ML18039A454
| ML18039A454 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry  |
| Issue date: | 07/24/1998 |
| From: | Abney T TENNESSEE VALLEY AUTHORITY |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML18039A455 | List: |
| References | |
| TAC-M99711, TAC-M99712, NUDOCS 9808060150 | |
| Download: ML18039A454 (15) | |
Text
CATEGORY REGULA RY XNFORMATXON DISTRIBUTION SYSTEM (RXDS)
ACCESSION NBR:9808060150 DOC.DATE: 98/07/24'OTARIZED:
YES DOCKET I FACIL:50-260 Browns Ferry Nuclear Power Station, Unit 2, Tennessee 05000260 50-296 Browns Ferry Nuclear Power Station, Unit 3, Tennessee 05000296 AUTH.NAME AUTHOR AFFILIATION ABNEY,T.ED Tennessee Valley, Authority RECXP.NAME RECIPIENT, AFFILIATION Records Management Branch (Document Control Desk)P~
SUBJECT:
Provides proprietary
& non-proprietary info in response t issues discussed at 980709 meeting re TS-384 which would l allow plants to operate at uprated power level of 3458 EWt.
DISTRIBUTION CODE:
AP01D COPIES RECEIVED:LTR ENCL SIZE:
~
T TITLE: Proprietary Review Distribution - Pre Operating License
& Operating R
E NOTES:
RECIPIENT ID CODE/NAME PD2-3 DEAGAZIO,A COPIES LTTR ENCL 1
1 1
1 RECIPIENT ID CODE/NAME PD2-3-PD COPIES LTTR ENCL 1
1 INTERNAL: ACRS OGC/HDS3 EXTERNAL: NRC PDR 1
1 ILE CENTE 01 1
0 1
1 D
E 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 E
l A
1 k
Tennessee Valley Authority. Post Office Box 2000, Decatur, Aiabarna 35609 July 24, 1998 U.ST Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D.C.
20555 Gentlemen:
In the Matter of
)
Tennessee Valley Authority
)
Docket Nos.
50-260 50-296 BROWNS FERRY NUCLEAR PLANT (BFN)
RESPONSE
TO REQUEST FOR ADDITIONAL INFORMATION (RAI) RELATING TO UNITS 2 AND 3 TECHNICAL SPECIFICATION (TS)
CHANGE NO. TS-384 POWER UPRATE OPERATION (TAC NOS.
M99711 AND M99712)
This letter provides additional information requested by NRC in support of TS-384.
On October 1,
- 1997, TVA provided TS-384, an amendment to Operating Licenses DPR-52 and DPR-68 that will allow Units 2 and 3 to operate at an uprated power level of 3458 MWt.
On July 9,
- 1998, TVA met with NRC Staff to discuss open issues regarding the power uprate license amendment for BFN.
Enclosure 1 provides TVA's response to the issues discussed in the July 9,
- 1998, meeting.
This enclosure includes replies to each of the NRC requests from the July 9,
- 1998, meeting as listed in Attachment 2 of the meeting summary (Reference 2) and replies to additional requests noted during the meeting.
Enclosure 2 provides excerpts from TVA calculations as described in the response to Request 4.f of Enclosure 1.
As discussed in the response to Request 5.b of Enclosure 1,
some changes are required to NEDC-32751P in our October 1,
- 1997, submittal.
Replacement pages for these changes are included in Enclosure 3., The replacement pages for NEDC-32751P are part of a proprietary document and should be withheld from eaosoeotso r" " 'oo<<iosoooaeo paw
U.S. Nuclear Regulatory Commission Page 2
July 24, 1998 public disclosure in accordance with 10 CFR 2.790(a) (4).
The affidavit supporting the request in accordance with 10 CFR 2.790(b)(1) is provided in Enclosure 4.
As discussed in the response to Request 3.a of Enclosure 1,
NEDC-32484P is provided as Enclosure 5.
NEDC-32484P is a
proprietary document and should be withheld from public disclosure in accordance with 10 CFR 2.790(a)(4).
The affidavit supporting the request in accordance with 10 CFR 2.790(b)(1) is provided in Enclosure 6.
There are no commitments made in this letter.
If you have any questions, please telephone me at (256) 729-2636.
