ML20293A184

Request for Withholding Information from Public Disclosure

ML20293A184
Person / Time
Site:	Arkansas Nuclear
Issue date:	11/04/2020
From:	Thomas Wengert Plant Licensing Branch IV
To:	Entergy Operations
Wengert T
References
EPID L-2020-LLR-0104
Download: ML20293A184 (5)

Text

November 4, 2020 ANO Site Vice President Arkansas Nuclear One Entergy Operations, Inc.

1448 S.R. 333 Russellville, AR 72802

SUBJECT:

ARKANSAS NUCLEAR ONE, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2020-LLR-0104)

Dear Sir or Madam:

By letter dated July 15, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20218A672), you submitted affidavits executed by Scott Greenhaus from Structural Group, Inc. (SGI) dated July 1, 2020, and Rasko P. Ojdrovic from Simpson Gumpertz and Heger Inc. (SGH), dated July 2, 2020, which combined, requested that the information from the following documents (contained in Enclosures 1 and 4-9 of your letter dated July 15, 2020), be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:

Enclosure 1, Proposed Alternative to ASME [American Society of Mechanical Engineers] Section Xl Requirements for Repair/Replacement of ECP [Emergency Cooling Pond] Supply Piping in accordance with 10 CFR 50.55a(z)(1)

(Proprietary)

Enclosure 4, Material Manufacturing and Material Qualification (Proprietary)

Enclosure 5, Design (Proprietary)

Enclosure 6, Sample Procedures (Proprietary)

Enclosure 7, V-WrapTM CFRP [Carbon Fiber Reinforced Polymer] Composite System Installer Qualification and Training Program (Proprietary)

Enclosure 8, Failure Mode Effects Analysis (Proprietary)

Enclosure 9, Operating Experience (Proprietary)

A nonproprietary version of Enclosure 1, contained in Enclosure 12 of the letter dated July 15, 2020, has been placed in the U.S. Nuclear Regulatory Commissions (NRC) Public Document Room and added to the NRC Library in ADAMS at the above-referenced Accession No. ML20218A672.

The SGI affidavit stated, in part, that the information should be considered exempt from mandatory public disclosure for the following reasons:

The information sought to be withheld from public disclosure is owned by and has been held in confidence by SGI [and. . . ] this information has substantial commercial value as follows:

1) The SGI plan to sell the use of this information to their customers for the purpose of installing Carbon Fiber Reinforced Polymer (CFRP) in safety related piping.

2) That SGI can self-[sell] support and defense of the technology to their customers in the licensing process.

3) The information requested to be withheld reveals the distinguishing aspects of a methodology which was developed by SGI.

4) Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of SGI because it would enhance the ability of competitors to provide similar licensing services for commercial power reactors without commensurate expenses.

5) Public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

6) The development of the technology described in part by the proprietary information is the result of applying the results of many years of experience in an intensive effort by SGI and the expenditure of a considerable sum of money and resources. In order for competitors to duplicate this information, similar technical programs would have to be performed including a significant expenditure [of] money and resources.

The SGH affidavit stated, in part, that the information should be considered exempt from mandatory public disclosure for the following reasons:

i. This information is and has been held in confidence by SGH.

ii. This information is of a type that is customarily held in confidence by SGH, and there is a rational basis for doing so because the information includes proprietary information that was developed and compiled by SGH. This information is classified as proprietary because it contains information relevant to analytical approaches and methodologies not available elsewhere.

iii. The information is being transmitted to the NRC voluntarily and in confidence. This information is not available in public sources and could not be gathered from other publicly available information.

iv. Substantial cost and time have been expended by SGH to develop and evaluate this information. Public release of this information could lead to additional

significant cost to SGH and is likely to cause substantial harm to SGHs competitive position and foreclose or reduce the availability of profit-making opportunities. The commercial value of this information to SGH would be lost or severely reduced if the information were disclosed to the public.

v. Public disclosure of the information sought to be withheld would provide other parties, specifically SGHs competitors, with valuable information.

SGHs competitive advantage would be lost if its competitors are able to use the results of SGHs efforts to aid their own commercial activities.

For example, SGHs competitive advantage would be lost if its competitors are able to use the results of SGHs analyses 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. Making such information available to competitors without there having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall and deprive SGH of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment.

vi. The commercial value of the information extends beyond the original development cost and includes development of the expertise to determine and apply the appropriate evaluation process to the information. The research, development, engineering, and analytical costs that went into generating this information comprise a substantial investment of time and money by SGH. The precise value of this information is difficult to quantify, but it clearly is substantial.

We have reviewed the application and material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavits, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. In addition, we have determined that Enclosures 4-9 of your July 15, 2020, letter contain extensive proprietary information to an extent that a non-proprietary (i.e., redacted) version would be of no value to the public.

Therefore, the version of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

If you have any questions, please contact me at (301) 415-4037 or by e-mail at Thomas.Wengert@nrc.gov.

Sincerely,

/RA/

Thomas J. Wengert, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-313 and 50-368 cc: Scott Greenhaus Executive Vice President Structural Group, Inc.

10150 Old Columbia Road Columbia, MD 21046 Mr. Rasko P. Ojdrovic Vice President and Senior Principal Simpson Gumpertz & Heger 480 Totten Pond Road Waltham, MA 02451 Listserv

ML20293A184 *by e-mail OFFICE NRR/DORL/LPL4/PM* NRR/DORL/LPL4/LA* NRR/DNRL/NPHP/BC*

NAME TWengert PBlechman MMitchell DATE 10/26/2020 10/23/2020 11/3/2020 OFFICE NRR/DEX/EMIB/BC* NRR/DORL/LPL4/BC* NRR/DORL/LPL4/PM*

NAME ABuford JDixon-Herrity TWengert DATE 11/2/2020 11/4/2020 11/4/2020