ML21181A384

Request for Withholding Information from Public Disclosure

ML21181A384
Person / Time
Site:	Brunswick
Issue date:	07/16/2021
From:	Cotton K Plant Licensing Branch II
To:	Krakuszeski J Duke Energy Progress
Cotton, K.
References
EPID L-2021-LLR-0014
Download: ML21181A384 (5)

Text

July 16, 2021 Mr. John A. Krakuszeski Site Vice President Brunswick Steam Electric Plant Duke Energy Progress, LLC 8470 River Rd. SE (M/C BNP001)

Southport, NC 28461

SUBJECT:

BRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2021-LLR-0014)

Dear Mr. Krakuszeski:

By letter dated February 24, 2021, as supplemented by letters dated May 3, 2021 and June 22, 2021 (Agencywide Documents Access and Management System (ADAMS) Accession Nos.

ML21055A797, ML21123A293 and ML21173A253), you submitted affidavits executed by Scott Greenhaus, Executive Vice President, Structural Group, Inc. (SGI), dated June 7, 2021, and Rasko P. Ojdrovic, Vice President and Senior Principal, Simpson Gumpertz & Heger Inc.

(SGH), dated April 14, 2021, which combined, requested that the information from the following documents (contained in Enclosures 1 and 4-9 of your letter dated February 24, 2021), be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR):

Enclosure 1, Proposed Alternative to ASME [American Society of Mechanical Engineers] Section Xl Requirements for Repair/Replacement of Service Water (SW) System Buried 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, Sample Training Plans (Proprietary)

Enclosure 8, Failure Mode Effects Analysis (Proprietary)

Enclosure 9, Operating Experience (Proprietary)

A nonproprietary version of Enclosure 1, contained in Enclosure 11 of the letter dated February 24, 2021, has been placed in the U.S. Nuclear Regulatory Commissions (NRC) Public

J. Krakuszeski Document Room and added to the NRC Library in ADAMS at the above-referenced Accession No. ML21055A797.

The affidavit executed by Scott Greenhaus, Executive Vice President, SGI, dated June 7, 2021, stated, in part, that the submitted 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 the V-WrapTM Carbon Fiber Reinforced Polymer (CFRP) in safety related piping.

2) That SGI can self-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 USNRC 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 affidavit executed by Rasko P. Ojdrovic, Vice President and Senior Principal, SGH, dated April 14, 2021, stated, in part, that the submitted 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 as a trade secret.

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.

J. Krakuszeski iii. 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 harm to SGHs 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.

vi. Public disclosure of the information sought to be withheld would provide other parties, and specifically SGHs competitors, with economically 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 would deprive SGH of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment.

vii. 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.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, 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 February 24, 2021, 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(s) 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.

J. Krakuszeski 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) 415-1438 or by e-mail at Karen.Cotton@nrc.gov.

Sincerely, Digitally signed by Karen Karen R. R. Cotton Date: 2021.07.16 Cotton 11:32:27 -04'00' Karen R. Cotton, Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-325 and 50-324 cc: Scott Greenhaus Executive Vice President Structural Group, Inc.

10150 Old Columbia Road Columbia, MD 21046 Rasko P. Ojdrovic Vice President and Senior Principal Simpson Gumpertz & Heger Inc.

480 Totten Pond Road Waltham, MA 02451 Listserv

ML21181A384 OFFICE NRR/DORL/LPL2-1/PM NRR/DORL/LPL2-1/PM NRR/DORL/LPL2-2/LA NAME ZStone KCotton RButler DATE 6/25/2021 6/29/2021 7/8/2021 OFFICE NRR/DORL/LPL2-2/BC NRR/DORL/LPL2-1/PM NAME DWrona (MMahoney for) KCotton DATE 7/14/2021 7/16/2021