ML20137L517
| ML20137L517 | |
| Person / Time | |
|---|---|
| Site: | Waterford  |
| Issue date: | 04/03/1997 |
| From: | Ewing E ENTERGY OPERATIONS, INC. |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML20007F940 | List: |
| References | |
| W3F1-97-0068, W3F1-97-68, NUDOCS 9704070253 | |
| Download: ML20137L517 (7) | |
Text
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.,y Entergy Operattore,Inc.
KMona, L.A 70066 Tel 504 739 6242 Early C. Ewing, lil
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f e afety & Regulatory Affairs W3F1-97-06S8 A4.05 PR f
April 3,1997 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, D.C. 20555
Subject:
Waterford 3 SES Docket No. 50-382
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License No. NPF-38 Errata Page to Technical Specification Change Re;uest NPF-38-193
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Gentlemen:
The purpose of this letter is to make a correction to a sentence on page 10 of the enclosure to W3F1-97-0061, dated March 27,1997, to further clarify the time to core uncovery. The revised page 10 is attached. Please replace the page 10 in the
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March 27,1997 submittal with the attached page 10. This letter is also submitting the Holtec affidavit pursuant to 10 CFR 2.790 covering the proprietary portion of the submittal, which should precede Attachment Ill. This affidavit was inadvertently omitted during copying.
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1 Errata Page to Technical Specification Change Request NPF-38-193 W3F1-97-0068 Page 2 April 3,1997
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I if you should have any questions regarding the above, please contact Tim Gaudet at
- (504) 739-6666 or Roy Prados at (504) 739-6632.
Very t uly yours, E.C. Ewing Director - Nuclear Safety & Regulatory Affairs Waterford 3 ECE/RWP
Attachment:
Affidavit Errata Page to NPF-38-193 cc:
E.W. Merschoff, NRC Region IV C.P. Patel, NRC-NRR R.B. McGehee N.S. Reynolds NRC Resident inspectors Office Administrator Radiation Protection Division (State of Louisiana)
American Nuclear insurers
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'In the matter of
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Entergy Operations, incorporated
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Docket No. 50-382 Waterford 3' Steam Electric Station
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AFFIDAVIT Early Cunningham Ewing, being duly sworn, hereby deposes and says that he is Director Nuclear Safety & Regulatory Affairs - Waterford 3 of Entergy Operations, incorporated; that he is duly authorized to sign and file with the Nuclear Regulatory Commission the attached Errata Page to Technical Specification Change Request NPF-38-0193 and the affidavit pursuant to 10 CFR 2.790; that he is familiar with the content thereof; and that the matters set forth therein are true and correct tc the best of his knowledge, information and belief.
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'Earp Cunning 6sim Ewing Director Nuclear Safety & Regulatory Affairs -
Waterford 3 STATE OF LOUISlANA
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) ss PARISH OF ST. CHARLES
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Subscribed and sworn to before me, a Notary Public in and for the Parish and State above named this 3"D day of APA'"
1997.
. 9t-,. E. he Q Notary Public My Commission expires &
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l AFFIDAVIT PURSUANT TO 10CFR2.790 l
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5 I, Alan I. Soler, being duly sworn, depose and state as follows:
i (1)
I am Executive Vice President, Hohec International 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.
i (2)
The information sought to be withheld is contained in the document entitled Licensing Report for Reracking of Waterford 3 Spent Fuel Pools, Holtec Report HI-971628. The rupktary material in this document is delineated by preprietary designation on specific pages or by shaded text identified as being proprietary.
(3)
In making this application for withholding of proprietary information of which it i
is the owner, Holtec International relies upon the exemption from disclosure set l
forth in the Fmedom ofInformation Act ("FOIA"), 5 USC Sec. 552(b)(4) and the Trade Secrets Act,18 USC Sec.1905, and NRC regulations 10CFR Part 9.17(a)(4), 2.790(a)(4), and 2.790(b)(1) for " trade secrets and commercial or financial information obtained from 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, Critical Mau Energy Proiect v. Muclear Reguinforv Commission, 975F2d871 (DC Cir.1992), and Public Cithen Henith Research Group v. FDA, 704F2d1280 (DC Cir.1983).
