0CAN022101, Response to Request for Additional Information - Proposed Alternative to ASME Section XI Requirements for Repair/Replacement of Emergency Cooling Pond Supply Piping

Response to Request for Additional Information - Proposed Alternative to ASME Section XI Requirements for Repair/Replacement of Emergency Cooling Pond Supply Piping

ML21063A243
Person / Time
Site:	Arkansas Nuclear
Issue date:	02/22/2021
From:	Gaston R Entergy Operations
To:	Document Control Desk, Office of Nuclear Reactor Regulation
Shared Package
ML21063A242	List: 0CAN022101, Response to Request for Additional Information - Proposed Alternative to ASME Section XI Requirements for Repair/Replacement of Emergency Cooling Pond Supply Piping ML21063A244
References
0CAN022101
Download: ML21063A243 (14)

Text

This letter contains proprietary infonnatlon.

Withhold Enclosure 1 from public disclosure In accordance with 10 CFR 2.390.

Entergy Operations, Inc.

1340 Echelon Perl(way Jackson, MS 39213 Tel 601-388-5138 Ron Gaston Director, Nuclear l.JcenBl!lg 10 CFR 50.55a(z)(1) 0CAN022101 February 22, 2021 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555

Subject:

Response to Request for Additional Information - Proposed Alternative to ASME Section XI Requirements for Repair/Replacement of Emergency Cooling Pond Supply Piping ,

Arkansas Nuclear One, Unit 1 and Unit 2 NRC Docket Nos. 50-313 and 50-368 Renewed Facility Operating License Nos. DPR-51 and NPF-6 By letter dated July 15, 2020 (Reference 1), Entergy Operations, Inc. (Entergy), requested NRC approval of a proposed alternative to American Society for Mechanical Engineers (ASME)

Boiler & Pressure Vessel Code Section XI requirements for repair/replacement of Emergency Cooling Pond (ECP) supply piping in accordance with 10 CFR 50.55a(z)(1). During the course of review, the NRC determined that additional information is needed to support completing the review process (Reference 2). The request for additional information (RAI) and associated Entergy response is included in the attached enclosure.

Responses or portions thereof to the following NRC Mechanical Engineering and lnservice Testing Branch (EMIB) and NRC Piping and Head Penetration (NPHP) Branch questions are considered proprietary to Structural Technologies, LLC, and/or Simpson Gumpertz & Heger, Inc., and are to be withheld from public disclosure in accordance with 10 CFR 2.390 of the Commission's regulations.

EMIB RAls 2, 3, 5, 7, 8, 9, 10, 11, and 12 NPHP RAls 1, 2, 3, 5, 6, and 7 This information is supported by affidavits, signed by Structural Technologies, LLC, and Simpson Gumpertz & Heger, Inc., the owners of the information. The affidavits set forth the bases by which the information may be withheld from public disclosure by the Commission and This letter contains proprietary information. A-t>lf 7 Withhold Enclosure 1 from public dlsclosure In accordance with 10 CFR 2.390.

tJ~rz

This letter contains proprietary lnfonnatlon.

With hold Enclosure 1 from publlc disclosure In accordance with 10 CFR 2.390.

0CAN022101 Page 2 of 3 addresses with specificity the considerations listed in paragraph (b)(4) of 10 CFR 2.390 of the Commission's regulations. The affidavits are included in Structural Technologies, LLC, and Simpson Gumpertz & Heger, Inc. letters to the NRC entitled, "Application for Withholding Proprietary Information from Public Disclosure," and "Withholding of Certain Proprietary Information Pursuant to 10 CFR 2.390." The Structural Technologies, LLC, and Simpson Gumpertz & Heger, Inc., authorization letters are provided in Enclosures 2 and 3, respectively.

In conformance to the requirements of 10 CFR 2.390 concerning the protection of proprietary information, the proprietary information included in Enclosure 1 is presented in bold type and contained within double brackets. A non-proprietary version of Enclosure 1 is included as .

No new regulatory commitments are included in this submittal.

If there are any questions or if additional information is needed, please contact Riley Keele, Jr.,

Manager, Regulatory Assurance, Arkansas Nuclear One, at 479-858-7826.

