ML20248B684
| ML20248B684 | |
| Person / Time | |
|---|---|
| Site: | Waterford  |
| Issue date: | 05/28/1998 |
| From: | Dugger C ENTERGY OPERATIONS, INC. |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML20013J761 | List: |
| References | |
| W3F1-98-0096, W3F1-98-96, NUDOCS 9806010359 | |
| Download: ML20248B684 (8) | |
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Ente gy peittion), Inc.
Of Kdiona. LA 7006fr0751 Tel 504 739 6660 re n
mralons Waterford 3 W3F1-98-0096 l
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l PR ATTACHMENT CONTAINS PROPRIETARY INFORMATION May 28,1998 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D.C. 20555
Subject:
Waterford 3 SES Docket No. 50-382 License No. NPF-38 Additional Information Regarding Technical Specification Change Request NPF-38-193 Gentlemen:
By letter dated March 27,1997, and supplemented by letters dated April 3,1997, J
July 21,1997, October 23,1997, November 13,1997, December 12,1997, January 21,1998, January 29,1998, March 23,1998, May 1,1998, May 19,1998 and May 21,1998, Waterford 3 proposed to amend Operating License NPF-38 to increase spent fuel storage capacity and increase the maximum fuel enrichment.
This submittal provides the results of an independent review of the thermal hydraulic analysis of the Waterford 3 Spent Fuel Pool conducted for the March 27,1997 licensing submittal. The Attachment, Holtec international Report HI-981942, contains the results of the independent review. It should be noted that the model used for the independent review was the Fluent /UNS computer program, which is not a QA validated program in the Holtec International system, where the review was performed. The review concluded that the maximum local temperature in the pool f
l predicted by the Fluent model (used for the original licensing submittal) is 1
acceptable, with the Fluent model predicting a slightly higher temperature than l
I Fluent /UNS. It is emphasized that this effort was only performed for verification i
purposes and the original analysis using Fluent remains the licensing basis analysis I
for the amendment request.
l The information in this submittal does not affect the previously provided determination of no significant hazards.
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Additional Information Regarding Technical Specification Change Request NPF-38-193 W3F1-98-0096 l
Page 2 i
May 28,1998 l
Please note that the Attachment, Holtec International Report Hl-981942, contains information that is considered proprietary pursuant to 10CFR2.790. In this regard, Entergy requests that the Attachment be withheld from public viewing. Please note that the respective Holtec affidavit pursuant to 10CFR2.790 is enclosed.
Should you have any questions or comments concerning this additional information, please contact Roy Prados at 504-739-6632.
Very truly yours, g
c4 C.M. Dugger Vice President, Operations Waterford 3 CMD/RWP/rtk l
Enclosures:
Attachment:
Holtec International Report HI-981942 (w/ Enclosures & Attachment) cc:
E.W. Merschoff (NRC Region IV)
C.P. Patel (NRC-NRR) cc:
(w/o Enclosures & Attachment) l J. Smith N.S. Reynolds NRC Resident inspectors Office Administrator Radiation Protection Division (State of Louisiana)
American Nuclear Insurers l
K-___--_.__-
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I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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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 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.
Tsus % m Theodore Roy L5onard '
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General Manager Plant Operations - Waterford 3 STATE OF LOUISIANA
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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 rd"A day of
/rere
.1998.
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Notary Public My Commission expires d M~M.
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AFFIDAVIT PURSUANT TO 10CFR2.790 I, Scott H. Pellet, being duly sworn, depose and state as follows:
(1)
I am the Project Manager for Holtec 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.
(2)
The information sought to be withheld is contained in the document entitled Independent Review of Waterford... CFD Model, Holtec Report HI-981942. The entire content of this document is identified as being proprietary.
(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 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 Mass Energy Project v.
Nuclear Regulatorv Commission,975F2d871 (DC Cir.1992), and Public Citizen Hetith 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.
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 Hollec International constitutes a competitive economic advantage over other companies; i
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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.
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 l-International customer-funded development plans and programs of potential l
commercial value to Holtec International; 1
e.
Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
l 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) ne information sought to be withheld is being submitted to the NRC in confidence.
The information (including that compiled from many sources) is of a soit 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 unautLbrized 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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e 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 i
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, 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 doltec 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 evaluation process.
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'Ihe msearch, development, engineering, and analytical costs comprise a substantial investment of time and money by Holtec International.
1 The precise value of the expertise to devise an evaluation process and apply the cormet analytical methodology is difficult to quantify, but it clearly is substantial.
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AFFIDAVIT P'URSUANT TO 10CFR2.790 l
Holtec International's competitive advantage will be lost if its competitors are able l
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 auch 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.
I STATE OF NEW JERSEY
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COUNTY OF BURLINGTON
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Scott H. Pellet, being duly sworn, dep-;es and says:
That he has read the foregoing affidavit and the matters stated therein are true and correct 4
to the best of his knowledge, information, and belief.
Executed at Marlton, New Jersey, this 28th day of April 1998.
-fell1h Scott H. Pellet Holtec International day of b,1998.
M Subscribed and sworn before me this V
%N P' ARIA C. PEPE NOT//T(rUBUC OF NEW JERSEY M/ Com Esipises Apeft 25,2000 4
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l ATTACHMENT PROPRIETARY INFORMATION
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