P~P D

'E NOTE TO ALL "RIDS" RECIPIENTS:

PLEASE HELP US TO REDUCE WASTE.'TO HAVE YOUR NAME OR ORGANIZATION REMOVED FROM DISTRIBUTION LISTS OR REDUCE THE NUMBER OF COPIES RECEIVED BY YOU OR YOUR ORGANIZATION, CONTACT THE DOCUMENT CONTROL DESK (DCD) ON EXTENSION 415-2083 TOTAL NUMBER OF COPIES REQUIRED: LTTR 7 ENCL 8

'I r ti E

<'ly

WASHINGTON PUBLIC POWER SUPPLY SYSTEM P.O. Box 968 ~ Richland, Washington 99352-0968 June 21, 1999 G02-99-113 Docket No. 50-397 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555 Gentlemen:

Subject:

WNP-2, OPERATING LICENSE NPF-21 REQUEST FOR AMENDMENT MIRIMIMCRITICAL SOWER RATIO S ASSIS LIMITS (ADDITIONALINFORMATION)

Reference:

Letter, dated June 3, 1999, Jack Cushing (NRC) to JV Parrish (SS), "Request for Additional Information (RAI) for the Washington Public Power Supply System Nuclear Project NO. 2 (TAC NO. MA5212)"

In the reference, the staff requested that additional information be provided to support review of our pending request for an amendment to the Minimum Critical Power Ratio Safety Limit Technical Specifications.

The additional information is included as an attachment, which consists of a letter from Asea Brown-Boveri (ABB) Combustion Engineering, Inc. Some of the material in the attachment has been identified as proprietary and is marked accordingly (i.e., bracketed). Therefore, pursuant to the requirements of 10 CPR 2.790, an affidavit is enclosed to support the withholding of this information from public disclosure.

Should you have any questions or desire additional information regarding this matter, please call me or PJ Inserra at (509) 377-4147.

Respectfully, DW Coleman Manager, Regulatory Affairs Mail Drop PE20 i~P 4NS'-L Pi Attachment tO~ ~ i i uiCS)ya) cc: EW Merschoff - NRC RIV DL Williams - BPA/1399 JS Cushing - NRR PD Robinson - Winston & Strawn NRC Sr. Resident Inspector - 927N

'P90b2'70205 990b2i PDR ADQCK 05000397 ',t P Pop

(  %

Q t

(>, '1 I

~ .

~ h P

s e ~

r e AFFIDAVIT ts STATE OF WASHINGTON )

Subject:

Letter ABBWP-99463, dated June 17, 1999, "WNP-2, Operating License NPF-21, Rctluest

)

COUNTY OF BENTON for Amendment, Minimum Critical Power

)

Ratio Safety Limits (Additional Information)"

I, D.W. Coleman, being duly sworn, subscribe to and say that I am the Manager, Regulatory Affairs, for the WASHINGTON PUBLIC POWER SUPPLY SYSTEM, the applicant herein; that' have the fu11 authority to execute this oath; that I have reviewed the foregoing; and that to the best of my knowledge, information, and belief the statements made in it are true.

The attachment to this letter contains information [marked in brackets] which is considered by ABB Combustion Engineering, to be proprietary. Attached is an affidavit executed by I.C. Rickard, Director, Nuclear Licensing, of Combustion Engineering, Inc., dated June 16, 1999, which provides the basis on which it is claimed that the subject document should be withheld from public disclosure under the provisions of 10 CFR 2.790.

The Washington Public Power Supply System treats the subject document as proprietary information on the basis of statements by the owner. In submitting this information to the NRC, the Supply System requests that the subject document be withheld from public disclosure in accordance with 10 CFR 2.790.

DATE , 1999 D.W. Coleman Manager, Regulatory Affairs On this date personally appeared before me D.W. COLEMAN, to me known to be the individual who executed the foregoing instrument, and acknowledged that he signed the same as his free act and deed for the uses and purposes herein mentioned.

GIVEN under my hand and seal this ~day of i 1999.

otary Public in and for the STA OF WASHINGTON Residing a

'ay . gga~ My Commission Expires O.'I P~

0 is'a g ~

lg ht.+-f

~

C

4 1

4

~

t1 t448gp

.-'~ gcl c 7

0 lt '

June 17, 1999 ABBWP-99-063 Mr. R. A. Vopalensky Energy Northwest Plant Engineering Center (PEC)

North Power Plant Loop Richland, WA 99352-0968 Mail Drop: PE10

Subject:

WNP-2, Operating License NPF-21, Request for Amendment, Minimum Critical Power Ratio Safety Limits (Additional Information)

Reference:

Letter, dated June 3, 1999, Jack Cushing (NRC) to J.V. Parrish (Supply System),

Request for Additional Information (RAI) for the Washington Public Power Supply System Nuclear Project NO.2 (TAC NO. MA5212)

Dear Mr. Vopalensky:

The attachment to this letter provides the responses to the requested information contained in the reference.

