ML20151U013

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Proposed Tech Specs,Increasing Spent Fuel Storage Capacity of Util Spent Fuel Pool from 2,870 to 3,355 Fuel Assemblies
ML20151U013
Person / Time
Site: Vermont Yankee Entergy icon.png
Issue date: 09/04/1998
From:
VERMONT YANKEE NUCLEAR POWER CORP.
To:
Shared Package
ML20138K905 List:
References
NUDOCS 9809100244
Download: ML20151U013 (9)
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Text

l VERMONT YANKEE NUCLEAR POWER CORPORATION Docket No. 50-271 BW 98-130 s ._

Attachment 4 Vermont Yankee Nuclear Power Station Proposed Technical Specification Change Spent Fuel Pool Storage Capacity Expansion Marked-up Version of the Current Technical Specifications September 1998 9009100244 980904 O PDR ADOOK 05000271J p PDR E.

4 WNPS i

D. The number of spent fuel assemblies stored in the spent fuel l pool shall not exceed 48M-r 33sT l

E. The maximum core geometry infinite lattice multiplication factor of any segment of the fuel assembly stored in the spent fuel storage pool or the new fuel storage facility shall be less than or equal to 1.31 at 20*C.

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Amendment.No. M , M G, 6 254

VERMONT YANKEE NUCLEAR POWER CORPORATION l

Docket No. 50-271 BVY 98-130 Attachment 5 Vermont Yankee Nuclear Power Station l_ Proposed Technical Specification Change l

! Spent Fuel Pool Storage Capacity Expansion Retyped Technical Specification Page l

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September 1998 l-l l

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l VYNPS D. The number of spent fuel assemblies stored in the spent fuel l pool shall not exceed 3355.

l E. The maximum core geometry infinite lattice multiplication factor of any segment of the fuel assembly stored in the spent fuel storage pool or the new fuel storage facility shall be less than or equal to 1.31 at 20*C.

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.i Amendment No. -N, MB, MG 254

2 VERMONT Y ANKEE NUCLEAR POWER CORPORATION Docket No. 50-271  ;

BVY 98-130 l

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Attachment 6 Vermont Yankee Nuclear Power Station Proposed Technical Specification Change Spent Fuel Pool Storage Capacity Expansion Technical Report for the Vermont Yankee Spent Fuel Pool Storage Expansion and

! Proprietary information Affidavit Proprietary Information Enclosed September 1998

AFFIDAVIT PURSUANT TO 10CFR2.790 l

I, Michael P. McNamara, being duly sworn, depose and state as follows:

(1) I am the Director of Nuclear Projects for Holtec International and have been l 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 i withholding.

j (2) The information sought to be withheld is contained in the document entitled l '" Vermont Yankee Nuclear Power Station Spent Fuel Storage Expansion Project," Holtec Report HI-981932. The proprietary information is designated l

with backshading.

l (3) In making this application for withholding of proprietary information of which it is the owner, Hollec International relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC Sec. 552(b)(4) and I' 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 l 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, l Critical Mass Enerev Project v. Nuclear Regulatory Commission, 975F2d871 (DC Cir. 1992), and Public Citizen Health Research Group v. FDA, 704F2d1280 (DC Cir.1983).

(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 l competitors without license from Holtec International constitutes a competitive economic advantage over other companies; 1

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I AFFIDAVIT PURSUANT TO 10CFR2.790

b. Information which, if used by a competitor, would reduce his expenditure of. resources or improve his competitive position in the design, ,

manufacture, shipment, installation, assurance of quality, or licensing of a similar product. i l

c. Information which reveals cost or price information, production,  ;

capacities, budget levels, or commercial strategies of Holtec 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;
e. Information which discloses patentable subject matter for which it may be 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. l (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 held. The 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 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 paragraphs (6) and (7) following.

l (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 sensitivity of the information in relation to industry knowledge.

Access to such documents within Holtec International is limited on a "need to 2

AFFIDAVIT PURSUANT TO 10CFR2.790 4

know" basis. j (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, and determination of the accuracy of the proprietary designation.

Disclosures outside Holtec International are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, I and others with a legitimate need for the information, and then only in i accordance with appropriate regulatory provisions or proprietary agreements.

1 (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 analytical results not available disewhere. This information would provide other parties, l 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  !

l development of the database. A substantial effort has been expended by Holtec International to develop this information.

(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 the availability 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. The 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 evalua' tion process.

The research, development, engineering, and analytical costs comprise a i substantial investment of time and money by Holtec International.

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l AFFINAVIT PURSUANT TO 10CFR2.790

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I The precise value of the expertise to devise an evaluation process and apply the l

. correct analytical methodology is difficult to quantify, but it clearly is  !

substantial.

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 competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive Holtec Ir.ternational of the opportunity to exercise its competitive

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

I STATE OF NEW JERSEY- )

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COUNTY OF BURLINGTON )  ;

Michael P. McNamara, being duly sworn, deposes and says:

That 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 27th day of August,1998.

C Michael P. McNamara Holtec International Subscribed and sworn before me this 47 day of M#a ,1998.

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< EAR!A C. PEPE f 4 NOTARY PUEUO CF NEW JERSEY My Commisam Expires Apru 25,2000

VERMONT YANKEE NUCLEAR POWER CORPORATION pocket No. 50-271 BW 98-130 I

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Attachment 7 Vermont Yankee Nuclear Power Station Proposed Technical Specification Chango l l3 Spent Fuel Pool Storage Capacity Expansion Technical Report for the Vermont Yankee Spent Fuel Pool Storage Expansion l

l Non-proprietary Version I

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j- September 1998 l

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