Si cerel T. E. Abney Manager o
icen and Ind stry A zng fairs cc:
See Page
U.S. Nuclear Regulatory Commission Page 3
July 24, 1998 RE FERENCE S 1.
2.
TVA letter to NRC dated October 1,
- 1997, "Browns Ferry Nuclear Plant (BFN)
Units 2 and 3
Technical Specification (TS)
Change TS-384 Request for License Amendment for Power Uprate Operation" Meeting'otice dated July 10,
M99711 and M99712)"
U.S. Nuclear Regulatory Commission Page 4
July 24, 1998 Enclosure cc (Enclosure):
Albert W.
De Agazio, Project Manager U.S. Nuclear Regulatory Commission One White Flint, North 11555 Rockville Pike Rockville, Maryland 20852 Mr. Harold O. Christensen, Branch Chief U.S. Nuclear Regulatory Commission Region II 101 Marietta Street, NW, Suite 2900
- Athens, Alabama 35611 L. Raghavan, Project Manager U.S. Nuclear Regulatory Commission One White Flint, North 11555 Rockville Pike Rockville, Maryland 20852
ENCLOSURE 4
TENNESSEE VALLEY AUTHORITY BROWNS FERRY NUCLEAR PLANT UNITS 2 AND 3 BROWNS FERRY NUCLEAR PLANT (BFN)
RESPONSE
TO REQUEST FOR ADDITIONAL INFORMATION (RAI) RELATING TO UNITS 2 AND 3 TECHNICAL SPECIFICATION (TS)
CHANGE NO. TS-384 POWER UPRATE OPERATION (TAC NOS.
M99711 AND M99712)
GE AFFIDAVIT FOR NEDC-32751P (See Attached)
General Electric Company AFFIDAVIT I, George B. Stramback, being duly sworn, depose and state as follows:
(1) I am Project Manager, Regulatory Services, General Electric Company ("GE") 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 GE proprietary report NEDC-32751P, Power Uprate Safety Analysis for the Browns Ferry Nuclear Plant Units 2 dc 3, Class III(GE Proprietary Information), dated September 1997.
This document,'taken as a whole, constitutes a proprietary compilation of information, some of it also independently proprietary, prepared by the General Electric Company. The independently proprietary elements are delineated by bars marked in the margin adjacent to the specific material.
(3)
In making this application for withholding ofproprietary information ofwhich it is the owner, GE relies upon the exemption &om 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 10 CFR 9.17(a)(4),
2.790(a)(4),
and 2.790(d)(l) for "trade secrets and commercial or financial information obtained Rom 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 definition of "trade secret",
within the meanings assigned to those. terms for purposes of FOIA Exemption 4 in, respectively, v
C 97792d87181CC1.19927, d
, 704F2dl280 (DC Cir. 1983).
(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 ofits use by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies; GBS-97-6-afTVApu I.doc AffidavitPage I
b.
Information which, ifused by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance ofquality, or licensing ofa similar product; c.
Information which reveals cost or price information, production capacities, budget levels, or commercial strategies of General Electric, its customers, or its suppliers; d.
Information which reveals aspects of past, present, or future General Electric customer-funded development plans and programs, of potential commercial value to General Electric; e.
Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
Both the compilation as a whole and the marked independently proprietary elements incorporated in that compilation are considered proprietary for the reason described in items (4)a. and (4)b., above.
(5)
The information sought to be withheld is being submitted to NRC in confidence.
That information (both the entire body of information iri the form compiled in this document, and the marked individual proprietary elements) is of a sort customarily held in confidence by GE, and has, to the best ofmy knowledge, consistently been
- held in confidence by GE, has not been publicly disclosed, and is not available in public sources. Alldisclosures to third parties including any required transmittals to 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 ofthe information in relation to industry knowledge.
Access to such documents within GE is limited on a "need to know" basis.
(7)
The procedure for approval ofexternal release of such a document typically requires review by the staff manager, project manager, principal scientist or other equivalent authority, by the manager ofthe cognizant marketing function (or his delegate), and by the Legal Operation, for technical content, competitive effect, and determination ofthe accuracy ofthe proprietary designation.
Disclosures outside GE 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.
