ML21271A138

Request for Withholding from Public Disclosure Regarding Subsequent License Renewal Application

ML21271A138
Person / Time
Site:	Saint Lucie
Issue date:	10/06/2021
From:	Lois James NRC/NRR/DNRL/NLRP
To:	Coffey R Florida Power & Light Co
Rodriguez H
References
Download: ML21271A138 (8)

Text

October 6, 2021

Mr. Robert Coffey Vice President, Nuclear &

Chief Nuclear Officer Florida Power & Light Company 700 Universe Boulevard Juno Beach, FL 33408

SUBJECT:

ST. LUCIE PLANT, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING FROM PUBLIC DISCLOSURE REGARDING SUBSEQUENT LICENSE RENEWAL APPLICATION

Dear Mr. Coffey:

By letter dated August 3, 2021 (Agencywide Documents Access and Management System (ADAMS) Package Accession No. ML21215A314), Florida Power & Lig ht Company (FPL or the applicant) submitted an application for the subsequent license renewal of Renewed Facility Operating License Nos. DPR-67 and NPF-16 for the St. Lucie Plan t, Units 1 and 2 (St. Lucie) to the U.S. Nuclear Regulatory Commission (NRC). FPL submitted th e application pursuant to Title 10 of the Code of Federal Regulations Part 54, Requirements for Renewal of Operating Licenses for Nuclear Power Plants, for subsequent license renewal.

As part of the application, you submitted the following affidav its:

1. CAW-21-5192, affidavit executed by Jill S. Monahan, Manager, eVinci Modeling and Analysis, on June 25, 2021, requesting the proprietary portions of LTR-SDA-21-021-P, Rev. 1, St. Lucie Units 1 & 2 Subsequent License Renewal: Reac tor Pressure Vessel Supports Assessment, be withheld from public disclosure under 10 CFR 2.390.

The affidavit stated that the submitted information should be c onsidered exempt from mandatory public disclosure for the following reasons:

Pursuant to 10 CFR 2.390, the following is furnished for consi deration by the Commission in determining whether the information sought to be withheld fr om public disclosure should be withheld.

(i) The information sought to be withheld from public disclosur e is owned and has been held in confidence by Westinghouse and is not customarily discl osed to the public.

(ii) The information sought to be withheld is being transmitted to the Commission in confidence and, to Westinghouses knowledge, is not available i n public sources.

(iii) Westinghouse notes that a showing of substantial harm is no longer an applicable criterion for analyzing whether a document should be withheld f rom public disclosure.

Nevertheless, public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse be cause it would R. Coffey 2

enhance the ability of competitors to provide similar technical evaluation justification and licensing defense services for commercial power reactors wi thout commensurate expenses. Also, public disclosure of the informat ion would enable others to use the information to meet NRC requirements for lice nsing documentation without purchasing the right to use the information.

2. CAW-21-5199, affidavit executed by Anthony J. Schoedel, Mana ger, eVinci Licensing &

Configuration Management, on July 14, 2021, requesting the prop rietary portions of LTR-SDA-II-20-31-P, Revision 2, St. Lucie Units 1 & 2 Subseque nt License Renewal:

Primary Equipment and Piping Environmentally Assisted Fatigue E valuations, be withheld from public disclosure under 10 CFR 2.390.

The affidavit stated that the submitted information should be c onsidered exempt from mandatory public disclosure for the following reasons:

Pursuant to 10 CFR 2.390, the following is furnished for consi deration by the Commission in determining whether the information sought to be withheld fr om public disclosure should be withheld.

(i) The information sought to be withheld from public disclosur e is owned and has been held in confidence by Westinghouse and is not customarily discl osed to the public.

(ii) The information sought to be withheld is being transmitted to the Commission in confidence and, to Westinghouses knowledge, is not available i n public sources.

(iii) Westinghouse notes that a showing of substantial harm is no longer an applicable criterion for analyzing whether a document should be withheld f rom public disclosure.