I declare under penalty of pe~ury that the foregoing is true and correct.

Executed on February 22, 2021.

Respectfully, Ron Gaston RWG/dbb

Enclosures:

1. Response to Request for Additional Information related to Proposed Alternative to ASME Section XI Requirements for Repair/Replacement of ECP Supply Piping in accordance with 10 CFR 50.55a(z)(1) (Proprietary)

2. Structural Group Application for Withholding Proprietary Information from Public Disclosure

3. Simpson Gurnpertz & Heger Inc. Application for Withholding Proprietary Information from Public Disclosure

4. Response to Request for Additional Information related to Proposed Alternative to ASME Section XI Requirements for Repair/Replacement of ECP Supply Piping in accordance with 10 CFR 50.55a(z)(1) (Non-Proprietary)

This letter contains proprietary lnfonnatlon.

Withhold Enclosure 1 from publlc disclosure In accordance with 10 CFR 2.390.

This letter contains proprietary lnfonnatlon.

Wlthhold Enclosure 1 from publlc dlscloaure In accordance with 10 CFR 2.390.

0CAN022101 Page 3 of 3 r

References:

1. Entergy Operations, Inc. (Entergy) letter to U. S. Nuclear Regulatory Commission (NRC), "Proposed Alternative to ASME Boiler & Pressure Vessel Code Section XI Requirements for Repair/Replacement of Emergency Cooling Pond (ECP) Supply Piping in accordance with 10 CFR 50.55a(z)(1)," Arkansas Nuclear One, Units 1 and 2 (0CAN072001) (ML20218A672), dated July 15, 2020.

2. NRC email to Entergy, "Ark~nsas Nuclear One, Units 1 and 2- Request for Additional Information RE: Proposed Alternative to ASME Code Requirements for the Repair of Emergency Cooling Pond Piping (EPID L-2020-LLR-0104)," (0CNA012105) (ML21022A084), dated January 22, 2021.

cc: NRC Region IV Regional Administrator NRC Senior Resident Inspector - Arkansas Nuclear One NRC Project Manager - Arkansas Nuclear One This letter contains proprietary h1fonnatlon. ~

Wlthhold Enclosure 1 from,publlc disclosure In accordance with 10 CFR 2.390._

Enclosure 2 0CAN022101 Structural Group Application for Withholding Proprietary Information from Public Disclosure (5 pages)

struc,ur'al group February 12, 2020 U.S. Nuclear Regulatory Commission Document Control Desk 11555 RockvlllePike Rockville, MD20852 Subject Application for Withholding Proprietary Information from Public

References:

1. Entergy Operations, Inc. (Entergy) letter to U. S. Nudear Regulatory Commission (NRC),

"Response to Request for Additional Information - Proposed Alternative to ASME Boller &

Pressure Vessel Code Section XI Requirements for Repair/Replacement of Emergency Cooling Pond (ECP) Supply Piping In accordance with 10 CFR 50.SSa(z}(l)," Arkansas Nuclear One, Units 1 and 2, NRC Docket Nos. 50-313 and 50-368, Entergy letter no. OCAN02201.

2. Entergy Operations, Inc. (Entergy) letter to U. s. Nuclear Regulatory Commission (NRC),

• Proposed Alternative to ASME Boller & Pressure Vessel Code Section XI Requirements for Repair/Replacement of Emergency Cooling Pond (ECP) Supply Piping in accordance with 10 CFR 50.SSa(z)(l)," Arkansas Nudear One, Units 1 and 2 (OCAN072001) (ML20218A672).

3. NRC email to Entergy, "Arkansas Nuclear One, Units 1 and 2 - Request for Additional Information RE: Proposed Alternative to ASME Code Requirements for the Repair of Emergency Cooling Pond Piping (EPID L-2020-LLR-0104)," (OCNA012105).

Ladles and Gentlemen:

Structural Group, lnc.,(SGI) has provided certain proprietary information to Entergy Operations, Inc. (Entergy), in connection with a supplemental response by Entergy for the RAI round of responses from the U.S. Nuclear Regulatory Commission (NRC) to use an alternative per the requirements of 10 CFR 50.55a(z)(1). This application requests that proprietary infonnation ofSGI provided in reference 1 be protected from public disclosure.

