View source for ND-21-0084, (VEGP) Unit 3 - Affidavits of Brian H. Whitley & Zachary S. Harper

{{Adams
| number = ML21046A097
| issue date = 12/11/2020
| title = (VEGP) Unit 3 - Affidavits of Brian H. Whitley & Zachary S. Harper
| author name = Harper Z, Whitley B
| author affiliation = Southern Nuclear Operating Co, Inc, Westinghouse Electric Co, LLC
| addressee name = 
| addressee affiliation = NRC/NRR
| docket = 05200025
| license number = 
| contact person = 
| case reference number = CAW-20-5123, ND-21-0084
| package number = ML21046A095
| document type = Fuel Cycle Reload Report, Legal-Affidavit
| page count = 32
}}

=Text=
{{#Wiki_filter:Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-40 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-41 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-42 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-43 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-44 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-45 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-46 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-47 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-48 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-49 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-50 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-51 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-52 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-53 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-54 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-55 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-56 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-57 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-58 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-59 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-60 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-61 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-62 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-63 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CORE OPERATING LIMITS REPORT FOR VOGTLE UNIT 3 CYCLE 1 a,c SV3-GW-F1-001-NP Revision 2                                                                                                                        Page A-64 of 64
               *** This record was final approved on 12/14/2020 !il:21:(tll RM. (This statement was added by the PRIME system upon its validation)

Southern Nuclear Operating Company ND-21-0084 Enclosure 3 Vogtle Electric Generating Plant (VEGP) Unit 3 Affidavit from Southern Nuclear Operating Company for Withholding Under 10 CFR 2.390 (This Enclosure consists of 3 pages, including this cover page)

ND-21-0084 Affidavit from Southern Nuclear Operating Company for Withholding Under 10 CFR 2.390 Affidavit of Brian H. Whitley
: 1. My name is Brian H. Whitley. I am the Regulatory Affairs Director for Southern Nuclear Operating Company (SNC). I have been delegated the function of reviewing proprietary information sought to be withheld from public disclosure and am authorized to apply for its withholding on behalf of SNC.
: 2. I am making this affidavit on personal knowledge, in conformance with the provisions of 10 CFR Section 2.390 of the Commissions regulations, and in conjunction with Westinghouse Electric Company document SV3-GW-F1-001, Revision 2, Core Operating Limits Report (COLR) for the Vogtle Electric Generating Plant, Unit 3 Cycle 1. I have personal knowledge of the criteria and procedures used by SNC to designate information as a trade secret, privileged or as confidential commercial or financial information.
: 3. Based on the reason(s) at 10 CFR 2.390(a)(4), this affidavit seeks to withhold from public disclosure Enclosure 2 of SNC letter ND-21-0084 for Vogtle Electric Generating Plant (VEGP) Unit 3, Core Operating Limits Report, Cycle 1, Version 3.
: 4. The following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld.
: a. The information sought to be withheld from public disclosure has been held in confidence by SNC and Westinghouse Electric Company.
: b. The information is of a type customarily held in confidence by SNC and Westinghouse Electric Company and not customarily disclosed to the public.
: c. The release of the information might result in the loss of an existing or potential competitive advantage to SNC and/or Westinghouse Electric Company.
Page 2 of 3

ND-21-0084 Affidavit from Southern Nuclear Operating Company for Withholding Under 10 CFR 2.390
: d. Other reasons identified in Enclosure 4 of SNC letter ND-21-0084 for Vogtle Electric Generating Plant (VEGP) Units 3, Core Operating Limits Report, Cycle 1, Version 3, and those reasons are incorporated here by reference.
: 5. Additionally, release of the information may harm SNC because SNC has a contractual relationship with the Westinghouse Electric Company regarding proprietary information.
SNC is contractually obligated to seek confidential and proprietary treatment of the information.
: 6. 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.
: 7. To the best of my knowledge and belief, 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.
I declare under penalty of perjury that the foregoing is true and correct.
    --'--'g;..___,.._-n_..v)'----    _,_________ Executed on Brian H. Whitley Z/2 ;/z,,,
Date Page 3 of 3

Southern Nuclear Operating Company ND-21-0084 Enclosure 4 Vogtle Electric Generating Plant (VEGP) Unit 3 Westinghouse Application for Withholding Proprietary Information from Public Disclosure CAW-20-5123 and accompanying Affidavit (This Enclosure consists of 4 pages, including this cover page)

Westinghouse Non-Proprietary Class 3 CAW-20-5123 Page 1 of 3 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF BUTLER:
(1)        I, Zachary S. Harper, have been specifically delegated and authorized to apply for withholding and execute this Affidavit on behalf of Westinghouse Electric Company LLC (Westinghouse).
(2)        I am requesting the proprietary portions of SV3-GW-F1-001, Revision 2 Core Operating Limits Report (COLR) for the Vogtle Electric Generating Plant, Unit 3 Cycle 1, (Proprietary) be withheld from public disclosure under 10 CFR 2.390.
(3)        I have 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 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)     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.
*** This record was final approved on 12/14/2020 5:24:14 PM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CAW-20-5123 Page 2 of 3 AFFIDAVIT (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.
(f)        It contains patentable ideas, for which patent protection may be desirable.
(6)        The attached documents are bracketed and marked to indicate the bases for withholding. The justification for withholding 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
*** This record was final approved on 12/14/2020 5:24:14 PM. (This statement was added by the PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 CAW-20-5123 Page 3 of3 AFFIDAVIT lower case letters refer to the types of information Westinghouse customarily holds in confidence identified in Sections (5Xa) through (f) of this Affidavit.
I declare that the averments of fact set forth in this Affidavit are true and correct to the best of my knowledge, information, and belief.
I declare under penalty of perjury that the foregoing is true and correct.
S. Harper, Manager Licensing Engineering
*** This record was final approved on 12/14/2020 5:24:14 PM. (This statement was added by the PRIME system upon its validation)}}