RNP-RA/03-0057, Submittal of Proprietary Documents in Support of License Renewal Application
| ML031320378 | |
| Person / Time | |
|---|---|
| Site: | Robinson  |
| Issue date: | 05/07/2003 |
| From: | Baucom C Progress Energy Carolinas |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| CAW-03-1623, RNP-RA/03-0057, WCAP-15363-NP, Rev 1, WCAP-15363-P, Rev 1, WCAP-15628-NP, WCAP-15628-P | |
| Download: ML031320378 (11) | |
Text
Progress Energy 10 CFR 2.790 Serial: RNP-RA/03-0057 MAY 0 7 2003 United States Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555 H. B. ROBINSON STEAM ELECTRIC PLANT, UNIT NO. 2 DOCKET NO. 50-261/LICENSE NO. DPR-23 SUBMITTAL OF PROPRIETARY DOCUMENTS IN SUPPORT OF LICENSE RENEWAL APPLICATION Ladies and Gentlemen:
By letter dated June 14, 2002, Carolina Power & Light (CP&L) Company, now doing business as Progress Energy Carolinas (PEC), submitted an application for the renewal of the Operating License for the H. B. Robinson Steam Electric Plant (HBRSEP), Unit No. 2, which is also referred to as the Robinson Nuclear Plant (RNP).
By letter dated February 11, 2003, and February 21, 2003, NRC requested additional information regarding the license renewal application. Two of the requests, numbered 4.6.1-1 and 4.6.1-2, requested submittal of documents that contain proprietary information.
In response to NRC requests 4.6.1-1 and 4.6.1-2, the following items are included as attachments to this letter.
- 1.
Four copies of WCAP - 15628, "Technical Justification for Eliminating Large Primary Loop Pipe Rupture as the Structural Design Basis for the H. B.
Robinson Unit 2 Nuclear Power Plant for the License Renewal Program,"
(Proprietary)
- 2.
Four copies of WCAP - 15363, Revision 1, "A Demonstration of Applicability of ASME Code Case N-481 to the Primary Loop Pump Casings of H. B. Robinson Unit 2 for the License Renewal Program," (Proprietary)
- 3.
Two copies of WCAP - 15628 - NP, "Technical Justification for Eliminating Large Primary Loop Pipe Rupture as the Structural Design Basis for the H. B.
Robinson Unit 2 Nuclear Power Plant for the License Renewal Program,"
(Non-proprietary)
- 4.
Two copies of WCAP - 15363 - NP, Revision 1, "A Demonstration of Applicability of ASME Code Case N-481 to the Primary Loop Pump Casings of H. B. Robinson Unit 2 for the License Renewal Program," (Non-proprietary)
Progress Energy Carolinas, Inc.
3581 West Entrance Road Hartsville, SC 29550
United States Nuclear Regulatory Commission Serial: RNP-RA/03-0057 Page 2 of 2 Also attached are a Westinghouse authorization letter, CAW-03-1623, accompanying affidavit, Proprietary Information Notice, and a Copyright notice.
Since Items 1 and 2, above, contain information proprietary to Westinghouse Electric Company, they are supported by an affidavit signed by Westinghouse, the owner of the information. The affidavit sets forth the basis on which the information may be withheld from public disclosure by the NRC and addresses the considerations listed in 10 CFR 2.790.
Accordingly, it is requested that the information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10 CFR 2.790.
The RNP response to NRC request for additional information numbered 4.2.2-1 committed to submit WCAP - 15828, "Evaluation of Pressurized Thermal Shock for H. B. Robinson Unit 2," Revision 0. This non-proprietary document is also provided as an attachment to this letter.
If you have any questions concerning this matter, please contact me.
Sincerely, co G-~
C. T. Baucom Supervisor - Licensing/Regulatory Programs Attachments JSK/jsk C:
Mr. T. P. O'Kelley, Director, Bureau of Radiological Health (SC) (w/o Attachments)
Mr. L. A. Reyes, NRC, Region II (w/o Attachments)
Mr. C. P. Patel, NRC, NRR (w/o Attachments)
NRC Resident Inspectors, HBRSEP (w/o Attachments)
Attorney General (SC) (w/o Attachments)
Mr. S. K. Mitra, NRC, NRR (w/o Attachments)
Mr. R. L. Emch, NRC, NRR (w/o Attachments)
Mr. R. M. Gandy, Division of Radioactive Waste Management (SC) (w/o Attachments)
Westinghouse Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355 USA U.S. Nuclear Regulatory Commission Document Control Desk Washington, DC 20555-0001 Direct tel: (412) 374-5282 Directfax: (412) 374-4011 e-mail: Sepplha@westinghouse.com Our ref: CAW-03-1623 April 9, 2003 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE v
Subject:
WCAP-15628, 'Technical Justification for Eliminating Large Primary Loop Pipe Rupture as the Structural Design Basis for the H. B. Robinson Unit 2 Nuclear Power Plant for the License Renewal Program" (Proprietary)
WCAP-15363. Rev. 1, "A Demonstration of Applicability of ASME Code Case N-481 to the Primary Loop Pump Casings of H. B. Robinson Unit 2 for the License Renewal Program" (Proprietary)
The proprietary information for which withholding is being requested in the above-referenced reports is further identified in Affidavit CAW-03-1623 signed by the owner of the proprietary information, Westinghouse Electric Company LLC. The affidavit, which accompanies this letter, sets forth the basis on which the information may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10 CFR Section 2.790 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by Progress Energy.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-03-1623 and should be addressed to the undersigned.
