ML18269A119
| ML18269A119 | |
| Person / Time | |
|---|---|
| Site: | 99902016 |
| Issue date: | 09/24/2018 |
| From: | McGehee A Electric Power Research Institute |
| To: | Joseph Holonich Document Control Desk, Division of Licensing Projects |
| Shared Package | |
| ML18269A189 | List: |
| References | |
| 2018-121 | |
| Download: ML18269A119 (6) | |
Text
{{#Wiki_filter:~f=:11211 ELECTRIC POWER a=,-RESEARCH INSTITUTE 2018-121 ________________ ,BWR Vessel & Internals Project (BWRVIP) September 24, 2018 Document Control Desk U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 Attention: Joseph Holonich
Subject:
Docket No. 99902016-September 26, 2018 Meeting with NRC to Discuss Second License Renewal Activities for BWRs
References:
- 1. "BWRVIP-315:
BWR Vessel and Internals Project, Reactor Internals Aging Management Evaluation for Extended Operations", EPRI Technical Report 3002012535 (To be Published)
- 2. "BWRVIP-316:
BWR Vessel and Internals Project, Reactor Pressure Vessel Aging Management Evaluation for Extended Operations", EPRI Technical Report 3002012536 (To be Published) The BWRVIP requested a meeting with the NRC on September 26, 2018 to discuss Second License Renewal activities related to the reactor pressure vessel (RPV) and reactor vessel internals (RVI) for boiling water reactors (BWRs). Due to the proprietary nature of the information to be presented, the BWRVIP requested that the meeting be a closed meeting. Enclosed is a copy of the BWRVIP's presentation materials associated with References 1 and 2. Please note that the enclosed presentation materials contain proprietary information. A letter requesting that the presentation materials be withheld from public disclosure and an affidavit describing the basis for withholding this information are provided as Attachment
- 1. A non-proprietary version of the BWRVIP's presentation materials is also enclosed.
This proprietary response is identical to enclosed proprietary presentation materials except that the proprietary information has been deleted. Please notify Debbie Rouse (EPRI) at email drouse@epri.com or by telephone at 704-595-2520 if you have any receipt difficulties. Together ... Shaping the Future of Electricity PALO ALTO OFFICE 3.420 Hillview Avenue, Palo Alto, CA 9.430.4*1395 USA* 650.855.2000
- Customer Service 800.313.377.4
- www.epri.com
- ' Sincerely, A~?!~ Andrew McGehee, EPRI, BWRVIP Program Manager
. , BWRVIP 2018-121, Attachment 1 1 ELECTRIC POWER ~1-1'--RESEARCH INSTITUTE Ref. EPRI Docket No. 99902016 September 24, 2018 Document Control Desk Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washingt~n. DC 20555-0001
Subject:
Request for Withholding of the following Proprietary Information Included in: NEIL WILMSHURST Vice President and Chief Nuclear Officer EPRI Presentation Materials for September 26, 2018 Closed Meeting with the NRC to Discuss "BWRVIP-315: BWR Vessel and Internals Project, Reactor. Internals Aging Management Evaluation for Extended Operations", EPRI Technical Report 3002012535 (To be Published) and "BWRVIP-316: BWR Vessel and Internals Project, Reactor Pressure Vessel Aging Management Evaluation for Extended Operations", EPRI Technical Report 3002012536 (To be Published) To Whom It May Concern: This is a request under 10 C.F.R. §2.390(a)(4) that the U.S. Nuclear Regulatory Commission ("NRC") withhold from public disclosure the report identified in the enclosed Affidavit consisting of the proprietary information owned by Electric Power Research Institute, Inc. ("EPRI") identified in the referenced reports. Proprietary and non-proprietary versions of the presentation material and the Affidavit in support of this request are enclosed. EPRI desires to disclose the Proprietary Information in confidence to assist the NRC review of the enclosed submittal to the NRC by EPRI. The Proprietary Information is not to be divulged to anyone outside of the NRG or to any of its contractors, nor shall any copies be made of the Proprietary lnfomation provided herein. EPRI welcomes any discussions and/or questions relating to the information enclosed. If you have any questions about the legal aspects of this request for withholding, please do not hesitate to contact me at (704) 595-2732. Questions on the content of the Report should be directed to Andy McGehee of EPRI at (704) 502-6440. Sincerely, ~/ Attachmen~s) /"' Together ... Shaping the Future of Electricity 1300 West W.T. Harris Boulevard, Charlotte, NC 28262-8550 USA* 704.595.2732
- Mobile 704.490.2653
- nwilmshurst@epri.com I I I 1 !
