ML20137M581

Application for Amend to License NPF-57,representing Changes to TS 2.1.2,action a.1.c for LCO 3.4.1.1 & Bases for TS 2.1. Info Re Safety Limit Min Critical Power Ratio Changes Encl. Info Withheld

ML20137M581
Person / Time
Site:	Hope Creek
Issue date:	03/31/1997
From:	Storz L Public Service Enterprise Group
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20007F971	List: ML20137M581 ML20137M596
References
LCR-H97-05, LCR-H97-5, LR-N97187, NUDOCS 9704080126
Download: ML20137M581 (8)

Text

I Pubhc Service Electnc and Gas Company Louis F. Storz Public Service E;ectric and Gas Company P.O. Box 236. Hancocks Bridge, NJ 08038 609-339 5700 se- u. n.mm . no.a ."

NAR 311997 LR-N97187 LCR H97-05 United-States Nuclear Regulatory Commission Document Control Desk Washington, DC 20555 Gentlemen:

REQUEST EUR CHANGE TO TECHNICAL SPECIFICATIONS SAFETY LIMIT MINIMUM CRITICAL POWER RATIO (SLMCPR)

HOPE CREEK GENERATING STATION FACILITY OPERATING LICENSE NPF-57 DOCKET NO. 50-354 i In accordance with 10CFR50.90, Public Service Electric & Gas (PSE&G) Company hereby requests a revision to the Technical Specifications (TS) for the Hope Creek Generating Station (HC).

In accordance with 10CFR50.91(b) (1), a copy of this submittal has been sent to the State of New Jersey. j The proposed revision represents changes to TS 2.1.2, " THERMAL POWER, High Pressure and High Flow", ACTION a.1.c for LCO 3.4.1.1, " Recirculation Loops" and the Bases for TS 2.1, " Safety Limits". These changes are being made to implement an appropriately conservative Safety Limit Minimum Critical Power Ratio (SLMCPR) for all Hope Creek core and fuel designs.

Justification for these proposed changes was developed from General Electric SLMCPR analyses performed to address SLMCPR issues ioentified in a 10CFR21 notification made by General Electric en May 24, 1996.

The proposed changes have been evaluated in accordance with 10CFR50. 91 (a) (1) , using the criteria in 10CFR50.92 (c), and a determination has been made that this request involves no significant hazards considerations. The basis for the requested change is provided in Attachment 1 to this letter. A 10CFR50.92 evaluation, with a determination of no significant hazards consideration, is provided in Attachment 2. The marked up Technical Specification pages affected by the proposed changes are provided in Attachment 3. Pursuant to Attachment 4 of this ,

letter, this submittal contains proprietary information and I therefore should be withheld from public disclosure. g THIS LETTER CONTAINS PROPRIETARY INFORMATION O '<.' 0 0 0 0 .- NOT rOR rusLIC DISCtOSuRE -

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, t MAR 311997 Document Control Desk LR-N97187  ;

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'Upon NRC approval of this proposed change, PSE&G requests that  ;

the amendment be made effective on the date of issuance, but '

allow an implementation period of sixty days to provide i

sufficient time for associated administrative activities.

.Should you have any questions regarding this request, we will be -

pleased to discuss them with you.  ;

Sincerely, J ,

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Affidavit l Attachments (4)  ;

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THIS LETTER CONTAINS PROPRIETARY INFORMATION

- NOT FOR PUBLIC DISCLOSURE -

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. Document Control Desk LR-N97187 C Mr. H. Miller, Administrator - Region I U. S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Mr. D. Jaffe, Licensing Project Manager - HC U. S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Mail Stop 14E21 Rockville, MD 20852 Mr. R. Summers (X24)

USNRC Senior Resident Inspector - HC Mr. K. Tosch, Manager IV Bureau of Nuclear Engineering 33 Arctic Parkway CN 415 l

Trenton, NJ 08625 l

THIS LETTER CONTAINS PROPRIETARY INFORMATION

- NOT FOR PUBLIC DISCLOSURE -

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Document Control Desk ~

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LR-N97187.  ;

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BC. Senior Vice President - Nuclear Engineering (N19)

General Manager - Hope Creek Operations (H07)- ,

Director-- QA/NSR (X01) -  !

