ML20086K860
| ML20086K860 | |
| Person / Time | |
|---|---|
| Site: | Kewaunee  |
| Issue date: | 03/19/2020 |
| From: | Mark D. Sartain Dominion Energy Kewaunee |
| To: | Document Control Desk, Division of Fuel Management |
| Shared Package | |
| ML20086K856 | List: |
| References | |
| 20-092, EPID L-2020-LLE-0008 | |
| Download: ML20086K860 (8) | |
Text
PROPRIETARY INFORMATION -WITHHOLD UNDER 10 CFR 2.390 Dominion Energy Kewaunee, Inc.
5000 Dominion Boulevard, Glen Allen, VA 23060 DominionEnergy.com ATTN: Document Control Desk March 19, 2020 Director, Division of Spent Fuel Management Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 DOMINION ENERGY KEWAUNEE, INC.
KEWAUNEE POWER STATION n Dominion
= a,, Energy Serial No.:
20-092 NRA/ENC:
RO Docket Nos,:
72-64 50-305 License No.:
DPR-43 APPLICATION FOR EXEMPTION -MAGNASTOR STORAGE SYSTEM RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION By letter dated January 16, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20035C759), Dominion Energy Kewaunee, Inc, (DEK) requested an exemption pursuant to Title 10 of the Code of Federal Regulations (1 0 CFR) 72.7, for Kewaunee Power Station. The proposed exemption would resolve two non-conforming conditions associated with the procurement of material used in the fabrication of each of the 24 MAGNASTOR Transportable Storage Canisters (TSCs) in use at the KPS Independent Spent Fuel Storage Installation (ISFSI). Specifically, an exception to the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel (BPV) Code, Section Ill, Division 1, Subsection NG-2300, Charpy testing direction requirement for carbon steel plate material greater than 5/8" thick and an exception to the post-heat treatment Ultrasonic Examination (UT) requirements for ASME BPV Code, Section Ill, Division 1, Subsection NG-2500, for rolled carbon steel plate material greater than3/4" thick was requested, The Nuclear Regulatory Commission (NRC) indicated additional information was necessary to complete their review of the requested exemption by letter dated February 21, 2020 (ML20050E101). The NRC desires a response to their request for additional information (RAI) by March 13, 2020, The Enterprise Project Identifier (EPID) referenced for this request is L-2020-LLE-0008.
DEKs response to the NRCs RAI is contained in Enclosure 1, Supporting documentation is included in Enclosures 2, 3, and 4.
Enclosures 1, 2, 3, and 4 contains information that is being withheld from public disclosure under 10 CFR 2.390. Upon separation from Enclosures 1, 2, 3, and 4, this letter is decontrolled.
Serial No.: 20-092 Docket Nos.: 72-64, 50-305 Page 2 of 4 Since Enclosures 1, 2, 3, and 4 contain information proprietary to NAC International, an Affidavit signed by NAC International, the owner of the information, is included in supporting the basis on which the information may be withheld from public disclosure by the NRC and addresses with specificity the considerations listed in (b)(4) of 10 CFR 2.390. Accordingly, it is respectfully requested that the information which is proprietary to NAC International be withheld from public disclosure in accordance with 10 CFR 2.390. All the content in Enclosures 1, 2, 3, and 4 is considered proprietary to NAC International. Therefore, non-proprietary versions of these enclosures would be of no value to the public due to the amount of proprietary information included and are not provided.
Please contact Erica N. Combs at 804-273-3386 if you have any questions in regard to this submittal.
Sincerely, Mark D. Sartain Vice President - Nuclear Engineering & Fleet Support COMMONWEALTH OF VIRGINIA COUNTY OF HENRICO DIANE E. AITKEN NOTARY PUBLIC REG. #TT63114 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES MARCH 31, 2022 The foregoing document was acknowledged before me, in and for the County and Commonwealth aforesaid, today by Mark D. Sartain, who is Vice President-Nuclear Engineering & Fleet Support of Dominion Energy Kewaunee. He has affirmed before me that he is duly authorized to execute and file the foregoing document in behalf of that Company, and that the statements in the document 4e true to the best of his knowledge and belief.
