ML20022A173
| ML20022A173 | |
| Person / Time | |
|---|---|
| Site: | Electric Power Research Institute |
| Issue date: | 03/02/2020 |
| From: | Joseph Holonich Licensing Processes Branch |
| To: | Burgos B Electric Power Research Institute |
| Holonich J | |
| References | |
| EPID L-2019-PMP-0095 | |
| Download: ML20022A173 (3) | |
Text
March 2, 2020 Mr. Brian Burgos MRP Program Manager Electric Power Research Institute 3420 Hillview Avenue Palo Alto, CA 94304
SUBJECT:
U.S. NUCLEAR REGULATORY COMMISSION PROPRIETARY DETERMINATION LETTER FOR MATERIALS RELIABILITY PROGRAM:
FUNCTIONALITY ANALYSIS FOR FLEXIBLE OPERATIONS OF WESTINGHOUSE-DESIGN REPRESENTATIVE PWR INTERNALS (MRP-230, REVISION 2-SUPPLEMENT 2) (EPID L-2019-PMP-0095)
Dear Mr. Burgos:
By letter dated November 4, 2019 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20023A236), the Electric Power Research Institute provided to the U.S. Nuclear Regulatory Commission staff Materials Reliability Program: Functionality Analysis for Flexible Operations of Westinghouse-Design Representative PWR Internals (MRP-230, Revision 2-Supplement 2). The report was provided for information only.
Also submitted was an affidavit dated November 1, 2019, executed by Neil Wilmshurst, Vice President and the Chief Nuclear Officer. The affidavit requested that the information in the MRP-230, Revision 2-Supplement 2 be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations Section 2.390 (10 CFR 2.390).
A nonproprietary version of the document can be found at ADAMS Accession No. ML20023A237.
EPRI detailed the reasons for withholding in its affidavit.
The NRC staff has reviewed your application and the material in accordance with the requirements of 10 CFR 2.390. Based on our review, we have concluded that the proprietary request does not comply with the requirements of 10 CFR 2.390. Therefore, the NRC staff is denying the request to withhold the information under 10 CFR 2.390.
The regulations at 10 CFR 2.390 state the following:
(i) The submitter shall ensure that the document containing information sought to be withheld is marked as follows:
(A) The first page of the document, and each successive page containing such information, must be marked so as to be readily visible, at the top, or by electronic watermark or other suitable marking on the body of the page, with language substantially similar to: "confidential
B. Burgos information submitted under 10 CFR 2.390," "withhold from public disclosure under 10 CFR 2.390,"or "proprietary," to indicate that it contains information the submitter seeks to have withheld.
(B) Each document or page, as appropriate, containing information sought to be withheld from public disclosure must indicate, adjacent to the information, or as specified in paragraph (b)(1)(i)(A) of this section if the entire page is affected, the basis (i.e., trade secret, personal privacy, etc.) for proposing that the information be withheld from public disclosure under paragraph (a) of this section. None of the pages were marked as required by 10 CFR 2.390.
In addition, large portions of the report were redacted. Based on a review of the proprietary version, not all the information on those fully redacted pages would be considered proprietary.
Usually, that information that is actually proprietary is marked with brackets while the remaining information is left unredacted.
Because a considerable amount of information in the document marked as proprietary is clearly not, the NRC staff is unable to identify which information is viewed by EPRI as eligible for withholding under the 10 CFR 2.390 criteria and which is not. EPRI has redacted sections of the report that contain common-place information that does not appear to us to confer a competitive advantage. In addition, marking entire portions of a document proprietary defeats the NRC objective of making as much information available to stakeholders as possible.
Accordingly, we have concluded the information sought to be withheld from public disclosure does not meet the requirements of 10 CFR 2.390. Therefore, your request to withhold all the information identified as proprietary from public disclosure is denied.
Thirty days from the date of this letter, the topical report will be placed in the NRC's Public Document Room. If within 30 days from the date of this letter, you request withdrawal of the documents in accordance with 10 CFR 2.390(c), your request will be considered under applicable statutes and regulations and a determination made whether the documents will be withheld from public disclosure and returned to you.
If you have any questions or require any additional information, please feel free to contact me at 301-415-7297 or by via electronic mail at Joseph.Holonich@nrc.gov.
Sincerely,
/RA/
Joseph J. Holonich, Senior Project Manager Licensing Processes Branch Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 99902021
- via e-mail OFFICE NRR/DORL/LLPB/PM NRR/DORL/LLPB/LA* NRR/DNLR/NVIB/BC*
NAME JHolonich DHarrison HGonzalez DATE 02/25/2020 02/25/2020 02/11/2020 OFFICE NRR/DORL/LLPB/BC NRR/DORL/LLPB/PM NAME DMorey JHolonich DATE 02/28/2020 03/02/2020