ML24190A401
| ML24190A401 | |
| Person / Time | |
|---|---|
| Site: | Summer  |
| Issue date: | 08/19/2024 |
| From: | Mary Johnson NRC/NRR/DNRL/NLRP |
| To: | Carr E Dominion Energy South Carolina |
| References | |
| EPID L-2023-SLR-0003 | |
| Download: ML24190A401 (4) | |
Text
August 19, 2024 Mr. Eric S. Carr President - Nuclear Operations and Chief Nuclear Officer Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711
SUBJECT:
VIRGIL C. SUMMER NUCLEAR STATION, UNIT NO. 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING THE SUBSEQUENT LICENSE RENEWAL APPLICATION - DOMINION ENERGY LETTER DATED MAY 30, 2024 (EPID NO. L-2023-SLR-0003)
Dear Mr. Carr:
By letter dated August 17, 2023 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML23233A175), as supplemented by letters dated April 1, 2024 (ML24095A207), May 6, 2024 (ML24129A200), May 30, 2024 (ML24155A146), and June 17, 2024 (ML24171A015), Dominion Energy South Carolina, Inc. (DESC), on behalf of itself and Santee Cooper, submitted an application for subsequent license renewal of Renewed Facility Operating License No. NPF-12 for Virgil C. Summer Nuclear Station, Unit No. 1 (V.C. Summer) to the U.S. Nuclear Regulatory Commission (NRC or staff) per Title 10 of the Code of Federal Regulations (10 CFR) Part 54, Requirements for Renewal of Operating Licenses for Nuclear Power Plants.
By letter dated May 6, 2024 (ML24127A111; Package ML24127A110), the NRC staff issued request for additional information (RAI) Set 1. In the letter dated May 30, 2024, Response to NRC Request for Additional Information Set 1, Response to NRC Request for Confirmation of Information Set 1 And Supplement 3, Enclosure 1 (Proprietary) Enclosure 2 (Non-Proprietary),
DESC provided response to the RAI to support completion of the safety review.
As part of the letter dated May 30, 2024, DESC submitted an affidavit dated May 28, 2024, executed by Zachary Harper, Senior Manager, Licensing for Westinghouse Electric Company LLC (Westinghouse) where DESC requested that the information cited in CGE-GENW-TR-LG-000004 Revision 2, be withheld from public disclosure pursuant to 10 CFR Part 2, Section 2.390, Public inspections, exemptions, requests for withholding:
- Response to VCS SLRA Request for Additional Information, Safety Review - Set 1 Attachment to CGE-GENW-TR-LG-000004-P (Proprietary)
A non-proprietary version of RAI Set 1 Response has been added to the NRC Library under ML24155A146.
The affidavits stated that the submitted information should be considered exempt from mandatory disclosure for the following reasons:
E. Carr 2
Zachary Harper - Affidavit for Westinghouse, (Enclosure 3)
(4)
Pursuant to 10 CFR 2.390, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld.
(i)
The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse and is not customarily disclosed to the public.
(ii)
The information sought to be withheld is being transmitted to the Commission in confidence and, to Westinghouse's knowledge, is not available in 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 from public disclosure. Nevertheless, public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar technical evaluation justifications and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.
(5)
Westinghouse has policies in place to identify proprietary information. Under that 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:
(a)
The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.
(b)
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).
(c)
Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.
(d)
It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
(e)
It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
E. Carr 3
(f)
It contains patentable ideas, for which patent protection may be desirable.
The NRC staff has 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, has determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the versions 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, the NRC staff may send copies of this information to our consultants working in this area. The NRC staff will 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 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 on this matter, please contact me via email at Marieliz.Johnson@nrc.gov.
Sincerely,
/RA/
Marieliz Johnson, Project Manager License Renewal Projects Branch Division of New and Renewed Licenses Office of Nuclear Reactor Regulation Docket No. 50-395 cc: Listserv