Manager - Nuclear Business Relations (N28)

Manager - Hope Creek Operations-(H01) .

Manager - System Engineering - Hope Creek (H18) -

Manager --Nuclear. Safety Review (N38) ,

Manager. - Licensing & Regulation (X09)

Supervisor.- Hope Creek Fuels (N20)

Supervisor - Hope Creek Licensing (XO9) '

Onsite Safety Review Engineer - Hope Creek (Hil)

. Station Licensing Engineer - Hope Creek (X09) ,

J. J. Keenan, Esq. (X09)-

Perry Robinson, Esq.

- Records Management (N21). i

- Microfilm Copy Files'Nos. 1.2.1 (Hope Creek), 2.3 (LCR H97-05) -

THIS LETTER CONTAINS PROPRIETARY INFORMATION NOT EVR PUBLIC DISCLOSURE -

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REF: LR-N97187 )

LCR H97-05 STATE lOF NEW JERSEY )' 1

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' COUNTY 0F SALEM .)  ;

.j L. F.' Storz,'being duly sworn according to law deposes.and says:

I am' Senior Vice President - Nuclear Operations'of Public Service.

Electric and' Gas Company, and as such, I find the matters set  ;

forth"in the above referenced letter, concerning Hope Creek Generating Station, Unit 1, are true to the best of my knowledge,  !

information and belief. ,

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Subscribed and Sworn to before me this 3) of- day ofh'hp]L,,1997 M bi s J . d.2 d -

NptaryPubid;bfbewJersey KlMBERLY JO BROWN '

NOMAY PUBtlC 0F NEW JERSEY My Commission-expires on "' C'"'""8'i a l'pires April 21.1998 THIS LETTER CONTAINS PROPRIETARY INEDRMATION NOT FOR PUBLIC DISCLOSURE -

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. i GENuclearEnergy  ;

GeneretBectre Company {'

G j P Q Bau180. Wilmington. NC 28402 4

- Affidavit i 1

1, Ralph J. Reda, being duly sworn, depose and state as follows:  ;

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, (1) I am Manager, Fuels and Facility Licensing, General Electric Company ("GE") and have been delegated the' function of reviewing the information described in paragraph (2) j 4

which is sought to be withheld, and have been authorized to apply for its withholding. j l 1

(2) The information sought to be withheld is contained in the document, Requestfor Change

_ to Technical Specification Safety Limit MCPR, LCR H97-05 for Hope Creek, Operating {

License No. NPF-57, Docket No. 50-354. 1

]  !

(3) In making this application for withholding of proprietary information of which it is the l owner, GE relies upon the exemption from disclosure set forth in the Freedom of '

Information Act ("FOIA"),5 USC Sec. 552(b)(4), and the Tmde Secrets Act,18 USC Sec.1905, and NkC regulations 10 CFR 9.17(a)(4) and 2.790(a)(4) for " trade' secrets l and commercial or financial infonnation 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 3

under the narrower definition of" trade secret," within the meanings assigned to those tenns for purposes of FOIA Exemption 4 in, respectively, Critical Mass Eneruv Proiect v.