The proprietary information for which withholding Is being requested Identified in the attached affidavit signed by the owner of the proprietary information, SGI, on behalf of itself and any wholly-owned subsidiaries or affiliated companies. An afflclavlt accompanies this letter, setting forth the basis on which the information may be withheld from public disclosure by the NRC and addressing with specificity the considerations listed in paragraph (b)(4) of 10 CFR 2.390 of the NRC's regulations.

Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Entergy.

Correspondence with respect to the proprietary aspects of the Application or the Affidavit should reference this letter and be addressed to Scott Greenhaus, Executive Vice President, Structural Group, Inc., 10150 Old Columbia Road, Columbia, MD21048.

~~

Scott Greenhaus Executive Vice A"estdent O(410)859-6458,l\ .4(410)340-3205 SGreenhaus@structuralgroup.com

struc'tural group struc,ural group AFFIDAVIT State of Maryland )

County of Howard )

Before me, the undersigned authority, personally appeared Scott Greenhaus, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of structural Group, Inc. and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, Information, and belief.

Scott Greenhaus Executive Vtee President 2

struc1ural group AFFIDAVIT

_I, Scott Greenhaus, am Executive Vice President of Structural Group, Inc. (SGI).

In my capacity as Executive Vice President I have been specifically delegated-the function of reviewing the proprietary Information sought to be withheld from public disclosure In conjunction with nuclear plant Ucenslng and rulemaklng proceedings and am authorized to apply for its withholding on behalf of SGI and Its afflllates.

I am making this Affidavit In confonnance with the provisions of 10 CFR 2.390 of the U.S. Nuclear Regulatory Commission (NRC} regulations and in conjooction with SGl's Application forWithholdlng Proprietary Information from Public Disclosure accompanying this Affidavit. .

I have personal knowledge of the criteria and procedures utilized by SGI In designating Information as a trade secret, privileged or as confidential commerciaJ or finan.clal Information.

Pursuant to the provisions o{ paragraph (b) (4) of 10 CFR 2.390 of the NRC's regulations, the following is furnished for consideration by the NRC In detennlning

-whether the Information sought to be withheld from public disclosure should be withheld.

The lnfonnatlon sought to be withheld from public disclosure is owned by and has been held In confidence by SGI. Specific portions of the response provided In Entergy's tetter:

OCAN02201, Docket Nos. 50-313 and 50-368 to the NRC's "Request for Additional Information" (RAJ) in Reference 3 includes SGI proprietary information.

The information Is of a type customarily held in confidence by SGI and not disclosed to the public. SGI has a rational basis for determining the types of informatlQn _customarily held In confidence by It and utilizes a system to detennlne when and whether to hold certain types of Information in confidence. The application of that system and the substance of that system provides a rational basis for maintaining confidentiality and justifies the NRC withhotding the information from public disclosure.

Under SGl's system, lnfonnation Is held In confidence if It falls In one or more of several types, the release of which might result In the loss of an existing or potential competitive advantage, asfollows: . * *

1) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of Its use by a competitor of SGI without license constitutes a competitive advantage over other companies.

2) It consists of supporting data, including test data, relative to a process {or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

3) Its use by a competitor would reduce their expenditure of resources or improve their competitive position In the design, manufacture, shipment, Installation, assurance of quality, or licensing a similar product

4) It reveals cost or prk:e Information, production capacities, budget levets, or commercial strategies of SGI, their customers or supp(lers.

5) It reveals aspects of past, present, or Mure development plans funded by SGI or Its customer, and programs of potential commercial value to SGI.

6) It contains patentable Ideas, for which patent protection may be desirable.

There are sound pollcy reasons behind the SGI system which Include the following;

1) The use of such information by SGI gives it a competitive advantage r:Ner

struc1ural group competitors. It Is, therefore, withheld from disclosure to protect SGl's competitive position.

2) It Is information that is marketable in many ways. The extent to which such Information is available to competitors diminishes SGl's ability to sell products and services Involving the use of the Information.

