ML22305A575

Request for Withholding Information Regarding Reanalysis of the Protection Against Low Temperature Reactor Coolant System Overpressure Events

ML22305A575
Person / Time
Site:	Davis Besse
Issue date:	11/04/2022
From:	Luke Haeg Plant Licensing Branch III
To:	Tony Brown Energy Harbor Nuclear Corp
Purnell B
References
Download: ML22305A575 (1)

Text

November 4, 2022

Mr. Terry J. Brown Site Vice President Energy Harbor Nuclear Corp.

Mail Stop P-DB-3080 5501 North State Route 2 Oak Harbor, OH 43449-9760

SUBJECT:

DAVIS-BESSE NUCLEAR POWER STATION, UNIT NO. 1 - REQUEST FOR WITHHOLDING INFORMATION REGARDING REANALYSIS OF THE PROTECTION AGAINST LOW TEMPERATURE REACTOR COOLANT SYSTEM OVERPRESSURE EVENTS

Dear Mr. Brown:

By letter dated July 21, 2022 (Agencywide Documents Access and Management System (ADAMS) Package Accession No. ML22202A429), as supplemented by letters dated September 19 (Package ML22262A150) and October 18, 2022 (Package ML22292A019),

Energy Harbor Nuclear Corp. submitted a reanalysis of the protection against low temperature reactor coolant system overpressure events for Davis-Besse Nuclear Power Station, Unit No. 1 (Davis-Besse). The July 21, 2022, letter included two affidavits from Framatome Inc.

(Framatome) requesting that certain information provided with the letter be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) section 2.390. The letters, affidavits, and nonproprietary versions of the documents provided with the letters have been made publicly available.

The first affidavit (affidavit 1) was dated April 25, 2019, and executed by Philip A. Opsal, Manager of Product Licensing for Framatome. Affidavit 1 states that information contained in Framatome document ANP-2718P-007, Appendix G Pressure-Temperature [P-T] Limits for 52 EFPY [Effective Full Power Years] for the Davis-Besse Nuclear Power Station, dated April 2019 (document 1) is proprietary because:

(b) Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.

(c) The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for Framatome.

(d) The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for Framatome in product optimization or marketability.

T. Brown

The second affidavit (affidavit 2) was dated April 8, 2022, and executed by Gayle Elliott, Deputy Director of Licensing and Regulatory Affairs for Framatome. Affidavit 2 states that information contained in Calculation Summary Sheet 32-9271138-001, Updated Inputs to 52 EFPY P-T [pressure - temperature] Operating Curves, dated November 2017 (document 2) is proprietary because:

(a) The information reveals details of Fram atomes research and development plans and programs or their results.

(e) The information is vital to a competitive advantage held by Framatome, would be helpful to competitors to Framatome, and w ould likely cause substantial harm to the competitive position of Framatome.

Document 2 did not include any markings to indi cate the specific information considered to be proprietary. The September 19, 2022, letter replaced document 2 with Calculation Summary Sheet 32-9271138-003, Updated inputs to 52 EFPY P-T Operating Curves, dated August 2022 (document 3), which included brackets to identify the information considered to be proprietary.

The September 19, 2022, letter also includes an affidavit (affidavit 3) dated August 17, 2022, that was executed by Gayle Elliott, Deputy Director of Licensing and Regulatory Affairs for Framatome. Affidavit 3 states that information contained in document 3 is proprietary because:

(d) The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for Framatome in product optimization or marketability.

(e) The information is vital to a competitive advantage held by Framatome, would be helpful to competitors to Framatome, and w ould likely cause substantial harm to the competitive position of Framatome.

By email dated September 23, 2022 (ML22266A110), the U.S. Nuclear Regulatory Commission (NRC) staff issued a request for additional information regarding the information marked as proprietary on page 8-20 of document 1. The licensees October 18, 2022, letter responds to this request for additional information and includes an affidavit (affidavit 4) dated October 13, 2022, that was executed by Philip A. Opsal, Manager of Product Licensing for Framatome. The letter also provides Framatome document ANP-2718-007 Q1P, Revision 0, Response to Request for Additional Information on Appendix G Pressure-Temperature Limits for 52 EFPY for Davis-Besse Nuclear Power Station - First Energy Nuclear Operating Company, dated October 2022 (document 4). Document 4 replaces page 8-20 of document 1 with a new page that has less information marked as proprietary. Affidavit 4 states that information contained in documents 1 and 4 is proprietary for the same reasons previously claimed for document 1.

We have reviewed your letters and the material in accordance with the requirements of 10 CFR 2.390 and, based on 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. Therefore, the 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 T. Brown

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 revi ew 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 regarding this matter, I may be reached at 301-415-0272 or by email at Lucas.Haeg@nrc.gov.

Sincerely,

/RA/

Lucas Haeg, Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Docket No. 50-346

cc: Philip A. Opsal, Manager Product Licensing Framatome Inc.

3315 Old Forest Road Lynchburg, VA 24501

Gayle Elliott, Deputy Director Licensing and Regulatory Affairs Framatome Inc.

3315 Old Forest Road Lynchburg, VA 24501

Listserv

ML22305A575 OFFICE NRR/DORL/LPL3/PM NRR/DORL/LPL3/LA NRR/DORL/LPL3/BC(A) NRR/DORL/LPL3/PM

NAME LHaeg SRohrer RKuntz LHaeg DATE 11/01/2022 11/01/2022 11/4/2022 11/4/2022