Nuclear Regulatory Commission. 975F2d871 (DC Cir.1992), and Public Citizen Health l Research Groun v. FDA. 704F2dl280 (DC Cir.1983).

i (4) Some examples of categories ofinformatian which fit into the definition of proprietary infonnation are:

a. - Infonnation that discloses a process, method, or apparatus, including i

supporting data and analyses, where prevention ofits use by General Electric's

competitors without license from General Electric constitutes a competitive economic advantage over other companies;  !

b. Information which, if used by a competitor, would reduce his expenditure of

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resources or improve his competitive position in the design, manufacture, 1 shipment, installation, assurance of quality, or licensing of a similar product; I

c. Information which reveals cost 'or price information, production capacities, - l hudget levels, or commercial strategies of General Electric, its customers, or its i suppliers;

d. Infonnation'which reveals aspects of past, present, or future General Electric ,

customer-funded development plans and programs, of potential commercial l 2' value to General Electric; Page1

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' AMidavitJ i

e. Information which ' discloses patentable subject matter for which it may be l desirable to obtain patent protection; , ,

The infonnation' sought to' be withheld is considered to be proprietary for the i p reasons set forth in both paragraphs (4)a. and (4)b., above.  !

- (5) The infonnation sought to be withheld is being submitted to NRC in confidence. The 'I information is of a sort customarily held in confidence by GE, and is in fact so held. Its j i initial designation as proprietary information, and the subsequent steps taken to prevent -  ;

its unauthorized disclosure, are as set forth in (6) and (7) following. The information i sought to be withheld has, to the best of my knowledge and belief, consistently been held i I in confidence by GE, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties including any required transmittals to NRC, have

been made, or must be made, pursuant to regulatory provisions or proprietary .

agreements which provide for maintenance of the information in confidence. ' ,

e (6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, the person most likely to be acquainted with the value and i sensitivity of the infonnation in relation to industry knowledge. Access to such t documents within GE is limited on a "need to know" basis.

t (7) The procedure for approval of external release of such a document typically requires 'i review by the staff manager, project manager, principal scientist or other equivalent -  :

- authority, by the' manager of the cognizant marketing function (or his delegate), and by

the Legal Operation, for technical content, competitive effect, and determination of the

, accuracy of the proprietary designation. Disclosures outside GE are limited to regulatory [

bodies, customers, and potential customers, and their agents, suppliers, and licensees, l' and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements. t i

. (8) The infonnation identified in paragraph (2) is classified as proprietary because it would '

provide other parties, including competitors, with infonnation related to detailed results of analytical models, methods and processes, including computer codes, which GE has developed, requested NRC approval of, and applied to perform evaluations of the BWR. t The development of the evaluation process along with the interpretation and application f of the analytical results is derived from the extensive experience database that constitutes a major GE asset. i (9) Public disclosure of the information sought to be withheld is likely to cause substantial i hann to GE's competitive position and foreclose or reduce the availability of profit-  !

making opportunities. The fuel design and analytical methodology are part of GE's comprehensive BWR safety and technology base, and their commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology and includes development of 1 2-the expertise to detennine and apply the appropriate evaluation process. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods. ]

The research, development, engineering, analytical, and NRC review costs comprise a "1

substantial investment of time and money by GE.

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t The precise value of the expertise to devise an evah.ation process and apply the correct i analytical methodology is difIicult to quantify, but it clearly is substantial. .

GE's competitive advantage will be lost ifits competitors are able to use the results of the  ;

GE experience to nonnalize or verify their own process or if they are able to claim an l equivalent understanding by demonstrating that they can arrive at the same or similar conclusions. i i

The value of this information to GE would be lost if the information were disclosed to i the public. Making such infonnation available to competitors with'out their having been  ;

required to undertake a similar expenditure of resources would unfairly _ provide  !

competitors with a windfall, and deprive GE of the opportunity to exercise its -  !

competitive advantage to seek an adequate return on its large investment in developing j these very valuable analytical tools.  ;

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. State of North Carolina ) 33~,

County of New Hanover ) -l i

RalphJ. Reda, being duly sworn, deposes and says: -

That he has read the foregoing aflidavit and the matters stated therein are true and correct to the best of his knowledge, information, and belief.  ;

Executed at Wilmington, North Carolina, this / day of MIM .19 9

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• NOTARY i 5 j[ w_ i Qh,J. Reda i J. PUBLIC .!pperal Electric Company

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Subscribed and sworn before me this M day of Mna<tk ,19e l

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