Nevertheless, public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse be cause it would enhance the ability of competitors to provide similar technical evaluation justification and licensing defense services for commercial power reactors wi thout commensurate expenses. Also, public disclosure of the informat ion would enable others to use the information to meet NRC requirements for lice nsing documentation without purchasing the right to use the information.

3. MSLEF-LTR-001 Rev. 0, affidavit executed by Mario Gogic, Man ager, Component Engineering of BWXT Canada Ltd., on July 16, 2021, requesting t he proprietary portions of MSLEF-SR-01-P, St. Lucie Unit 1 Replacement Steam Generator - Environmental Assisted Fatigue Report, be withheld from public disclosure under 10 CF R 2.390.

The affidavit stated that the submitted information should be c onsidered exempt from mandatory public disclosure for the following reasons:

Pursuant to the provisions of paragraph (b)(4) of Section 2.39 0 of the Commissions regulations, the following is furnished for consideration by th e Commission in determining whether the information sought to be withheld from public discl osure should be withheld.

(i) The information sought to be withheld form public disclosur e is owned and has been held in confidence by BWXT.

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(ii) The information is of a type customarily held in confidenc e by BWXT and not customarily disclosed to the public. BWXT has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The application of that system and the substanc es of that system constitutes BWXT policy and provides the rational basis require d.

(iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.390, it is to be received in con fidence by the Commission.

(iv) The information sought to be protected is not available in public sources or available information has not been previously employed in the same origin al manner or method to the best of our knowledge and belief.

4. No. 86-9329644-001, affidavit executed by Gayle Elliott, Dep uty Director, Licensing and Regulatory Affairs, for Framatome Inc., on July 14, 2021, reque sting the proprietary portions of document No. 86-9329644-001, St. Lucie SLR CUFen Evaluation s Summary, be withheld from public disclosure under 10 CFR 2.390.

The affidavit stated that the submitted information should be c onsidered exempt from mandatory public disclosure for the following reasons:

4. This document contains information of a proprietary and con fidential nature and is of the type customarily held in confidence by Framatome and not made a vailable to the public.

Based on my experience, I am aware that other companies regard information of the kind contained in this Document as proprietary and confidential.

5. This Document has been made available to the U.S. Nuclear Re gulatory Commission in confidence with the request that the information contained in t his Document be withheld from public disclosure. The request for withholding of proprie tary information is made in accordance with 10 CFR 2.390. The information for which withho lding from disclosure is requested qualifies under 10 CFR 2.390. The information for wh ich withholding from disclosure is requested qualifies under 10 CFR 2.390(a)(4) Tra de Secrets and commercial or financial information.

5. CAW-21-5189, affidavit executed by Anthony J. Schoedel, Mana ger, eVinci Licensing &

Configuration Management, on June 3, 2021, requesting the propr ietary portions of WCAP-18617-P, Revision 1, St. Lucie Units 1 & 2 Subsequent Lic ense Renewal:

Technical Justification for Eliminating Large Primary Loop Pipe Rupture as the Structural Design Basis, be withheld from public disclosure under 10 CFR 2.390.

The affidavit stated that the submitted information should be c onsidered exempt from mandatory public disclosure for the following reasons:

Pursuant to 10 CFR 2.390, the following is furnished for consi deration by the Commission in determining whether the information sought to be withheld fr om public disclosure should be withheld.

(i) The information sought to be withheld from public disclosur e is owned and has been held in confidence by Westinghouse and is not customarily discl osed to the public.

R. Coffey 4

(ii) The information sought to be withheld is being transmitted to the Commission in confidence and, to Westinghouses knowledge, is not available i n public sources.

(iii) Westinghouse notes that a showing of substantial harm is no longer an applicable criterion for analyzing whether a document should be withheld f rom public disclosure.

Nevertheless, public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse be cause it would enhance the ability of competitors to provide similar technical evaluation justification and licensing defense services for commercial power reactors wi thout commensurate expenses. Also, public disclosure of the informat ion would enable others to use the information to meet NRC requirements for lice nsing documentation without purchasing the right to use the information.