1 (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 of its use by Holtec's 4
competitors without license from Holtec International constitutes a competitive economic advantage over other companies; 1
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I AFFINAVIT' PURSUANT TO 10CFR2.790 i
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b.
Information which, if used by a competitor, would reduce his expenditure of resources or improve his==Mtive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of _a similar product.
c.
Information which reveals cost or price information, Isoduction, capacities,-
i budget levels, or commercial strategies of Holtoc International, its customers, or its suppliers; d.
Information-which reveals aspects of past, present, or future Holtec International customer-funded development plans and programs of potential commercial value to Holtec International; Information which discloses patentable subject matter for which it may be e.
desirable to obtain patent protection.
The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs 4.a, 4.b, 4.d, and 4.e, above.
(5)
The information sought to be withheld is being submitted to the NRC in confidence. The information (including that compiled from many sources) is of a sort customarily held in confidence by Holtec International, and is in fact so 2
held. 'Ihe information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by Holtec International. No public disclosure has been made, and it is not available in public sources. All disclosures t
to thirti 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 paragraphs (6) and (7) following.
(6)'
Initial appetwal of purhy 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 of the information in relation to industry knowledge. Access to such documents within Holtec International is limited on a "need to know" basis.
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AFFIDAVIT PURSUANT TO 10CFR2.790 (7)
The procedure for approval of external release of such a document typically requires review by the staff manager, project manager, principal scientist or other equivalent authority, by the manager of the cognizant marketing function (or his designee), and by the Legal Operation, for technical content, competitive effect, j
and determination of the accuracy of the proprietary designation. Disclosures outside Holtec International are limited'to regulatory bodies, customers, and j
potential customers, and their agents, suppliers, and licensees, and others with a l
legitimate need for the information, and then only in accordance with appropriate regulatory provisions or propnetary agreements.
(8)
The information classified as proprietary was developed and compiled by Holtec International at a significant cost to Holtec International. This information is classified as proprietary because it contains detailed historical data and amlytical results not available elsewhere. His information would provide other parties, including competitors, with information from Holtec International's technical database and the results of evaluations performed using codes developed by Holtec International. Release of this information would improve a competitor's position without the competitor having to expend similar resources for the development of the database. A substantial effort has been expended by Holtec International to develop this information.
l (9)
Public disclosure of the information sought to be withheld is likely to cause substantial harm to Holtec International's competitive position and foreclose or reduce tM avahbility of profit-making opportunities. The information is part of Holtec International's comprehensive spent fuel storage technology base, and its commercial value extends beyond the original development cost. De value of the technology base goes beyond the extensive physical database and analytical methodology, and includes development of the expertise to determine and apply the appropriate evaluation process.
The research, development, engineering, and analytical costs comprise a substantial investment of time and money by Holtec International.
The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.
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AFFIDAVIT PURSUANT TO 10CFR2.790
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Holtec International's competitive advantage will be lost if its competitors are able to use the results of the Holtec International experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.
The value of this information to Holtec International would be lost if the information were disclosed to the public. Making such information available to competiton without their having been required to undertake a similar expenditure i
of resources would unfairly provide competitors with a windfall, and deprive Holtec International of the opportunity to exercise its competitive. advantage to seek l
an adequate return on its large investment in developing these very valuable analytical tools.
STATE OF NEW JERSEY
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us:
COUNTY OF BURLINGTON
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Dr. Alan I. Soler, being duly sworn, deposes and says:
'Ihat he has read the foregoing affidavit and the matters stated therein are true and correct to the best of his knowledge, information, and belief.
Executed at Marlton, New Jersey, this 13th day of March 1997.
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Dr. Alan I. Soler Holtec International l
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Subscribed and sworn before me this day of
,1997.
t"-". n ras NOTARY Fl!;' :0 C; NEWJERSEY 4
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