ML20217H980

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Application for Amend to License DPR-59,proposing Revision to TS Re Design Features Section,Including Revised Limits for Fuel Storage.Changes Correct Maximum Exposure Dependent, Infinite Lattice Multiplication Factor for Fuel Bundles
ML20217H980
Person / Time
Site: FitzPatrick Constellation icon.png
Issue date: 10/14/1997
From: James Knubel
POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
To:
NRC
Shared Package
ML20046D895 List:
References
NUDOCS 9710200006
Download: ML20217H980 (6)
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BEFORE THE UNITED STATES NUCL'iAR REGULATORY COMMISSION in the Matter of )

NEW YORK POWER AUTHORITY ) Docket No. 50-333 James A. FitzPatrick Nuclear Power Plant )

APPLICATION FOR AMENDMENT TO OPERATING LICENSE The New York Power Authority requests an amendment to the Technical Specifications contained in Appendix A to Facility Operating License DPR 59 for the James A. FitzPatrick Nuclear Power Plant. This application is filed in accordance with Section 10 CFR 50.90 of the Nuclear Regulatory Commission's regulations.

This application for an amendment to the James A. FitzPatrick Technical Specifications proposes revisions to the Design Features section including revised limits for fuel storage.

The changes correct the maximum exposure dependent, infinite lattice multiplication factor for fuel bundles and provide for installation of additional storage racks to increase spent fuel pool capacity.

Attachment I is the proposed Technical Specification pages. Attachment ll is the Safety Evaluation for the proposed changes. Attachment 111 is a markup of the affected Technical Specification pages. Attachment IV is the proprietary licensing report for the addition of storage racks. Attachment V is an evaluation of the decay heat removal system.

Attachment VI is an affidavit signed by Holtec describing the proprietary nature of Attachment IV and addressing the considerations listed in 10 CFR 2.790. Attachment Vil is a non-proprietary copy of the licensing report for the addition of the storage racks.

New York Power Authority STATE OF NEW YORK COUNTY OF WESTCHESTER Subscribed and sworn to before me

/ this / day of 1997.

J. Knubel m g, p.m tenior Vice PresidentNonety Putsc. State of NewVwt

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Chief Nuclear Office w f Notary Pptslic 9

971G200006 971014 DR ADOCK0500g3 j

Attachment VI to JPN-97 033 AFFIDAVIT PROPOSED TECHNICAL SPECIFICATION CHANGES REGARDING DESIGN FEATUREE t

New York Power Authorit/

JAMES A, FITZPATRICK NUCLEAR POWER PLANT Docket No. 50-333 DPR-59 l

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AFFIDAVIT PURSUANT TO 10CFR2,790 1, Mark Soler, being duly sworn, depose and state as follows:

(1) I am Senior Froject Manager, Holtec International and have been delegated the function of reviewing the infonnation 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 Licensing Report for Reracking of J.A. FitzPatrick Spent Fuel Pool, Holtec Report HI-971661. The following pages are identified as proprietary: 2-8, 2-9, 3-2, 3-3, Figures 2.1, 3.2, 3.3, 3.4, and 3.5, and Appendix A of Chapter 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 in the Freedom of Information 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 Mass Energy Project v.

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

(4) Some examples of categories of information which fit into the definition of proprietary information are:

a. Infmmation that discloses a process, methoo, or apparatus, including supporting data and analyses, where prevention of its use by Holtec's competitors without license from Hol tec International constitutes a competitive economic advantage over other companies;
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.

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AFFIDAVIT PURSUANT TO 10CFR2.790

c. Infonnation which reveals cost or price infonnation, production, capacities, budget levels, er commercial strategies of 11oltec International, its
c. nners, or its suppliers;
d. Infonnation which reveals aspects of past, present, or future llottec International customer funded development plans and programs of potential commercial value to lloltec In:ernational;
e. Infonnation which discloses patentable suyect matter for which it may be

, desirable to obtain patent protection.

The infonnati on sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs 4.a and 4.b above.

(5) The infonnation sought to be withheld is being submitted to the NRC (throagh the New York Power Authority) in confidence. All disclosures to third parties, including any required transmittals to the NRC, have been made, er must be made, pursuant to regulatory provisions or proprietary ugreements which provide for maintenance of the information in confidence. Its initial 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 anproval of proprietary treatment of a document is made by the manager of the orignating component, the person most likely to be acquainted with the value and sensitivity of the infonnation la relation to industry knowledge. Access to such documents within lloltec International is limited on a "need to know" basis.

(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 managet of the cognizant marketing function (or his designee), and by the Legal Operation, for technical content, competitive elfeet, and detenninatirn of the accuracy of the pioprietary designation. Disclosures outside lloltec International are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.

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AFFIDAYlT PURSUANT TO 10CFR2.790 (8) The infonnation classified as proprietary was developed and compiled by Holtec International at a significant cost to llottec International. This infonnation is classified as proprietary because it contains detailed historical data and analytical results not available elsewhere. This infonnation would provide other parties, including competitors, with infonnation from llottec international's technical database and the results of evaluations perfonned using codes developed by lioltec International. Release of this information would improve a competito/s position without the competitor having to expend similar resources for the development of the database. A substantial effort has been expended by lioltec Intenational to develop this infonnation.

(9) Public disclosure of the infonnation sought to be withheld is likely to cause substantial harm to lioltec International's competitive position and foreclose or reduce the availability of profit making opportunities. The infonnation is part of Iloltec International's comprehensive spent fuel storage technology base, and its conunercial 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 detennine and apply the appropriate evaluation process.

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

The precise value of the expertise to devise an evaluation crocess and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.

lioltec International's competitive advantage will be lost if its competitors are able to use the results of the lioltec International experience to nonnalize 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.

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AFFIDAVIT PURSUANT TO 10CFR2.790 l

' The value of this information to Holtec International would be lost if the infortnation were disclosed t. .he 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 i 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.

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! STATE OF NEW JERSEY )

) ss:

l COUNTY OF BURLINGTON )  !

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Mr. Mark 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 1st day of October,1997.

Mr. Mark Soler Holtec International Subscribed and swom before me this day of _ M L ,1997.

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MARIAc prpe NOTARY PUSUC OF NEW JERSEY W W Epires Apr828,2000 4

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