ML23241A841

Response to Request for Additional Information - Proposed Alternative to the Requirements for Repair/Replacement of Saltwater (SW) System Buried Piping

ML23241A841
Person / Time
Site:	Calvert Cliffs
Issue date:	08/29/2023
From:	David Helker Constellation Energy Generation
To:	Office of Nuclear Reactor Regulation, Document Control Desk
Shared Package
ML23241A840	List: ML23241A841 ML23241A843
References
Download: ML23241A841 (1)

Text

PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CFR 2.390 200 Exelon Way Kennett Square, PA 19348 www.exeloncorp.com 10 CFR 50.55a August 29, 2023 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555-0001 Calvert Cliffs Nuclear Power Plant, Units 1 and 2 Renewed Facility Operating License Nos. DPR-53 and DPR-69 NRC Docket Nos. 50-317 and 50-318

Subject:

Response to Request for Additional Information - Proposed Alternative to the Requirements for Repair/Replacement of Saltwater (SW) System Buried Piping

References:

1) "Calvert Cliffs Nuclear Power Plant, Units 1 and 2 - Summary of January 10, 2022, Closed Meeting with Exelon Generation Company, LLC RE: Proposed Relief Request for Alternative Repair of Buried Saltwater Piping with Carbon Fiber Reinforced Polymer Composite System (EPID L-2021-LRM-0122)," dated March 22, 2022 (ML22066A001)

2) Letter from D. Helker (Constellation Energy Generation, LLC) to U.S.

Nuclear Regulatory Commission, "Proposed Alternative to the Requirements for Repair/Replacement of Saltwater (SW) System Buried Piping," dated February 24, 2023 (ML23055A284)

3) Letter from S. Goetz (U.S. Nuclear Regulatory Commission) to D. Rhoades (Constellation Energy Generation, LLC), Calvert Cliffs Nuclear Power Plant, Units 1 and 2 - Request for Additional Information Regarding Proposed Alternative to the Requirements for Repair/ Replacement of Saltwater System Buried Piping (EPID: L-2023-LLR-0006), dated August 16, 2023 (ML23219A163)

In accordance with the provisions of 10 CFR 50.55a(z)(1), Constellation Energy Generation, LLC, (CEG) requested approval to allow the use of the V-Wrap' Carbon Fiber Reinforced Polymer (CFRP) Composite System for the internal repair of the buried Saltwater (SW)

System piping at Calvert Cliffs Nuclear Power Plant (CCNPP), Units 1 and 2 in the Reference 2 letter. In the Reference 3 letter, the U.S. Nuclear Regulatory Commission requested additional information. Attached is our response.

Enclosures 1 and 2 transmitted herewith contain Proprietary Information.

When separated from Enclosures 1 and 2, this document is decontrolled.

Response to Request for Additional Information - Proposed Alternative to the Requirements for Repair/Replacement of Saltwater (SW)

System Buried Piping August29,2023 Page 2 Enclosures 1 and 2 contain proprietary information. Structural Group, Inc. requests that this information be withheld from public disclosure in accordance with 10 CFR 2.390. A non-proprietary version is contained in Enclosure 3. An affidavit supporting this request is contained in Enclosure 4.

There are no regulatory commitments contained in this letter.

If you have any questions, please contact Tom Loomis at Thomas.Loomis@constellation.com.

Respectfully, David P. Helker Senior Manager - Licensing Constellation Energy Generation, LLC

Enclosures:

1) Response to Request for Additional Information - Proprietary Version

2) Resubmittal of Enclosure 5, Attachment C - Proprietary Version

3) Response to Request for Additional Information - Non-Proprietary Version

4) Affidavit cc: Regional Administrator, NRC Region I NRC Senior Resident Inspector NRC Project Manager S. Seaman, State of Maryland - Enclosures 3 and 4 Only

ENCLOSURE 4 Affidavit

struc,.tural group U. S. Nuclear Regulatory Commission Document Control Desk 11555 Rockville Pike Rockville, MD 20852 RE: Application for Withholding Proprietary Information from Public Disclosure Structural Group, Inc. (SGI), has provided certain proprietary information to Calvert Cliffs Nuclear Power Plant (CCNPP) Unit Nos. 1 and 2 in connection with a request by Constellation Energy Generation, LLC from the U.S. Nuclear Regulatory Commission (USNRC) to respond to Reference 6. This application requests that proprietary information of SGI be protected from public disclosure. The proprietary information prepared in support of Reference 6 for which withholding is being requested is further 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 affidavit accompanies this letter, setting forth the basis on which the information may be withheld from public disclosure by the USN RC and addressing with specificity the considerations listed in paragraph (b )( 4) of 10 CFR 2.390 (Reference 7) of the USNRC regulations.

A request for withholding similar proprietary information has been previously approved by the USN RC at the Surry Nuclear Station (Reference 1), South Texas Project (Reference 2),

Arkansas Nuclear One (Reference 3), Brunswick Electric Steam Plant (Reference 4) and Calvert Cliffs Nuclear Power Plant (Reference 5). Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Constellation Energy Generation, LLC.

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, MD 21046.

