NL-19-1436, Submittal of Errata Pages to License Amendment Request for Measurement Uncertainty Recapture Power Uprate (NL-19-0795)
| ML19331A099 | |
| Person / Time | |
|---|---|
| Site: | Farley  |
| Issue date: | 11/25/2019 |
| From: | Coleman J Southern Nuclear Operating Co |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19331A170 | List: |
| References | |
| NL-19-1436 | |
| Download: ML19331A099 (10) | |
Text
>-er Southern Nuclear NOV 2 5 2019 Regulatory Aff8.lrs 3535 Colonnade Parkway Binrnngham, AL 35243 205.992 5000 tel 205.992 7795 fax Enclosed Attachment 7 contains a proprietary version of an engineering report. Under 1 O CFR 2.390, withhold from public disclosure. Upon removal of the ro rieta re ort, this letter is uncontrolled.
Docket Nos.: 50-348 50-364 ATIN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, D. C. 20555-0001 Joseph M. Farley Nuclear Plant Units 1 and 2 10 CFR 50.90 NL-19-1436 Submittal of Errata Pages to License Amendment Request for Measurement Uncertainty Recapture Power Uprate (NL-19-0795)
Ladies and Gentlemen:
Pursuant to 1 O CFR 50.90, Southern Nuclear Operating Company (SNC) submitted a request for an amendment to the Joseph M. Farley Nuclear Plant (FNP) Unit 1, Renewed Facility Operating License (NPF-2), and Unit 2, Renewed Facility Operating License (NPF-8), to allow for 9-measurement uncertainty recovery power uprate (MUR-PU).
Subsequent to submittal, editorial errors were identified in the proprietary portion of Attachment 7 to the submittal. This letter provides a revised proprietary portion of Attachment 7.
Associated references to the original proprietary portion of Attachment 7 should now be understood to refer to the new proprietary portion of Attachment 7. The enclosed proprietary portion of Attachment 7 should replace the proprietary portion of Attachment 7 in the original submittal. No changes are made to the non-proprietary portion. As these changes are editorial and clarifying in nature, they have no impact on the no significant hazards consideration or the environmental considerations of the original submittal.
As Attachment 7 contains revised infonnation proprietary to Cameron, an additional affidavit is included and signed by Cameron (a.k.a. Caldon), the owner of the information. The affidavit sets forth the basis on which the infonnation may be withheld from public disclosure by the NRC and addresses with specificity the considerations listed in paragraph (b)(4) of 1 O CFR 2.390.
Accordingly, it is requested that the infonnation that is proprietary to Cameron be withheld from public disclosure in accordance with 1 O CFR 2.390. Correspondence with respect to the copyright or proprietary aspects of the information listed above or the supporting Cameron affidavit should reference Cameron letter CAW 19-07, as appropriate, and should be addressed to Joanna Phillips, Nuclear Sales Manager, Caldon Ultrasonics Technology Center, Cameron, O /
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SNC to NRC I.AR Supplement Enclosure NL-19-1436 1000 McClaren Woods Drive, Coraopolis, PA, 15108.
In accordance with 1 O CFR 50.91, SNC is notifying the state of Alabama of this LAR supplement by transmitting a copy of this letter to the designated state official.
If you have any questions or if additional information is needed, please contact Jamie Coleman at (205) 992.6611.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on the ;. 5 ti. day of November 2019.
~'11.~
.. Coleman
~:nager Southern Nuclear Operating Company JMC/was/scm
Enclosure:
Replacement-Proprietary Portion of Attachment 7 to NL-19-0795 and Associated Affidavit cc:
NRG Regional Administrator NRG NRR Project Manager - Farley 1 &2 NRG Senior Resident Inspector - Farley 1 & 2 Alabama - State Health Officer for the Department of Public Health SNC Document Control R-Type: CFA04.054
SNC to NRG LAR Supplement Enclosure NL-19-1436 Enclosure Replacement-Proprietary Portion of Attachment 7 to NL-19-0795 and Associated Affidavit
sensia November 14, 2019 CAW19-07 Document Control Desk U. S. Nuclear Regulatory Commission Washington, DC 20555 Cameron Technologies US LLC APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DIS~WSURE
Subject:
Cameron Engineering Report ER-1182 Rev 1 and Rev 1 Errata "Meter Factor Calculation.and Accuracy Assessment for Farley Uni~ 1" Gentlemen:
This application for withholding is submitted by Cameron Technologies US, LLC, a Delaware limited liability company (herein called "Cameron") pursuant to the provisions of paragraph (b )(1) of Section 2.390 of the Commission's regulations. It contains trade secrets and/or commercial information proprietary to Cameron and customarily held in confidence.
The proprietary information for which withholding is being requested is identified in the subject submittal In conformance with 10 CPR Section 2.390, Affidavit CAW 19-07 accompanies this application for withholding setting forth the basis on which the identified proprietary information may be withheld from public disclosure.
Accordingly, it is respectfully requested that the subject information, which is proprietary to Cameron, be withheld from public disclosure in accordance with 10 CFR Section 2.390 of the Commission's regulations.
Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW 19-07 and should be addressed to the undersigned.
V8{Ytrulyy~~ ~
/;utd/eff#
"Joanna Phillips Nuclear Sales Manager Enclosures (Only upon separation of the enclosed confidential material should this letter and affidavit be released.)
