SBK-L-06166, Proprietary Information to Support Response to Request for Additional Information Re License Amendment Request 05-08, Limited Inspection of Steam Generator Tube Portion within the Tubesheet.

Proprietary Information to Support Response to Request for Additional Information Re License Amendment Request 05-08, Limited Inspection of Steam Generator Tube Portion within the Tubesheet.

ML062220307
Person / Time
Site:	Seabrook
Issue date:	08/08/2006
From:	St.Pierre G Florida Power & Light Energy Seabrook
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
LAR-05-08, SBK-L-06166, TAC MC8554
Download: ML062220307 (13)

Text

FPL Energy Seabrook Station FPL Energy P.O. Box 300 Seabrook, NH 03874 Seabrook Station (603) 773-7000 August 8, 2006 Docket No. 50-443 SBK-L-06166 U. S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, D.C. 20555-0001 Seabrook Station Proprietary Information to Support Response to Request for Additional Information Regarding License Amendment Request 05-08, "Limited Inspection of the Steam Generator Tube Portion within the Tubesheet"

Reference:

FPL Energy Seabrook, LLC letter SBK-L-06157, Response to Request for Additional Information Regarding License Amendment Request 05-08, Limited Inspection of the Steam Generator Tube Portion within the Tubesheet, August 8, 2006.

FPL Energy Seabrook, LLC (FPL Energy Seabrook) letter SBK-L-06157 submitted the response to a request for additional information regarding License Amendment Request (LAR) 05-08.

LAR 05-08 proposed changes to Seabrook Station Technical Specification 4.4.5, "Steam Generators," to incorporate changes in the steam generator tube inspection scope commencing with the upcoming refueling outage 11 (OR 11).

The above referenced letter stated that some of the information required to support the response is considered proprietary by Westinghouse Electric Company LLC (Westinghouse) and, thus, a non-proprietary version of the Westinghouse analysis was included with the response submittal.

Additionally, the referenced letter stated that the proprietary information would be provided under separate cover.

The Westinghouse proprietary information in SG-SGDA-06-19 P, "Response to NRC Request for Additional Information License Amendment Request 05-08 Limited Inspection of the Steam Generator Tube Portion within the Tubesheet (TAC No. MC8554) Seabrook Station," dated July 5, 2006 is provided as Attachment 1.

As Attachment 1 contains information proprietary to Westinghouse, it is 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 Commission and addresses with specificity the considerations listed in paragraph (b) (4) of Section 2.390 of the Commission's regulations.

an FPL Group company

U. S. Nuclear Regulatory Commission SBK-L-06166 / Page 2 Accordingly, it is respectfully requested that the information proprietary to Westinghouse be withheld from public disclosure in accordance with 10 CFR Section 2.390 of the Commission's regulations. contains Westinghouse letter CAW-06-2173, "Application for Withholding Proprietary Information from Public Disclosure," with accompanying Affidavit, Proprietary Information Notice, and Copyright Notice.

Correspondence with respect to the copyright or proprietary aspects of SG-SGDA-06-19 P or supporting Westinghouse affidavit should reference CAW-06-2173 and should be addressed to J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing, Westinghouse Electric Company LLC, P.O. Box 355, Pittsburgh, Pennsylvania 15230-0355.

Should you have any questions concerning this correspondence, please contact Mr. Michael Ossing, Engineering Support Manager, at (603) 773-7512.

Very truly yours, FPL Energy Seabrook, LLC Gene St. Pierre Site Vice President Attachments (2) cc: S. J. Collins, NRC Region I Administrator G. E. Miller, NRC Project Manager, Project Directorate 1-2 G.T. Dentel, NRC Senior Resident Inspector Mr. Bruce G. Cheney, ENP, Director, Division of Emergency Services NH Department of Safety Division of Emergency Services, Communications, and Management Bureau of Emergency Management 33 Hazen Drive Concord, NH 03305 Oath and Affirmation I, Michael Kiley, Station Director of FPL Energy Seabrook, LLC hereby affirm that the supplemental information and statements contained herein to support the response to request for additional information regarding License Amendment Request 05-08 are based on facts and circumstances which are true and accurate to the best of my knowledge and belief.

