ML18016A851

Forwards Proprietary & non-proprietary Version of Rev 3 to HI-971760, Licensing Rept for Expanding Storage Capacity in Harris SFPs 'C' & 'D'. Repts Are Reissued to Reflect Reduction in Proprietary Info.Proprietary Info Withheld

ML18016A851
Person / Time
Site:	Harris
Issue date:	03/15/1999
From:	Scarola J CAROLINA POWER & LIGHT CO.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML18016A852	List: ML18016A851 ML18016A853
References
HNP-99-032, HNP-99-32, NUDOCS 9903220064
Download: ML18016A851 (10)

Text

CATEGORY 1 REGULATORY INFORMATION DISTRIBUTION SYSTEM (RIDS)

ACCESSION AABR:9903220064 DOC.DATE: 99/03/15 NOTARIZED: NO DOCKET ACIL:50-400 Shearon Harris Nuclear Power Plant, Unit 1, Carolina 05000400 AUTH. NAME ~ AUTHOR AFFILIATION SCAROLA,J. ~ Carolina Power &, Light Co.

RECIP.NAME

~ RECIPIENT AFFILIATION Records Management Branch (Documen Control Desk)

SUBJECT:

Forwards proprietary 8 non-proprietary version of rev 3 to HI-971760, "Licensing Rept for Expanding Storage Capacity in Harris SFPs 'C' 'D'." Repts are reissued to reflect reduction in proprietary info. Proprietary info withheld.

DISTRIBUTION CODE: APOID TITLE: Proprietary Review COPIES RECEIVED:LTR Distribution I ENCL J SIZE:

Pre Operating License &: Operating Q NOTES:Application for permit renewal filed. 0500040$

RECIPIENT COPIES RECIPIENT COPIES.

ID CODE/NAME LTTR ENCL ID CODE/NAME LTTR ENCL PD2-1 LA 1 1 PD2-1 PD 1 1 FLANDERS, S 1 1 Y

INTERNAL: ACRS 1 1 FILE 'CENTER Ol OGC/HDS2 1 0 EXTERNAL: NRC PDR D

0 NOTE TO ALL NRIDSn RECIPIENTS PLEASE HELP US TO REDUCE WASTE. TO HAVE YOUR NAME OR ORGANIZATION REMOVED PROM DISTRIBUTION LISTS OR REDUCE THE NUMBER OP 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

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Carolina Power & Light Company lames Scarola PO Box 165 Vice President New Hill NC 27562 Harris Nuclear Plant SERIAL: HNP-99-032 MAa 15 lggg United States Nuclear Regulatory Commission ATTENTION: Document Control Desk Washington, DC 20555 SHEARON HARRIS NUCLEAR POWER PLANT DOCKET NO. 50-400/LICENSE NO. NPF-63 SPENT FUEL STORAGE RE-DESIGNATION OF PROPRIETARY INFORMATION

Dear Sir or Madam:

By letter dated December 23, 1998, Carolina Power & Light Company (CP&L) requested a license amendment to place Harris Nuclear Plant (HNP) spent fuel pools C and D in service.

Enclosure 6 to our letter provided a proprietary version of a report entitled, "Licensing Report for Expanding Storage Capacity in Harris Spent Fuel Pools C and D," prepared by Holtec International (Holtec) to support the addition of rack modules to pools C and D. Enclosure 7 to our letter provided a non-proprietary version of the Holtec Licensing Report for the purposes of public viewing.

As a result of recent discussions with the NRC, Holtec has re-assessed the proprietary designation of certain information provided to CP&L in support of the proposed license amendment. Accordingly, Holtec has re-issued both the proprietary and non-proprietary versions of the Licensing Report to reflect a reduction in the amount of information designated as proprietary.

Enclosures 1 and 2 to this letter provide Revision 3 of the re-issued Holtec reports which replace Enclosures 6 (proprietary version) and 7 (non-proprietary version), respectively, to our December 23, 1998 submittal. Enclosure 1 also includes a re-issued affidavit, prepared by Holtec, documenting the reasons for requesting the proprietary information be withheld from public viewing pursuant to 10 CFR 2.790.