1 I
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF ALLEGHENY:
AFFIDAVIT ss November 14, 2019 CAW 19-07 Before me, the undersigned authority, personally appeared Joanna Phillips, who, being by me duly sworn according to law, deposes and says that she is authorized to execute this Affidavit on behalf of Cameron Technologies US, LLC, a Delaware limited liability company (herein called "Cameron"), and that the averments of fact set forth in this Affidavit are true and correct to the best of her knowledge, information, and bel!ef:,
/A /J
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Signed and sworn to before me this \\4 day of fvJ~M'otc. 2019 A
J\\ilMl)G A ' h~
Notary Public Commonweeltft of Penneylvanll - NoCaly Seal FrancesA. Lawla, Notary Pubflc AleghenyCounty My com minion explrea Nowmber26, 2022 Commlatlon number 1287160 4oanna Phillips Nuclear Sales Manager 1
November 14, 2019 CAW 19-07
- 1. I am the Nuclear Sales Manager for Caldon Technologies US, LLC, and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing and rulemaking proceedings, and am authorized to apply for its withholding on behalf of Cameron.
- 2. I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.390 of the Commission's regulations and in conjunction with the Cameron application for withholding accompanying this Affidavit
- 3. I have personal knowledge of the criteria and procedures utilized by Cameron in designating information as a trade secret, privileged or as confidential commercial or financial informatjon.
- 4. Cameron requests that the information identified in paragraph S(v) below be withheld from the public on the following bases:
Trade secrets and*commercial information obtained from a person and privileged or confidential The material and information provided herewith is so designated by Cameron, in accordance with those criteria and procedures, for the reasons set forth below.
- 5. Pursuant to the provisions of paragraph (b) (4) of Section 2.390 of the Commission's regulations, the following is furnished for consideration by the Commission in determining
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whether the information sought to be withheld from public disclosure should be withheld.
(i)
The information sought to be withheld from public disclosure is owned and has been held in confidence by Cameron.
(ii)
The information is of a type customarily held in confidence by Cameron and not customarily disclosed to the public. Cameron has a rational basis for determining the I
types of information customarily held in confidence by it and, in that connection utilizes a 2
November 14, 2019 CAW 19-07 system to determine when and whether to hold certain types of information in confidence. The application of that system and the substance of that system constitutes Cameron policy and provides the rational basis required. Furthermore, the information is submitted voluntarily and need not rely on the evaluation of any rational basis.
Under that system, information is held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential advantage, as fq~ows:
(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Cameron's competitors without license from Cameron constitutes a competitive economic advantage over other companies.
(b) It consists of supporting data, including test data, relative to a process ( or component, structure, tool, method, etc.), the application of which data secures a competi?ve economic advantage, e.g., by optimization or improved marketability.
(c) Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, and assurance of quality, or licensing a similar product (d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Cameron, lts customer or suppliers.
( e) It reveals aspects of past, present or future Cameron or customer funded development plans and programs of potential customer value to Cameron.
(f) It contains patentable ideas, for which patent protection may be desirable.
The information.sought to be withheld is considered to be proprietary fo~ the r~asons set forth in paragraphs (a), (b) and (c), abovE:-
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November 14, 2019 CAW 19-07 There are sound policy reasons behind the Cameron system, which include the following:
(a) The use of such information by Cameron gives Cameron a competitive advantage over its competitors. It ts, therefore, withheld from disclosure to protect the Cameron competitive position.
(b) It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Cameron ability to sell products or services involving the use of the information.
(c) Use by our competitor would put Cameron at a competitive disadvantage by
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reducing his expenditure of resources at our expense.
( d) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Cameron of a competitive advantage.
( e) Unrestricted disclosure would jeopardize the position of prominence of Cameron in the world market, and thereby give a market advantage to the competition of those countries.
(f) The Cameron capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
(iii) The information is being transmitted to the Commission in confidence, and, under the provisions of 10 CFR §§ 2. 390, it ts to be received in confidence by the Commission.
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November 14, 2019 CAW 19-07 (iv) The information sought to be protected is not available in public sources or available information has not been previously employed in the same manner or method to the best of our knowledge and belief.
(v)
The proprietary information sought to be withheld is the submittal titled:
Cameron Engineering Report ER-1182P Rev 1 and Rev 1 Errata "Meter Factor Calculation and Accuracy Assessment for Farley Unit 1" Pages Rev 1 Errata, 1,2,3, 7,8,9, 10, 11, 12, 13, 14, 15, 16, 17, 18,20,21,22,23,24 contain partial proprietary information Appendix B index page and Appendix A, B.3 and B.4 cover pages contain partial proprietary information Appendices A, B.1, B.2, B.3, and B.4 are proprietary in their entirety It is designated therein in accordance with 10 CFR §§ 2.390(b)(l)(i)(A,B), with the reason(s) for confidential treatment noted in the submittal and further described in this affidavit. This information is voluntarily submitted for use by the NRC Staff in their review of the accuracy assessment of the proposed methodology for the LEFM CheckPlus System used by Farley Unit 1 for flow measurement at the licensed reactor thermal power level of2821 MWt.
Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Cameron because it would enhance the ability of competitors to provide similar flow and temperature measurement systems and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without the right to use the information.
The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Cameron effort and the expenditure of a considerable sum of money.
In order for competitors of Cameron to duplicate this information, similar products would have to be developed, similar technical programs would have to be performed, and a significant 5
November 14, 2019 CAW 19-07 manpower effort, having the requisite talent and experience, would have to be expended for developing analytical methods and receiving NRC approval for those methods.
Further the deponent sayeth not 6