ML20198R957
| ML20198R957 | |
| Person / Time | |
|---|---|
| Site: | Waterford  |
| Issue date: | 01/21/1998 |
| From: | Dugger C ENTERGY OPERATIONS, INC. |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML20070L225 | List: |
| References | |
| W3F1-97-0288, W3F1-97-288, NUDOCS 9801260019 | |
| Download: ML20198R957 (8) | |
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Ent: y Operations, Inc.
Kulona LA 700f6075 Tei < 34 739 C660 Charles M. Dugger ATTACHMENT CONTAINS gg;";;;"'*'a'a PROPRIETAFY INFORMATION W3F1-97-0288 A4.05 PR January 21,1998 U.S. Nuclear Regulatory Commission Attn.: Document Control Desk Washington, DC 20555
Subject:
Waterford 3 SES Docket No. 50-382 License No. NPF-38 Additional Information Regarding Technical Specificatic,n Change Request NPF-38-193 Gentlemen:
By letter dated March 27,1997, Waterford 3 proposed to amend Operating License NPF-38 to increase the Spent Fuel Pool storage capacity and increase the maximum fuel enrichment. The purpose of this submittal is to provide additional information regarding the thermal-hydraulic analysis of the Waterford 3 Spent Fuel Pool. The Attachment, Holtec 'n;arnational Report Hi-961586, contains this information. This additional information has no effect on the pieviously provided no significant hazards determination.
Please note that the Attachment, Holtec International Roocrt Hi-961586, contains information that is considered proprietary pursuant to luCFR2.790. In this regard, EOI requests thLt the Attachment be withheld from public viewing. Please note that the respective Holtec affidavit pursuant to 10CFR2.790 is enclosed.
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Additional Information Regarding Technical Specification Change Request NPF-38-193 W3F1-974288 Page 2 January 21,1998 Should you have any questions or comments concerning the additional information, please contact Roy Prados at (504) 739-6632.
Very truly yours,
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C.M. Dugger Vice President, Operations Waterford 3 CMD/RWP/tmm
Enclosures:
Affidavits Attachment'- Holtec International Report HI-961586 cc:
E.W. Merschoff, NRC Region IV C.P. Patel, NRC-NRR NRC Resident inspectors Office (w/o attachments)
J. Smith N.S. Reynolds Administrator Radiation Protection Division (State of Louisiana)
American Nuclear Insurers i
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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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/i AFFIDAVIT Theodore Roy Leonard, being duly sworn, hereby deposes and says that he is General Manager Plant Operations - Waterford 3 of Entergy Operations, Incorporated; that he is duly authorized to sign and file with the Nuclear Regulatory Commission the attached Additional Information Regarding Technical Specification Change Request NPF-38-193; that he is familiar with the content thereof; and that the matters set forth therein are true and correct to the best of his knowledge, information and belief.-
l MM Theodore Roy Leonard General Manager Plant Operations - Waterford 3
. STATE OF LOUISIANA
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PARISH OF ST. CHARLES-~ )
Subscribed and sworn to before me, a N, ogary Public in and for the Parish and State above named this
.2 E day of W,<
,1998.
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Notary Public l My Cornmission expires ' DAM.
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1 AFFIDAVIT PURSUANT TO 10CFR2.790 I, Alan 1. Soler, being duly sworn, depose and state as follows:
i (1)
I am Executive Vice President, Holtec International and have been delegated the i
function of reviewing the information described in paragraph (2) which is sought to be withheld, and have been authorized to apply for its withholding.
(2)
The-information sought to be withheld is contained in the document entitled Thermal-Hydraulic Analysis of Waterford-3 Spent Fuel Pool, Holtec Report HI-
%1586. The proprietary material in this document is delineated by proprietary designation on specific pages or by shaded text identified as being proprietary.
4 (3)
In making this application for withholding of proprietary information of which it is the owner, Holtec International relies upon the exemption from disclosure set forth L
in the Freedom ofInfermation 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 seemts and commercial or financial information obtained from a person and privileged or confidential' (Exemption 4).
The material for which exemption from disclosum 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 Maee Energy Pro _ieet v.
Nuclear Reenlainry Commincinn, 975F2d871 (DC Cir.1992), and Public Citiirn Health Reseawh Groun v. FDA, 704F2dl280 (DC Cir.1983),
(4)
Some examples of categories of information which St 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 competitors without license from Holtec International constitutes a competitive economic advantage over other companies; i
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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 cf a similar product, c.
Information which reveals cost or price information, production, capacities, budget levels, or cammercial strategies of Holtec International, its customers, or its suppliers; d.
Information which reveals aspects of past, present, or future Holtec International customer-funded deve opment plans and program' potential commercial value to Hoi'a 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.
(5)
The infonnation sought to be withheld is being submitted to the NRC in con 0dence.
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 conGdence by Holtec International. No public disclosure has been made, and it is not available in public sources. Ah lisclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursuant to regulatory provisions or propiictary agreements which provide for maintenance of the information in confidence.
Its initia. designation as proprietary infonnation, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in paragraphs (6) and (7) following.
(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 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 cegnizant marketing function (or his
' designee), and by the Legal Ope 4 tion, for technical content, competitive effeu, and detennination of the accuracy of the proprietary designation. Disclosures outside Holtec International are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, ar.d licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary 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 analytical results not available elsewhere. This 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.
(9)
Public disclosure of the information sought to be withheld is likely to cause substantial harm to Holtec In:ernational's competitive position and foredose or reduce the availability of profit-making opportunities. The information. 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 beyo" the extensive physical database and analytical methodology, and includes dewsopment of the expertise to determine and apply the appropriate evaluation process.
The research, development, engineering, and analytical costs comprise a duntial investment of time and money by Hohec International.
The precise value of the expertise to devise an evaluation proces: and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.
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- AFFIDAVIT PURSUANT TO 10CFR2.790 j
Holtec International's competitive advantage will be lost if its competitors are able j
. to use the results of the Holtec International experience to normalize or verify th-ir own: process or if they are able to claim an equivalent understanding' by n
demonstrating that they can arrive at the same or similar conclusions.
The value of this information to Holtec International would be lost if the 4
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 International of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.
STATE OF NEW JERSEY
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l COUNTY OF BURLINGTON
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i Dr. Alan I. Soler, 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 19th day of Dece ber 1997.
Dr. Alan I. Soler Holtec International 4
Subscribed and sworn be' ore me this /I day of 3M
,1997.7 f
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ATTACHMENT PROPRIETARY INFORMATION
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