GBS-97-6-afTVApu I.doc AffidavitPage 2
(8)
The information identified by bars in the margin is classified as proprietary because it contains detailed results and conclusions Rom these evaluations, utilizing analytical models and methods, including computer codes, which GE has developed, obtained NRC approval of, and applied to perform evaluations of transient and accident events in the GE Boiling Water Reactor ("BWR"). The development and approval of these system, component, and thermal hydraulic models and computer codes was achieved at a significant cost to GE, on the order of several million dollars.
The remainder of the information identified in paragraph (2), above, is classified as proprietary because it constitutes a
confidential compilation of information, including detailed results of analytical models, methods, and processes, including computer codes, and conclusions from these applications, which represent, as a whole, an integrated process or approach which GE has developed, obtained NRC approval of, and applied to perform evaluations of the safety-significant changes necessary to demonstrate the regulatory acceptability of a given increase in licensed power output for a GE BWR. The development and approval of this overall approach was achieved at a significant additional cost to GE, in excess of a million dollars, over and above the very large cost of developing the underlying individual proprietary analyses.
To effect a change to the licensing basis ofa plant requires a thorough evaluation of the impact ofthe change on all postulated accident and transient events, and all other regulatory requirements and commitments included in the plant's FSAR. 'he analytical process to perform and document these evaluations for a proposed power uprate was developed at a substantial investment in GE resources and expertise.
The results from these evaluations identify those BWR systems and components, and those postulated
- events, which are impacted by the changes required to accommodate operation at increased power levels, and, just as importantly, those which are ~ so impacted, and the technical justification for not considering the latter in changing the licensing basis.
The scope thus determined forms the basis for GE's offerings to support utilities in both performing analyses and providing licensing consulting services.
Clearly; the scope and magnitude of effort of any attempt by a competitor to effect a similar licensing change can be narrowed considerably based upon these results. Having invested in the initial evaluations and developed the solution strategy and process described in the subject document GE derives an important competitive advantage in selling and performing these services.
However, the mere knowledge of the impact on each system and component reveals the process, and provides a guide to the solution strategy.
(9)
Public disclosure of the information sought to be withheld is likely to cause substantial harm to GE's competitive position and foreclose or reduce the availability of profit-making opportunities.
The information is part of GE's comprehensive BWR technology
- base, and its commercial value extends beyond the original development cost.
The value of the technology base goes beyond the extensive GBS-97-6-affVApu l.doc AffidavitPage 3
physical database and analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation process.
In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods, including justifications for not including certain analyses in applications to change the licensing basis.
GE's competitive advantage willbe lost ifits competitors are able to use the results of the GE experience to avoid fruitless avenues, or to normalize or verify their own
- process, or to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.
In particular, the specific areas addressed by any document and submittal to support a change in the safety or licensing bases of the plant will clearly reveal those areas where detailed evaluations must be performed and specific analyses revised, and also, by omission, reveal those areas
~ so affected.-
While some of the underlying analyses, and some of the gross structure of.the
- process, may at various times have been publicly revealed, enough of both the analyses and the detailed structural &amework of the process have been held in confidence that this information, in this compiled form, continues to have great competitive value to GE. This value would be lost ifthe information as a whole, in the context and level of detail provided in the subject GE document, were to be disclosed to the public. Making such information available fo competitors without their having been required to undertake a similar expenditure ofresources, including that required to determine the areas that are ~ affected by a power uprate and are therefore blind alleys, would unfairly provide competitors with a windfall, and deprive GE of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing its analytical process.
GBS-97-6-afTVApu I.doc AffidavitPage 4
STATE OF CALIFORNIA
)
)
COUNTY OF SANTACLARA
)
ss:
George B. Stramback, 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 ofhis knowledge, information, and belief.
Executed at San Jose, California, this,~g day of 1997.
G rge B. Stramback General Electric Company
+4'ubscribed and sworn before me this day of 0 d~Z~ 1997.
ANNAHANUN n ,
'OMM. 81030164 O
a' NOTARY PUBLCCALIFORMA O a.
SAN FRANCISCO COUNTY MyCaem Expires June 19, 1998 Notary Public, State ofCalifornia GBS-97-6-afTVApu I.doc AffidavitPage 5
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