HNP-99-059, Forwards non-proprietary App 4A,pages 20-25 & Proprietary Page 4-6 to re-issued Rev 3 of Holtec International Licensing Rept HI-971760.Pages Were Inadvertently Omitted from Reissued Rept.Proprietary Page 4-6 Withheld
| ML18016A891 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 04/05/1999 |
| From: | Scarola J CAROLINA POWER & LIGHT CO. |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML18016A893 | List: |
| References | |
| HNP-99-059, HNP-99-59, NUDOCS 9904130221 | |
| Download: ML18016A891 (12) | |
Text
CATEGORY 1 REGULATORY INFORMATION 'OISTRIBUTIO SYSTEM (RID@'>'~
ACCESSION NBR:9904130221 DOC.DATE: 99/04/05 NOTARIZED: YES DOCKET-5 FACIL:50-400 Shearon Harris Nuclear Power Plant, Unit 1, Carolina 05000400 AUTH.NPjfE."
AUTHOR AFFILIATION SCAROLA,J.
Carolina Power
&, Light Co.
RECIP.NAME RECIPIENT AFFILIATION Records Management Branch (Document Control Desk)
SUBJECT:
Forwards non-proprietary App 4A,pages 20-25 E proprietary page 4-6 to re-issued rev 3 of Holtec International C
licensing rept HI-971760.Proprietary encl withheld.
A DTSTR1BUT10N CODE:
AP01D CORTES RECET'IJED:LTR i ENCL i S1EE: 7 +
TITLE: Proprietary Review Distribution - Pre Operating License
& Oper ting K NOTES:Application for permit renewal filed.
0500040@
RECIPIENT ID CODE/NAME PD2-1 LA FLANDERS,S C
COPIES LTTR ENCL 1
1 1
RECIPIENT ID CODE/NAME PD2-1 PD COPIES LTTR ENCL 1=
1 INTERNAL: ACRS OGC/HDS2 1
1 1
0 IXr~EM?ER 0%~
1 1
EXTERNAL: NRC PDR D
'N 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
Carolina Power & Light Company PO Box 165 New Hill NC 27562 James Scarola Vice President Harris Nuclear Plant APR 5 1999 SERIAL: HNP-99-059 United States Nuclear Regulatory Commission ATTENTION: Document Control Desk Washington, DC 20555 SHEARON HARRIS NUCLEARPOWER PLANT DOCKET NO. 50-400/LICENSE NO. NPF-63 SPENT FUEL STORAGE PAGE ADDITIONS-HOLTEC REPORT
Dear Sir or Madam:
By letter dated March 15, 1999 (SERIAL: HNP-99-032), Carolina Power &Light Company (CP&L) provided re-issued (Revision 3) proprietary and non-proprietary versions of a licensing report prepared by Holtec International (Holtec) to support the addition ofrack modules to spent fuel pools C and D. The Holtec licensing report was re-issued merely to reflect a reduction in the amount of information previously designated by Holtec as proprietary.
Page 4-6 of the proprietary version and Appendix 4A, pages 20 through 25 of the non-proprietary version, however, were inadvertently omitted from the re-issued copies of the report. The omitted pages (7 pages total) are enclosed and should be inserted in the appropriate locations within the re-issued copies of the report. Please note that enclosed page 4-6 includes information considered by Holtec as proprietary pursuant to 10 CFR 2.790. In this regard, CP&Lrequests enclosed page 4-6 be withheld from public viewing. A re-issued affidavit, prepared by Holtec to document the reasons for requesting the proprietary information be withheld from public viewing and included in our March 15, 1999 letter, is enclosed.
Please refer any questions regarding this information to Mr. Steven Edwards at (919) 362-2498.
Sincerely, p(o ]
9904i3022i 995000400 PDR ADQCK 0 p
KWS/kws Enclosure 5413 Shearon Harris Road New Hill,NC Tel 919 362-2502 Fax 919 362-2095
Oocument Control Desk SERIAL: HNP-99-059 Page 2 c: (w/o enclosure)
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
Document Control Desk SERIAL: HNP-99-059 Page 3 I
I bc: (w/o enclosure)
Ms. D. B. Alexander Mr. K. B. Altman Mr. G. E. Attarian Mr. R. H. Bazemore Mr. S. R. Carr Mr. J. R. Caves Mr. H. K. Chernoff (RNP)
Mr. B. H. Clark Mr. W. F. Conway Mr. G. W. Davis Mr. W. J. Dorman (BNP)
Mr. R. S. Edwards Mr. R. J. Field Mr. K. N. Harris Ms. L. N. Hartz Mr. W J. Hindman Mr. C. S. Hinnant Mr. W. D. Johnson Mr. G. J. Kline Ms. W. C. Langston (PEkRAS File)
Mr. R. D. Martin Mr. J. W. McKay Mr. T. C. Morton Mr. J. H. O'eill, Jr.
Mr. W. S. Orser Mr. J. M. Taylor Nuclear Records Harris Licensing File Files: H-X-0511 H-X-0642
I b
AFFIDAVITPURSUANT TO 10CFR2.790 FEB.Z 1999.
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 identi6ed as being proprietary.
(3)
In making this application for withholding ofproprietary information of which it is the owner, Holtec International relies upon the exemption from disclosure set forth in the Freedom ofInformation 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 de6nition of "trade secret", within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively,
, 978l2d87l 97C Cl
. 79927, d~
, 704F2dl280 (DC Cir. 1983).
(4)
Some examples of categories of information which fit into the definition of proprietary information are:
ad 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;
4 f
ff ff, III
AFPXDAVITPURSUANT TO 10CFR2.790 b.
Information which, ifused by a competitor, would reduce his expenditure ofresources 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.
Alldisclosures 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 ofproprietary 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 ofthe information in relation to industry knowledge.
Access to such documents within Holtec International is limited on a "need to know" basis.
r; h fy
'J l
l) d lu
~'
AFFIDAVlTPURSUANT TO 10CFR2.790 (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 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 ofevaluations 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 develop'ment cost.
The value of the technology base goes beyond the extensive physical database and analytical methodology, and includes development ofthe 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 difficultto quantify, but it clearly is substantial.
AFS'IDAVITPURSUANT TO 10CFR2.790 Holtec International's competitive advantage willbe lost ifits competitors are able to use the results ofthe 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 ofresources would unfairly provide competitors with a windM, 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.
STATE OF NEW JERSEY
)
)
ss:
COUNTY OF BURLINGTON
)
Scott H. Pellet, being duly sworn, deposes and says:
That he has read the foregoing af6davit 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 be fore me this~ day of e ~
1999.
MARIAC. PEPE NOTARYPUBUC OF NEWJERSPf MyCommhshn Explrss ApN2S,2000