The enclosed information is provided merely to reflect a re-designation of proprietary information. There is no change to the substantive information and data previously provided in Enclosures 6 and 7 to the December 23, 1998 submittal. Thus, there is no change to the facts, analysis, or conclusions set forth in the license amendment request, nor does it change our initial determination that the proposed license amendment represents a no significant hazards

'P9032200b4'9903i5 PDR'DOCK 05000400;,! t P PDR

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5tt13 Shearon Harris Road New Hill, NC Tel 919 362-2502 Fax 919 362-2095

Document Control Desk O

SERIAL: HNP-99-032 Page 2 of 3 Please refer any questions regarding this information to Mr. Steven Edwards at (919) 362-2498.

Sincerely, KWS/kws

Enclosures:

1. Licensing Report for Expanding Storage Capacity in Harris Spent Fuel Pools C and D, Revision 3, (Proprietary Version)

2. Licensing Report for Expanding Storage Capacity in Harris Spent Fuel Pools C and D, Revision 3, (Non-Proprietary Version) c: (w/o enclosures)

Mr. J. B. Brady, NRC Senior Resident Inspector Mr. Mel Fry, Acting Director, N.C. DEHNR Mr. R. J. Laufer, NRC Project Manager Mr. L. A. Reyes, NRC Regional Administrator

AFFIDAVITPURSUANT TO 10CFR2.790 I, Scott H. Pellet, being duly sworn, depose and state as follows:

(1) I am the Project Manager for Holtec International 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 the document entitled Licensing Report for Expanding Capacity in Harris Spent Fuel Pools C and D, Holtec Report HI-971760, Revision 3. The proprietary material in this document is delineated by proprietary designation on specific pages or by shaded text identified as being proprietary.

In making this application for withholding of proprietary information of which it is the owner, Holtec International 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 10CFR Part 9.17(a)(4),

2.790(a)(4), and 2.790(b)(1) for "trade secrets and commercial or financial information obtained from a person and privileged or confidential" (Exemption 4).

The material for which exemption from disclosure is here sought is all "confidential commercial information", and some portions also qualify under the narrower purposes of FOIA Exemption 4 in, respectively,

, 975F2dR71 g)C Ci . 1992),

, 704F2d1280 (DC Cir. 1983).

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definition of "trade secret", within the meanings assigned to those terms for (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 Holtec's competitors without license from Holtec International constitutes a competitive economic advantage over other companies;

C AF'FIDAVITPURSUANT TO 10CFR2.790

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.

c. Information which reveals cost or price information, production, capacities, budget levels, or commercial strategies of Holtec International, its customers, or its suppliers;

d. Information which reveals aspects of past, present, or future Holtec International customer-funded development plans and programs of potential commercial value to Holtec International;

e. 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, 4.b, 4.d, and 4.e, above.

(5) The information sought to be withheld is being submitted to the NRC in confidence.

The information (including that compiled from many sources) is of a sort customarily held in confidence by Holtec International, 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 Holtec International. No public disclosure has been made, and it is not available in public sources. All disclosures to third parties, including any required transmittals to the 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. Access to such documents within Holtec International is limited on a "need to know" basis.

AFFIDAVITPURSUANT TO 10CFR2.790 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 designee), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside Holtec International 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.

The information classified as proprietary was developed and compiled by Holtec International at a significant cost to Holtec International. This information is classified as proprietary because it contains detailed historical data and analytical results not available elsewhere. This information would provide other parties, including competitors, with information from Holtec International's technical database and the results of evaluations performed using codes developed by Holtec International. Release of this information would improve a competitor s position without the competitor having to expend similar resources for the development of the database. A substantial effort has been expended by Holtec International to develop this information.

Public disclosure of the information sought to be withheld is likely to cause substantial harm to Holtec International's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of Holtec International's comprehensive spent fuel storage 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.

The research, development, engineering, and analytical costs comprise a substantial investment of time and money by Holtec International.

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.

es a I AI'VII)AVITPURSUANT TO 10CFR2.790 Holtec International's competitive advantage will be lost ifits competitors are able to use the results of the Holtec International 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 Holtec International 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 windll, and deprive Holtec International of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.

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COUNTY OF BURLINGTON )

Scott H. Pellet, being duly sworn, deposes and says:

That he has read the foregoing affidavit and the matters stated therein are true and correct to the best of his knowledge, information, and belief.

Executed at Marlton, New Jersey, this 18th day of February 1999.

Scott H. Pellet Holtec International Subscribed and sworn before me this ~+ day of > 1999.

MARlAC. PEPE NOTARY PUBLIC OF NEW JER$ P(

My Commlsshn Expires Apg 2S, 2000

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