6. CAW-21-5180, affidavit executed by Anthony J. Schoedel, Mana ger, eVinci Licensing &

Configuration Management, on May 5, 2021, requesting the propri etary portions of LTR-SDA-20-097-P, Rev. 2, St. Lucie Units 1 & 2 Subsequent License Renewal: Alloy 600 Half Nozzle Repair Flaw Evaluation, be withheld from the public dis closure under 10 CFR 2.390.

The affidavit stated that the submitted information should be c onsidered exempt from mandatory public disclosure for the following reasons:

Pursuant to 10 CFR 2.390, the following is furnished for consi deration by the Commission in determining whether the information sought to be withheld fr om public disclosure should be withheld.

(i) The information sought to be withheld from public disclosur e is owned and has been held in confidence by Westinghouse and is not customarily discl osed to the public.

(ii) The information sought to be withheld is being transmitted to the Commission in confidence and, to Westinghouses knowledge, is not available i n public sources.

(iii) Westinghouse notes that a showing of substantial harm is no longer an applicable criterion for analyzing whether a document should be withheld f rom public disclosure.

Nevertheless, public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse be cause it would enhance the ability of competitors to provide similar technical evaluation justification and licensing defense services for commercial power reactors wi thout commensurate expenses. Also, public disclosure of the informat ion would enable others to use the information to meet NRC requirements for lice nsing documentation without purchasing the right to use the information.

7. CAW-21-5201, affidavit executed by affidavit executed by Ant hony J. Schoedel, Manager, eVinci Licensing & Configuration Management, on July 9, 2021, r equesting the proprietary portions of LTR-SDA-20-104-P, Rev. 2, St. Lucie Units 1 & 2 Su bsequent License Renewal:

Evaluation of Time-Limited Aging Analysis of the Reactor Vessel Internals, be withheld form public disclosure under 10 CFR 2.390.

The affidavit stated that the submitted information should be c onsidered exempt from mandatory public disclosure for the following reasons:

R. Coffey 5

Pursuant to 10 CFR 2.390, the following is furnished for consi deration by the Commission in determining whether the information sought to be withheld fr om public disclosure should be withheld.

(i) The information sought to be withheld from public disclosur e is owned and has been held in confidence by Westinghouse and is not customarily discl osed to the public.

(ii) The information sought to be withheld is being transmitted to the Commission in confidence and, to Westinghouses knowledge, is not available i n public sources.

(iii) Westinghouse notes that a showing of substantial harm is no longer an applicable criterion for analyzing whether a document should be withheld f rom public disclosure.

Nevertheless, public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse be cause it would enhance the ability of competitors to provide similar technical evaluation justification and licensing defense services for commercial power reactors wi thout commensurate expenses. Also, public disclosure of the informat ion would enable others to use the information to meet NRC requirements for lice nsing documentation without purchasing the right to use the information.

8. CAW-21-5173, affidavit executed by Zackary S. Harper, Manage r Licensing Engineering, Westinghouse Electric Company LLC, on April 9, 2021, requesting the proprietary portions of LTR-SDA-20-099-P, Rev. 1, St. Lucie Units 1 & 2 Subsequent License Renewal: Task 9E RCP Casing Code Case N-481 Evaluation, be withheld from pub lic disclosure under 10 CFR 2.390.

The affidavit stated that the submitted information should be c onsidered exempt from mandatory public disclosure for the following reasons:

Pursuant to 10 CFR 2.390, the following is furnished for consi deration by the Commission in determining whether the information sought to be withheld fr om public disclosure should be withheld.

(i) The information sought to be withheld from public disclosur e is owned and has been held in confidence by Westinghouse and is not customarily discl osed to the public.

(ii) The information sought to be withheld is being transmitted to the Commission in confidence and, to Westinghouses knowledge, is not available i n public sources.

(iii) Westinghouse notes that a showing of substantial harm is no longer an applicable criterion for analyzing whether a document should be withheld f rom public disclosure.

Nevertheless, public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse be cause it would enhance the ability of competitors to provide similar technical evaluation justification and licensing defense services for commercial power reactors wi thout commensurate expenses. Also, public disclosure of the informat ion would enable others to use the information to meet NRC requirements for lice nsing documentation without purchasing the right to use the information.

