SBK-L-04052, Re-submittal of Proprietary Information to Support License Amendment Request 04-03, Application for Stretch Power Uprate

Re-submittal of Proprietary Information to Support License Amendment Request 04-03, Application for Stretch Power Uprate

ML042660157
Person / Time
Site:	Seabrook
Issue date:	09/13/2004
From:	Warner M Florida Power & Light Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
NYN-04017, SBK-L-04052, WCAP-16223-P
Download: ML042660157 (9)

Text

FPL Energy Seabrook Station FPL Energy P.O. Box 300 Seabrook, NH 03874 Seabrook Station (603) 773-7000 SEP 13 2004 Docket No. 50-443 SBK-L-04052 U. S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, D.C. 20555-0001 Re-submittal of Proprietary Information to Support License Amendment Request 04-03, "Application for Stretch Power Uprate"

Reference:

FPL Energy Seabrook, LLC letter NYN-04017, "Proprietary Information to Support License Amendment Request 04-03, Application for Stretch Power Uprate," dated March 17, 2004 FPL Energy Seabrook, LLC letter NYN-04017 submitted proprietary information contained in WCAP-16223-P, "Seabrook Station Stretch Power Uprate Project NSSS Licensing Report Supplemental Information," dated February 2004 along with an application for withholding proprietary information from public disclosure. The proprietary information and application are being resubmitted due to an incorrect date in the Westinghouse affidavit notary stamp. The information contained in the WCAP is unchanged. This submittal supersedes the proprietary information submitted in the referenced letter on March 17, 2004 (NYN-04017).

WCAP-16223-P is provided as Enclosure I to this letter. The application for withholding proprietary information from public disclosure, including an affidavit in conformance with the provisions of 10 CFR 2.390 for withholding proprietary information, is contained in Enclosure 2.

Should you have any questions concerning this matter, please contact Mr. Stephen T. Hale, Power Uprate Project Manager, at (603) 773-7561.

Very truly yours, FPL Energy Seabrook, LLC M kE.Wamer Site Vice President an FPL Group company

U. S. Nuclear Regulatory Commission SBK-L-04052 / Page 2 cc: S. J. Collins, NRC Region I Administrator S. P. Wall, NRC Project Manager, Project Directorate I-2 G. T. Dentel, NRC Resident Inspector Mr. Bruce Cheney, Director New Hampshire Bureau of Emergency Management State Office Park South 107 Pleasant Street Concord, NH 03301-3809

U. S. Nuclear Regulatory Commission SBK-L-04052 / Page 3 Oath and Affirmation I, Mark E. Warner, Site Vice President of FPL Energy Seabrook, LLC hereby affirm that the information and statements contained within this submittal are based on facts and circumstances which are true and accurate to the best of my knowledge and belief.

Sworn and Subscribed Before me this 13 day of Se4- - 2004 Mark E. Warner Notary Public Site Vice President to SBK-L-04052 CAW-04-1 876 August 12,2004 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

Ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared J. A. Gresham, 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:

J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Sworn to and subscribed before me this /3 day of .2004 Notary Public Notarial Seal Sharon L Rori, Notary Pbific Mon BroneghenyC WM Comfton EBres J2na 29,2007 Member. Pennsytvania Assocation Of Notares

3 CAW-04-1 876 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.

(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 2.390, 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 report WCAP-1 6223-P, "Seabrook Station Stretch Power Uprate Project NSSS Licensing Report Supplemental Information" (Proprietary) dated February 2004 being transmitted by the FPL Energy letter and Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk. The proprietary information as submitted by Westinghouse Electric Company, LLC for Seabrook Station Stretch Power Uprate is expected to be applicable for other licensee submittals in response to certain NRC requirements for justification of plant power uprating.

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

(a) Provide information in support of plant power uprate licensing submittals.

(b) Provide plant specific calculations.

(c) Provide licensing documentation support for customer submittals.

Further this information has substantial commercial value as follows:

(a) Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for licensing documentation associated with power uprate licensing submittals.

4 CAW-04-1 876 (b) Westinghouse can sell support and defense of the technology to its customers in the licensing process.

(c) The information requested to be withheld reveals the distinguishing aspects of a methodology which was developed by Westinghouse.

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 calculations, evaluations, analysis 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.

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.

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 2.390 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 2.390(b)(1).

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 2.390 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.