~t.::sf':111 ELECTRIC POWER -=,1-1~ RESEARCH INSTITUTE AFFIDAVIT RE: Request for Withholding of the Following Proprietary Information Included In: EPRI Presentation Materials for September 26th Closed Meeting with the NRC to Discuss "BWRVIP-315: BWR Vessel and Internals Project, Reactor Internals Aging Management Evaluation for Extended Operations", EPRI Technical Report 3002012535 (To be Published) and "BWRVIP-316: BWR Vessel and Internals Project, Reactor Pressure Vessel Aging Management Evaluation for l;xtended Operations", EPRI Technical Report 3002012536 (To be Published) I, Neil Wilmshurst, being duly sworn, depose and state as follows: I am the Vice President and Chief Nuclear Officer at Electric Power Research Institute, Inc. whose prtncipal office is located at 3420 Hillview Avenue, Palo Alto, California ("EPRI) and I have been specifically delegated responsibility for the above-listed Report that contains EPRI Proprietary Information that is sought under this Affidavit to be withheld "Proprietary Information". I am authorized to apply to the U.S. Nuclear Regulatory Commission ("NRC") for the withholding of the Proprietary Information on behalf of EPRI. EPRI Proprietary Information is identified in the above referenced presentation materials by double brackets. Example of such identification is as follows: [[his sentence is an examplel] Tables, figures, or graphics containing EPRI Proprietary Information are identified with double brackets before and after the object. In each case this affidavit is the basis for the proprietary determination. EPRI requests that the Proprietary Information be withheld from the public on the following bases: Withholding Based Upon Privileged And Confidential Trade Secrets Or Commercial Or Financial Information (see e.g. 10 C.F.R. §2.390(a)(4)}::
- a. The Proprietary Information is owned by EPRI and has been held in confidence by EPRI. All entities accepting copies of the Proprietary Information do so subject to written agreements imposing an obligation upon the recipient to maintain the confidentiality of the Proprietary Information.
The Proprietary Information is disclosed only to parties who agree, in writing, to preserve the confidentiality thereof. b. EPRI considers the Proprietary information contained therein to constitute trade secrets of EPRI. As such, EPRI holds the Information in confidence and disclosure thereof is strictly limited to individuals and entities who have agreed, in writing, to maintain the confidentiality of the Information.
- c. The information sought to be withheld is considered to be proprietary for the following reasons. EPRI made a substantial economic investment to develop the Proprietary Information, and, by . ' l I I I I I prohibiting public disclosure, EPRI derives an economic benefit in the form of licensing royalties and other additional fees from the confidential nature of the Proprietary Information.
If the Proprietary Information were publicly available to consultants and/or other businesses providing services in the electric and/or nuclear power industry, they would be able to use the Proprietary Information for their own. commercial benefit and profit and without expending the substantial economic resources required of EPRI to develop the Proprietary Information .. d. EPRl's classification of the Proprietary Information as trade secrets is justified by the Uniform Trade Secrets Act which California adopted in 1984 and a version of which has been adopted by over forty states. The California Uniform Trade Secrets Act, California Civil Code §§3426 -3426.11, defines a "trade secret" as follows: "'Trade secret' means information, including a formula, pattern, compilation, program device, method, technique, or process, that: (1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (2) Is the subject of efforts that are reasonable under the circumstances to . maintain its secrecy." e. The Proprietary Information contained therein are not generally known or available to the public. EPRI developed the Information only after making a determination that the Proprietary Information was not available from public sources. EPRI made a substantial investment of both money and employee hours in the development of the Proprietary Information. EPRI was required to devote these resources and effort to derive the Proprietary Information. As a result of such effort and cost, both in terms of dollars spent and dedicated employee time, the Proprietary Information is highly valuable to EPRI. f. A public disclosure of the Proprietary Information would be highly likely to cause substantial harm to EPRl's competitive position and the ability of EPRI to license the Proprietary Information both domestically and internationally. The Proprietary Information can only be acquired and/or duplicated by others using an equivalent investment of time and effort. I have read the foregoing and the matters stated herein are true and correct to the best of my knowledge, information and belief. I make this affidavit under penalty of perjury under the laws of the United States of America and under the laws of the State of North Carolina. Executed at 1300 W WT Harris Blvd., Charlotte, North Carolina being the premises and place of business of Electric Power Research Institute, Inc. (State of North Carolina) {County of Mecklenburg) Subscrjbed 1~~0 {or affirmed) before me on this ~rla_y of , 2011. by _'71pj_~-.... lt .... ...... ~,__-. ________ , proved to me on the basis of s~ence to be the person{s) who appeared before me. Signature Q..J.&t#t. JI. My Commission Expires J.~y of (Seal) ,,, .. ,,,, , ""o#-H ,.,*Ira', ,.,~'Q v. ... ' .. ..... <) "(Cl, .. : NOTARY PUBLIC ': : CABARRUS : --,";. COUNTY "' : ,, 1-a ~'l" ",.., .. ,~1),-CM~.o;-~ "" " ,2od J}}