3) Use by a competitor would put SGI at a competitive disadvantage by reducing the competitor's expenditure of resources and capital.

4) Each component of proprietary Information pertinent to a particular competitive advantage Is potentially as valuable as the total competitive advantage.

If competitors acquire components of proprietary information, any one component may be the key to the entire process, thereby depriving SGI of Its competitive advantage.

5) Unrestricted disclosure would jeopardize the position of prominence of SGI In the world marketplace, and thereby give a market advantage to competitor In those countries in which SGI operates.

6) SGl's capacity to Invest corporate assets In research and development depends upon the success in obtaining and maintaining a competitive advantage.

The Information is being transmitted to the NRC in confidence and, under the provisions of 10CFR 2.390, it is to be received In confidence by the NRC. The Information sought to be protected is not available in public sources and, to the best of our knowledge and belief, available information has not been previously employed in the same original manner or method.

The proprietary Information sought to be withheld In this submittal Is that which is appropriately marked in Entergy's RAJ responses to the NRC being transmitted by Entergy letter (CAN022101, Docket Nos. 50-313/368) and reflected in SGl's Application for Withholding Proprietary Information from Public Disclosure addressed to the NRC Document Control Desk. The proprietary Information as submitted by SGI is that associated with the Proposed Alternative to ASME Section XI Requirements for Repair/Rep/aC6ment of Emergency Cooling Pond (ECP) Supply pt:Ji,lgfor Entergy Arkansas Nuclear One (ANO) Units 1 and 2 (Reference 2) and may be used only for that purpose.

This information Is part of that which will enable SGI to:

1) Provide Input to Entergy to provide to the NRC for the ANO Units 1 and 2, RAI response;and

2) Provide licensing support for the Entergy response.

SGI owns or is pennlttecl to use the proprietary infonnation referenced In this Affidavit under agreements that include SG l's maintaining the confidentiality of such information, as contemplated in this Affidavit.

Further this information has substantial commercial value as follows;

1) The SG I 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 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) Publlc disclosure of this proprietary information Is likely to cause substantial harm to the

-struc\ural group competitive position of SG I 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 infonnation would enable others to use the lnfom,atlon to meet NRC requirements for Hcensing 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 i'lformatlon, similar technical programs would have to be performea Including a significant expenditure money and resources.

Further the deponent sayeth not

Enclosure 3 0CAN022101 Simpson Gumpertz & Heger Inc. Application for Wlthholdlng Proprietary Information from Public Disclosure (4 pages)

SIMPSON GUMPERTZ & HEGER ~

17 February 2021 I Engineering of Slructures and Buildlng Enclosures U.S. Nuclear Regulatory Commission Document Control Desk 11555 Rockville Pike Rockville, MD 20852

Subject:

Wrthholding of Certain Proprietary Information Pursuant to 10 CFR 2.390 References* (1) Entergy Operations, Inc. (Entergy) letter the U.S. Nuclear Regulatory Commission (USNRC), "Response to Request for Additional lnfonnation - Proposed Altemat,ve to ASME Boiler & Pressure Vessel Code Section XI Reqwrements for the Repair/Replacement of Emergency Cooling Pond (ECP) Supply Piping in accordance with 10 CFR 50.55a(z)(1)," Arkansas Nuclear One, Units 1 and 2, NRC Docket Nos.

50-313 and 50-368, Entergy letter no. 0CAN022101.

(2) Entergy letter the USNRC, "Proposed Alternative to ASME Boiler & Pressure Vessel Code Section XI Reqwrements for the Repair/Replacement of Emergency Cooling Pond (ECP) Supply P1pmg in accordance with 10 CFR 50.55a(z)(1)," Arkansas Nuclear One, Units 1 and 2, (0CAN072001) (Ml20218A672).

(3) USNRC email to Entergy, aArkansas Nuclear One, Units 1 and 2 - Request for Additional lnfonnation RE: Proposed Alternative to ASME Code Requirements for the Repair of Emergency Cooling Pond Piping (EPID L-2020-LLR-0104)," (0CAN012105)

(ML21022A084).