R. Coffey 6

9. No. 86-9329645-000, affidavit executed by Gayle Elliott, Dep uty Director, Licensing and Regulatory Affairs, for Framatome Inc., on July 14, 2021, reque sting the proprietary portions of document No. 86-9329645-000, St. Lucie SLR Crack Growth Ana lysis Summary, be withheld from public disclosure under 10 CFR 2.390.

The affidavit stated that the submitted information should be c onsidered exempt from mandatory public disclosure for the following reasons:

4. This document contains information of a proprietary and con fidential nature and is of the type customarily held in confidence by Framatome and not made a vailable to the public.

Based on my experience, I am aware that other companies regard information of the kind contained in this Document as proprietary and confidential.

5. This Document has been made available to the U.S. Nuclear Re gulatory Commission in confidence with the request that the information contained in t his Document be withheld from public disclosure. The request for withholding of proprie tary information is made in accordance with 10 CFR 2.390. The information for which withho lding from disclosure is requested qualifies under 10 CFR 2.390. The information for wh ich withholding from disclosure is requested qualifies under 10 CFR 2.390(a)(4) Tra de Secrets and commercial or financial information.

10. LTR-SDA-II-20-31-P, Rev. 2, affidavit executed by Ihab Botr os, Vice President/General Manager, FPD Americas, on July 29, 2021, requesting the proprie tary portions of LTR-SDA-II-20-31-P, Rev. 2, St. Lucie Units 1 & 2 Subsequent L icense Renewal: Primary Equipment and Piping Environmentally Assisted Fatigue Evaluatio ns, be withheld from public disclosure under 10 CFR 2.390.

The affidavit stated that the submitted information should be c onsidered exempt from mandatory public disclosure for the following reasons:

Pursuant to 10 CFR 2.390, the following is furnished for consi deration by the Commission in determining whether the information sought to be withheld fr om public disclosure should be withheld.

(i) The information sought to be withheld from public disclosur e is owned and has been held in confidence by Flowserve and is not customarily disclose d to the public.

(ii) The information sought to be withheld is being transmitted to the Commission in confidence and, to Flowserves knowledge, is not available in p ublic sources.

(iii) Flowserve notes that a showing of substantial harm is no longer an applicable criterion for analyzing whether a document should be withheld f rom public disclosure.

Nevertheless, public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Flowserve becau se it would enhance the ability of competitors to provide similar technical evaluat ion justification and licensing defense services for commercial power reactors withou t commensurate expenses. Also, public disclosure of the information would ena ble others to use the information to meet NRC require ments for licensing documentatio n without purchasing the right to use the information.

R. Coffey 7

A nonproprietary copy of these documents has been placed in the NRCs Public Document Room and added to the NRC Library under the ADAMS Accession No. ML21215A320.

We have reviewed your application and the material in accordanc e with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidav it, have determined that the submitted information sought to be withheld contains proprietar y commercial information and should be withheld from public disclosure.

Therefore, the version of the submitted information marked as p roprietary will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 10 3(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 t he 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 inspe ction should change in the future such that the information could then be made available for publ ic inspection, you should promptly notify the NRC. You also should understand that the N RC 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, i f the NRC makes a determination adverse to the above, you will be notified in advance of any pu blic disclosure.

If you have any questions regarding this matter, I may be reached via e-mail at Lois.James@nrc.gov.

Sincerely,

/RA/

Lois James, Project Manager License Renewal Projects Branch Division of New and Renewed License Office of Nuclear Reactor Regulation

Docket Nos. 50-335 and 50-389

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ML21271A138 via e-concurrence NRR-106 OFFICE PM/DNRL/NLRP LA/DNRL/NRLB BC/DNRL/NPHP BC/DNRL/NVIB BC/DNRL/NLRP NAME HRodriguez SGreen MMitchell ABuford LGibson DATE 9/27/21 9/28/21 10/04/21 10/04/21 10/06/21 OFFICE PM/DNRL/NLRP NAME LJames DATE 10/06/21