Sworn and Subscribed Before m~ his,,,,

-- "64 42006 ic "Michael Kiley NotirVItublic cY' Station Director

U. S. Nuclear Regulatory Commission SBK-L-06166 ATTACHMENT 2 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE INCLUDING AFFIDAVIT, PROPRIETARY INFORMATION NOTICE, AND COPYRIGHT NOTICE

Westinghouse Electric Company

( Westinghouse Nudear Services P.O. Box 355 Pittsburgh. Pennsylvania 15230-0355 USA U.S. Nuclear Regulatory Commission Directtel: (412) 374-4419 Document Control Desk Directfax: (412) 374-4011 Washington, DC 20555-0001 e-mail: greshamjs@westdnghouse.com Our ref CAW-06-2173 July 5, 2006 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

SG-SGDA-06-19 P-Attachment, "Response to NRC Request for Additional Information on License Amendment Request 05-08 Limited Inspection of the Steam Generator Tube Portion Within the Tubesheet (TAC No. MC8554) Seabrook Station," dated July 5, 2006 (Proprietary)

The proprietary information for which withholding is being requested in the above-referenced report is further identified in Affidavit CAW-06-2173 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 (bX4) of 10 CFR Section 2.390 of the Commission's regulations.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by FPL Energy Seabrook LLC.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-06-2173, and should be addressed to JA. Gresham, Manager, Regulatory Compliance and Plant Licensing, Westinghouse Electric Company LLC, P.O. Box 355, Pittsburgh, Pennsylvania 15230-0355.

Very truly yo°,rs, J.A. Gresham, Manager Regulatory Compliance and Plant Licensing Enclosures cc: B. Benney, NRC A BNFL Group company

CAW-06-2173 bcc: B. F. Maurer (ECE 4-7) IL R. Bastien, IL (Nivelles, Belgium)

C. Brinkman, IL (Westinghouse Electric Co., 12300 Twinbrook Parkway, Suite 330, Rockville, MD 20852)

RCPL Administrative Aide (ECE 4-7A) IL, IA (letter and affidavit only)

G. W. Whiteman, Waltz Mill R. F. Keating, Waltz Mill H. 0. Lagally Waltz Mill N. R. Brown, Waltz Mill D.E. Peck, ECE 560G PJ. McDonough, ECE 520B A BNFL Group company

CAW-06-2173 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

55 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 S&4 day of

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2 ~CAW-06-2 173 (1) 1 am Manager, Regulatory Compliance and Plant Licensing, 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 Westinghouse.

(2) 1 am making this Affidavit in conformance with the provisions of 10 CFR Section 2.390 of the Commission's regulations and in conjunction with the Westinghouse "Application for Withholding" accompanying this Affidavit.

(3) 1have personal knowledge of the criteria and procedures utilized by Westinghouse in designating information as a trade secret, privileged or as confidential commercial or financial information.

(4) Pursuant to the provisions of paragraph (bX4) of Section 2.390 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

3 3 ~CAW-06-2 173 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.

(d) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If

4 CAW-06-2173 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 SG-SGDA-06-19 P-Attachment, "Response to NRC Request for Additional Information on License Amendment Request 05-0 Limited Inspection of the Steam Generator Tube Portion Within the Tubesheet (TAC No. MC8554) Seabrook Station," dated July 5, 2006 (Proprietary), for submittal to the Commission, being transmitted by FPL Energy Seabrook LLC Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk. The proprietary information as submitted for use by Westinghouse for Seabrook Station is expected to be applicable to other licensee submittals in support of implementing a limited inspection of the tube joint with a rotating probe within the tubesheet region of the steam generators and is provided in response to a NRC request for additional information on LTR-CDME-170-P, "Limited Inspection of the Steam Generator Tube Portion Within the Tubesheet at Seabrook Generating Station," August 2005.

5 CAW-06-2173 This information is part of that which will enable Westinghouse to:

(a) Obtain NRC approval of LTR-CDME-06-170-P, "Limited Inspection of the Steam Generator Tube Portion Within the Tubesheet at Seabrook Generating Station,"

August 2005.

(b) Provide documentation of the analyses, methods, and testing for the implementation of an alternate repair criteria for the portion of the tubes within the tubesheet of the Seabrook steam generators.

(c) Provide a primary-to-secondary side leakage evaluation for the Seabrook Generating Station steam generators during all plant conditions.

(d) Assist the customer to respond to NRC requests for information.

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.

(b) Westinghouse can sell support and defense of this information 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 licensing support documentation 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-06-2173 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 (4XiiXa) through (4)(iiXf) of the affidavit accompanying this transmittal pursuant to 10 CFR 2.390(bX 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.

U. S. Nuclear Regulatory Commission SBK-L-06166

• • • PROPRIETARY INFORMATION***

Not For Public Disclosure ATTACHMENT 1 WESTINGHOUSE SG-SGDA-06-19 P RESPONSE TO NRC REQUEST FOR ADDITIONAL INFORMATION LICENSE AMENDMENT REQUEST 0508 LIMITED INSPECTION of the STEAM GENERATOR TUBE PORTION WITHIN the TUBESHEET (TAC NO. MC8554)

SEABROOK STATION

• • • PROPRIETARY INFORMATION**

• Not For Public Disclosure