In Reference (1), Entergy will provide a submittal to the USNRC that contains certain proprietary information owned by Simpson Gumpertz & Heger Inc. (SGH). SGH provided this information to Entergy or an Entergy affiliate to support the request made in Reference (2), and Entergy is authorized to use this information. As explained in the attached affidavit, SGH's proprietary information contained in Reference (1) qualifies for withholding under the exemption from disclosure set forth in Freedom of Information Act per 5 U.S.C. § 552(b)(4), the Trade Secrets Act per 18 U.S.C. § 1905, and NRC regulations at 10 C.F.R. §§ 9.17(a)(4), and 2.390(a)(4) for trade secrets and commercial information.

SGH respectfully requests that the NRC withhold this information from public disclosure. An affidavit supporting this request is attached.

Structural Group, Inc., a consultant to Entergy, has also made a similar withholding request for certain other information contained in Reference (1 ).

Please contact me by phone at 781.907.9231 or email at RPOjdrovic@sgh.com if you have any questions concerning this request.

Sincerely yours,

~~

Raska P. Ojdrovic Vice President and Senior Principal Simpson Gumpertz & Heger Inc.

I \BOS\Pl'Oj8Cts \2020\200336 00-AR K 1\INP\001R POJdrovic-L 200336 00 eac docx SIMPSON GUMPERTZ & HEGER INC.

480 Totten Pond Rood, Watthom, MA 02451 mom 781.907.9000 tax-781.907.9009 www.sgh.com Boston I Chicago I Houston I New York San Francisco I Southern California I Washington, DC

10 CFR 2.390 Affidavit SIMPSON GUMPERTZ & HEGER INC.

10 CFR 2.390 AFFIDAVIT OF RASKO P. OJDROVIC AFFIDAVIT I, Raska P. Ojdrovic, hereby state as follows:

(1) I am a Vice President and Senior Principal of Simpson Gumpertz & Heger Inc. (SGH),

and I have been authorized to execute this affidavit on behalf of SGH.

(2) Entergy Operations, Inc. will submit a transmittal to the US NRC entitled Response to Request for Additional Information - Proposed Alternative to ASME Section XI Requirements for Repair/Replacement of Emergency Cooling Pond (ECP) Supply Piping in accordance with 10 C.F.R. 50.55a(z)(l)," NRC Docket Nos. 50-313 and 50-368, Entergy letter no. 0CAN022 l 0 1. Certain portions of that transmittal contain proprietary information owned by SGH. This information should be held in confidence by the NRC and withheld from public disclosure. The following is a list of responses within the Entergy Operations transmittal that contain SGH proprietary information and that SGH requests be withheld:

• EMIB RAI-2, RAI-3, RAI-5, and RAI-7 thru RAI-12, inclusive

• NPHP RAI-1, RAI-2, RAl-3, RAI-5, and RAI-6 (3) In making this application for withholding of proprietary information of which it is the owner, SGH believes that the information qualifies for withholding under the exemption from disclosure set forth in the Freedom of Information Act per 5 U.S.C. § 552(b)(4), the Trade Secrets Act per 18 U.S.C. § 1905, and NRC regulations at 10 C.F.R. §§ 9.17(a)(4) and 2.390(a)(4) for trade secrets and commercial information because:

i. This information is and has been held in confidence by SGH as a trade secret.

11. 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.

m. The information is being transmitted to the NRC voluntarily and in confidence.

iv. This information is not available in public sources and cannot be gathered readily from other publicly available information.

v. 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 competitive harm to SGH's position and foreclose or reduce the availability of profit-making opportunities for SGH. The economic value of this information to SGH would be lost or severely reduced if the information were disclosed to the public.

Affidavit Page 1 IIIDC-035120/000001-3152313 vi

vi. Public disclosure of the information sought to be withheld would provide other parties, and specifically SGH's competitors, with economically valuable information. SGH's competitive advantage would be lost if its competitors are able to use the results of SGH's efforts to aid their own commercial activities.

For example, SGH's competitive advantage would be lost if its competitors are able to use the results of SGH's 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 competito~ without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall and would deprive SGH of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment.

vn. 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 clearly is substantial.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed on 17 February 2021.

)

Affidavit Page 2

\\IDC - on120IOOO00I - 3152313 vi