Acknowledged before me this li__ day of 1:'Y}cv(..h, 2020.
My Commission Expires: :::w'.o r"6t,2l,.1.0ZZ...
Notary Public
Enclosures:
Serial No.: 20-092 Docket Nos.: 72-64, 50-305 Page 3 of 4
- 1. NAG Response to NRG Request for Additional Information.
[Proprietary Information]
- 2. 71160-WP-020, NAG International Assessment of Longitudinal Versus Transverse Charpy Impact Testing for A537 and A516 Materials, Revision 3. [Proprietary Information]
- 3. PGA 19-0903, Influence of Sampling Orientation on Lateral Expansion of Charpy Impact Test Specimen. Kobe Steel, Ltd. September 11, 2019. [Proprietary Information]
- 4. Record of Ultrasonic Examination of Leftover Material. Hitachi-Zosen Corporation.
October 17, 2019. [Proprietary Information]
- 5. Affidavit Pursuant to 10 CFR 2.390. NAG International.
Commitments made by this letter: None
References:
- 1. Letter from Dominion Energy Kewaunee to NRG. "Request for Exemption from Certain Code of Federal Regulation Requirements of Certificate of Compliance No. 1031 for the NAG MAGNASTOR Storage System," dated January 16, 2020. [ADAMS Accession No. ML20035C759]
- 2. Letter from NRG to Dominion Energy Kewaunee, "Application for Exemption for Kewaunee Independent Spent Fuel Storage Installation - Request for Additional Information," dated February 21, 2020. [ADAMS Accession No. ML20050E101]
cc:
Regional Administrator U.S. Nuclear Regulatory Commission, Region Ill 2443 Warrenville Road, Suite 210 Lisle, IL 60532-4352 Ted H. Carter Senior Project Manager - Kewanee Power Station U.S. Nuclear Regulatory Commission Mail Stop T-8F5 Two White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 Bernie White Serial No.: 20-092 Docket Nos.: 72-64, 50-305 Page 4 of 4 Senior Project Manager -Storage and Transportation Licensing Branch U.S. Nuclear Regulatory Commission Mail Stop 4-B 16 Two White Flint North 11555 Rockville Pike Rockville, MD 20852-2738
ENCLOSURE 5 Affidavit Pursuant to 10 CFR 2.390 NAC International Kewaunee Power Station Dominion Energy Kewaunee, Inc. (DEK)
Serial No.: 20-092
I NAC INTERNATIONAL NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 Doug Jacobs (Affiant), Vice President, Storage and Transportation Projects, hereinafter referred to as NAC, at 3930 East Jones Bridge Road, Peachtree Corners, Georgia 30092, being duly sworn, deposes and says that:
1.
Affiant has reviewed the information described in Item 2 and is personally familiar with the trade secrets and privileged information contained therein, and is authorized to request its withholding.
2.
The information to be withheld includes the following NAC Proprietary Information that is being provided in support of the NRC review of Dominion Energy, Kewaunee Application for Exemption for Kewaunee Independent Spent Fuel Storage Installation - Request for Additional Information (ML20050E101). Docket No. 72-64 and Enterprise Project Identifier No. L-2020-LLE-0008 for Exemption request dated January 16, 2020 (ML20035C759) submittal 492.
- , Proprietary NAC Responses to RAI for the MAGNASTOR Exemption Requests, pages 2 thru 5
- , 71160-WP-020 Rev 03, NAC International Assessment of Longitudinal Versus Transverse Charpy Impact Testing for A537 and A516 Materials, Rev. 3
- , Kobe Steel Ltd. Report, PGA 19-0903, September 11, 2019
- , Hitachi Zosen, Record of UT Exam, October 17, 2019 NAC is the owner of this information that is considered to be NAC Proprietary Information.
3.