Portions of the contents of the responses contain Combustion Engineering, Inc., proprietary information. This proprietary information is identified in brackets in the attachment. Please include these designations in your response to the NRC. An affidavit supporting the withholding of this information from public disclosure in accordance with 10 CFR 2.790(b) is also enclosed.

Should you require additional information or further clarification, please do not hesitate to contact me at (860) 687-8092 or Bill Harris at (860) 687-8014.

Best Regards,

~. >. 8:<<;haD' gc r Nirmal Jain Project Manager cc: S. Bian W. Wolkenhauer M. Reis One Attachment As stated One Enclosure As Stated ABB CENO Fuel Operations Combustion Engineering. Inc, Post Office Box 500 Telephone f860) 687-8001 2000 Day Hill Road Fax (860) 687 8002 Windsor. Connecticut 06095-0500

'l JA1, AFFIDAVITPURSUANT TO 10 CFR 2.790 I, I.C. Rickard, depose and say that I am the Director, Nuclear Licensing, of Combustion Engineering, Inc., duly authorized to make this affidavit, and have reviewed or caused to have reviewed the information which is identified as proprietary and referenced in the paragraph immediately below. I am submitting this affidavit in conjunction with the application of the Washington Public Power Supply System, and in conformance with the provisions of 10 CFR 2.790 of the Commission's regulations.

The information for which proprietary treatment is sought is contained in the following document:

ABBWP-99-063, "WNP-2, Operating License NPF-21, Request for Amendment, Minimum Critical Power Ratio Safety Limits (Additional Information), June 17,1999 This document has been appropriately designated as proprietary.

I have personal knowledge of the criteria and procedures utilized by Combustion Engineering in designating information as a trade secret, privileged or as confidential commercial or financial information.

Pursuant to the provisions of paragraph (b) (4) of Section 2.790 of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure, included in the above referenced document, should be withheld.

1. The information sought to be withheld from public disclosure, is owned and has been held in confidence by Combustion Engineering. It consists of information concerning core burnup strategies, fuel assembly design

1 l

1, ~ I N

details, and information regarding Safety Limits and Critical Power Ratio correlations.

2. The information consists of test data or other similar data concerning a process, method or component, the application of which results in substantial competitive advantage to Combustion Engineering.

3. The information is of a type customarily held in confidence by Combustion Engineering and not customarily disclosed to the public. Combustion Engineering has a rational basis for determining ttle types of information customarily held in confidence by it and, in that connection, utilizes a, system to determine when and whether to hold certain types of information in confidence. The details of the aforementioned system were provided to the Nuclear Regulatory Commission via letter DP-537 from F. M. Stern to Frank Schroeder dated December 2, 1974. This system was applied in determining that the subject document herein is proprietary.

4. The information is being transmitted to the Commission in confidence under the provisions of 10 CFR 2.790 with the understanding that it is to be received in confidence by the Commission.

The information, to the best of my knowledge and belief, is not available in public sources, and any disclosure to third parties has been made pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.

6. Public disclosure of the information is likely to cause substantial harm to the competitive position of Combustion Engineering because:

A similar product is manufactured and sold by major competitors of Combustion Engineering.

b. Development of this information by Combustion Engineering required tens of thousands of dollars and hundreds of

Ah manhours of effort. A competitor would have to undergo similar expense in generating equivalent information.

c. In order to acquire such information, a competitor would also require considerable time and inconvenience to develop core burnup strategies, fuel assembly design details, and information regarding Safety Limit and Critical Power Ratio correlations.

The information consists of core burnup strategies, fuel assembly design details, and information regarding Safety Limit and Critical Power Ratio correlations, the application of which provides a competitive economic advantage. The availability of such information to competitors would enable them to modify their product to better compete with Combustion Engineering, take marketing or other actions to improve their product's position or impair the position of Combustion Engineering's product, and avoid developing similar data and analyses in support of their processes, methods or apparatus.

e. In pricing Combustion Engineering's products and services, significant research, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included. The ability of Combustion Engineering's competitors to utilize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.

Use of the information by competitors in the international marketplace would increase their ability to market nuclear fuel by reducing the costs associated with technology development. In addition, disclosure would have an adverse

economic impact on Combustion Engineering's potential for obtaining or maintaining foreign licensees.

Further the deponent sayeth not.

I~ . Rick, ector Nuclear Licensin'g Sworn to before me this &~'ay of , 1999 Notary Public My commission expires: 'F 3/ ~7 ~)