Very truly yours, A~L Scott Greenhaus, Executive Vice President

REFERENCES:

1. USN RC letter to Virginia Electric & Power Company, "Surry Power Station, Unit Nos. 1 and 2 - Relief from the Requirements of the ASME Code (CAC Nos. MF8987 and MF8988; EPID L-2016-LLR-0019)", dated December 20, 2017, ADAMS Accession No. ML17303A068

2. USN RC letter to South Texas Project Nuclear Operating Company, "South Texas Project Units 1 and 2 - Proposed Alternative RR-ENG-3-24 to ASME Boiler & Pressure Code Requirements for Repair of Essential Cooling Water (ECW) System Class 3 Buried Piping", (EPID L-2019-LLR-0096), dated September 3, 2020, ADAMS Accession No. ML20227A385

3. Letter from USNRC to Entergy Operations, Inc., Arkansas Nuclear One, ANO Site Vice President, "Arkansas Nuclear One, Units 1 and 2 - Request for Withholding Information from Public Disclosure (EPID L-2020-LLR-0104)", dated November 4, 2020, ADAMS Accession No. ML20293A184

4. Letter from USNRC (Karen Cotton, PM), to Duke Energy Progress, LLC (John A.

Krakuszeski, Site VP), dated July 16, 2021, "Brunswick Steam Electric Plant, Units 1 and 2, - Request for Withholding Information from Public Disclosure", ADAMS Accession No. ML21181A384

5. Letter from USN RC (Andrea G. Mayer, PM) to Constellation Energy Generation, LLC (David P. Rhodes, Senior VP), dated February 11, 2022, "Calvert Cliffs Nuclear Power Plant, Units 1 and 2 - Request for Withholding from Public Disclosure (EPID L-2021-LRM-0122)", Docket Nos. 50-317 and 50-318, ADAMS Accession No. ML22028A367

6. Letter from S. Goetz (U.S. Nuclear Regulatory Commission) to D. Rhoades (Constellation Energy Generation, LLC) to U.S. Nuclear Regulatory Commission, "Calvert Cliffs Nuclear Power Plant, Units 1 and 2 - Request for Additional Information Regarding Proposed Alternative to the Requirements for Repair/Replacement of Saltwater System Buried Piping (EPID: L-2023-LLR-0006)," dated August 16, 2023 (ML23219A163)

7. 10 CFR 2.390, "Public Inspections, Exemptions, Requests for Withholding"

Structural Group, Inc.

10150 Old Columbia Road Columbia, MD 21046 AFFIDAVIT State of Maryland )

County of Howard )

Before me, the undersigned authority, personally appeared Scott Greenhaus, who, being by me duty 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 Vice President Sworn to and subscribed before me this Qj';}-of August 2023

RA-20-0353 Enclosure 1 Page 4 of 6 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 licensing and rulemaking proceedings and am authorized to apply for its withholding on behalf of SGI and its affiliates.

I am making this Affidavit in conformance with the provisions of 10 CFR 2.390 of the U. S.

Nuclear Regulatory Commission (USNRC) regulations and in conjunction with SGl's Application for Withholding 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 commercial or financial information.

Pursuant to the provisions of paragraph (b)(4) of 10 CFR 2.390 of the USNRC's regulations, the following is furnished for consideration by the USNRC in determining whether the information sought to be withheld from public disclosure should be withheld.

The information sought to be withheld from public disclosure is owned by and has been held in confidence by SGI. The responses provided by Constellation Energy Generation, LLC to the NRC letter from Sujata Goetz (USN RC) to the David P. Rhoades (Constellation Energy Services, LLC), "Calvert Cliffs Nuclear Power Plant, Units 1 and 2 - Request for Additional Information Regarding Proposed Alternative to the Requirements for Repair/Replacement of Saltwater System Buried Piping (EPID: L-2023-LLR-0006)," dated August 16, 2023 (ML23219A163),

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 information customarily held in confidence by it and utilizes a system to determine 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 USNRC withholding the information from public disclosure.

Under SGl's system, information 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, as follows:

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 price information, production capacities, budget levels, or commercial strategies of SGI, their customers or suppliers.

RA-20-0353 Enclosure 1 Page 5 of 6

5. It reveals aspects of past, present, or future 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 policy reasons behind the SGI system which include the following:

1. The use of such information by SGI gives it a competitive advantage over 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 USNRC in confidence and, under the provisions of 10 CFR 2.390, it is to be received in confidence by the USN RC. 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 Constellation Energy Generation, LLC letter to the USN RC, "Response to Request for Additional Information - Proposed Alternative to Requirements for Repair/Replacement of Salt Water (SW) System Buried Piping", Docket Nos. 50-317/50-318 being transmitted by Constellation Energy Generation, LLC letter and reflected in SGl's Application for Withholding Proprietary Information from Public Disclosure addressed to the USNRC Document Control Desk. The proprietary information as submitted by SGI is for Calvert Cliffs Nuclear Power Plant (CCNPP) Unit Nos. 1 and 2 and may be used only for that purpose.

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

1. Provide input to Constellation Energy Generation, LLC. to provide to the USNRC for review of the Calvert Cliffs Nuclear Power Plant (CCNPP) Unit Nos. 1 and 2, RAI responses and,

RA-20-0353 Enclosure 1 Page 6 of 6

2. Provide licensing support for the Constellation Energy Generation, LLC submittal.

SGI owns or is permitted to use the proprietary information referenced in this Affidavit under agreements that include Constellation Energy Generation, LLC maintaining the confidentiality of such information, as contemplated in this Affidavit.

Further 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-Wrap' Carbon Fiber Reinforced Polymer (CFRP) Composite System 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 money and resources.

Further the deponent sayeth not.