NAC makes this application for withholding of proprietary information based upon the exemption from disclosure set forth in: the Freedom oflnformation Act ("FOIA"); 5 USC Sec. 552(b)(4) and the Trade Secrets Act; 18 USC Sec. 1905; and NRC Regulations 10 CFR Part 9.17(a)(4), 2.390(a)( 4), and 2.390(b)(1) for "trade secrets and commercial financial information obtained from a person, and privileged or confidential" (Exemption 4). The information for which exemption from disclosure is herein sought is all "confidential commercial information," and some portions may also qualify under the narrower definition of "trade secret," within the meanings assigned to those terms for purposes of FOIA Exemption 4.
4.
Examples of categories of information that fit into the definition of proprietary information are:
a.
Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by competitors of NAC, without license from NAC, constitutes a competitive economic advantage over other companies.
b.
Information that, if used by a competitor, would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product.
c.
Information that reveals cost or price information, production capacities, budget levels or commercial strategies of NAC, its customers, or its suppliers.
d.
Information that reveals aspects of past, present or future NAC customer-funded development plans and programs of potential commercial value to NAC.
e.
Information that discloses patentable subject matter for which it may be desirable to obtain patent protection.
Dominion Energy Kewaunee 20-092 Page I of3
I NAC INTERNATIONAL NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 (continued)
The infonnation that is sought to be withheld is considered to be proprietary for the reasons set forth in Items 4.a, 4.b, and 4.d.
5.
The infonnation to be withheld is being transmitted to the NRC in confidence.
6.
The information sought to be withheld, including that compiled from many sources, is of a sort customarily held in confidence by NAC, and is, in fact, so held. This infonnation has, to the best of my knowledge and belief, consistently been held in confidence by NAC. No public disclosure has been made, and it is not available in public sources. All disclosures 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 Items 7 and 8 following.
7.
Initial approval of proprietary treatment of a document/infonnation is made by the Vice President, Engineering, the Project Manager, the Licensing Specialist, or the Director, Licensing - the persons most likely to know the value and sensitivity of the information in relation to industry knowledge.
Access to proprietary documents within NAC is limited via "controlled distribution" to individuals on a "need to know" basis. The procedure for external release ofNAC proprietary documents typically requires the approval of the Project Manager based on a review of the documents for technical content, competitive effect and accuracy of the proprietary designation. Disclosures of proprietary documents outside of NAC are limited to regulatory agencies, customers and potential customers and their agents, suppliers, licensees and contractors with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.
- 8. NAC has invested a significant amount of time and money in the research, development, engineering and analytical costs to develop the information that is sought to be withheld as proprietary. This information is considered to be proprietary because it contains detailed descriptions of analytical approaches, methodologies, technical data and/or evaluation results not available elsewhere. The precise value of the expertise required to develop the proprietary information is difficult to quantify, but it is clearly substantial.
Public disclosure of the information to be withheld is likely to cause substantial harm to the competitive position ofNAC, as the owner of the information, and reduce or eliminate the availability of profit-making opportunities. The *proprietary information is part of NAC's comprehensive spent fuel storage and transport technology base, and its commercial value extends beyond the original development cost to include the development of the expertise to determine and apply the appropriate evaluation process. The value of this proprietary information and the competitive advantage that it provides to NAC would be lost if the information were disclosed to the public. Making such information available to other parties, including competitors, without their having to make similar investments of time, labor and money would provide competitors with an unfair advantage and deprive NAC of the opportunity to seek an adequate return on its large investment.
Dominion Energy Kewaunee 20-092 Page 2 of3
ANAC INTERNATIONAL NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 (continued)
STATE OF GEORGIA, COUNTY OF GWINNETT Mr. Doug Jacobs, being duly sworn, deposes and says:
That he has read the foregoing affidavit and the matters stated herein are true and correct to the best of his knowledge, information and belief.
Executed at Peachtree Comers, Georgia, this q 1'] day of Lzi/cvc. L
. 2020.
ugJac^
Vice President, Storage and Transportation Projects, NAC International Subscribed and sworn before me this 1 -& day of LfVl0::c.J, _ _.
. 2020.
Dominion Energy Kewaunee 20-092 Page 3 of 3