Very truly yours, Regulatory and Licensing Engineering Enclosures cc: S. J. Collins G. Shukla/NRR A BNFL Group company
CAW-03-1623 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared H. A. Sepp, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Company LLC ("Westinghouse"), and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
H. A. Sepp, Man I
Regulatory and Licensing Engineering Sworn to and subscribed before me this day of z
2003 Notary Public NotaitlSeal Mnffl DOM
,&B29, 20d7 Of OtI7
..t 5e i-
~~Membw, Pennsylvria Assoatn of Ndafes
CAW-03-1 623 (1)
I am Manager, Regulatory and Licensing Engineering, in Nuclear Services, Westinghouse Electric Company LLC ("Westinghouse"), and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing and rule making proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Electric Company LLC.
(2)
I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.790 of the Commission's regulations and in conjunction with the Westinghouse application for withholding accompanying this Affidavit.
(3)
I have personal knowledge of the criteria and procedures utilized by the Westinghouse Electric Company LLC in designating information as a trade secret, privileged or as confidential commercial or financial information.
(4)
Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Commission's regulations, 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.
(ii)
The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse 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 substance of that system constitutes Westinghouse policy and provides the rational basis required.
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 2
CAW-03-1 623 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.
(f)
It contains patentable ideas, for which patent protection may be desirable.
There are sound policy reasons behind the Westinghouse system which include the following:
(a)
The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
(b)
It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.
(c)
Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.
3
CAW-03-1623 (d)
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 puzzle, thereby depriving Westinghouse of a competitive advantage.
(e)
Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.
(f)
The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
(iii)
The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.790, it is to be received in confidence 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 original manner or method to the best of our knowledge and belief.
(v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in WCAP-15628, "Technical Justification for Eliminating Large Primary Loop Pipe Rupture as the Structural Design Basis for the H. B. Robinson Unit 2 Nuclear Power Plant for the License Renewal Program" (Proprietary); WCAP-15363, Revision I, "A Demonstration of Applicability of ASME Code Case N-48 1 to the Primary Loop Pump Casings of the H. B. Robinson Unit 2 for the License Renewal Program" (Proprietary) dated July 2001 for H. B. Robinson Unit 2 Nuclear Power Plant, being transmitted by Progress Energy letter and Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk. The proprietary information as submitted for use by Westinghouse Electric Company LLC for H. B.
Robinson Unit 2 Nuclear Power Plant is expected to be applicable for other licensee submittals in response to certain NRC requirements for justification of Leak Before 4
5 CAW-03-1623 Break (LBB) application and a demonstration of applicability of ASME Code Case N-481 to primary loop pump casings. The proprietary information was provided by Westinghouse Electric Company LLC.
This information is part of that which will enable Westinghouse to:
(a) Provide documentation of the actual margins relative to flaw size.
(b) Provide the application of the methodology to determine LBB margins.
(c) Provide documentation of the ASME Code Case N-48 1 Demonstration Analysis.
(d) Assist the customer in obtaining NRC approval.
Further this information has substantial commercial value as follows:
(a)
The information reveals the distinguishing aspects of a method 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 process, 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.
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 products 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.
6 CAW-03-1623 The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.
In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended.
Further the deponent sayeth not.
CAW-03-1623 PROPRIETARY INFORMATION NOTICE Transmitted herewith are proprietary and/or non-proprietary versions of documents furnished to the NRC in connection with requests for generic and/or plant-specific review and approval.
In order to conform to the requirements of 10 CFR 2.790 of the Commission's regulations concerning the protection of proprietary information so submitted to the NRC, the information which is proprietary in the proprietary versions is contained within brackets, and where the proprietary information has been deleted in the non-proprietary versions, only the brackets remain (the information that was contained within the brackets in the proprietary versions having been deleted). The justification for claiming the information so designated as proprietary is indicated in both versions by means of lower case letters (a) through (f) located as a superscript immediately following the brackets enclosing each item of information being identified as proprietary or in the margin opposite such information. These lower case letters refer to the types of information Westinghouse customarily holds in confidence identified in Sections (4)(ii)(a) through (4)(ii)(f) of the affidavit accompanying this transmittal pursuant to 10 CFR 2.790(b)(1).
CAW 1623 COPYRIGHT NOTICE The reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copies of the information contained in these reports which are necessary for its internal use in connection with generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 2.790 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection notwithstanding. With respect to the non-proprietary versions of these reports, the NRC is permitted to make the number of copies beyond those necessary for its internal use which are necessary in order to have one copy available for public viewing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as may be required by NRC regulations if the number of copies submitted is insufficient for this purpose. Copies made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.