View source for NL-08-0015, Correction to Information Contained in Request to Change Licensed Maximum Power Level

{{Adams
| number = ML080240086
| issue date = 01/18/2008
| title = Correction to Information Contained in Request to Change Licensed Maximum Power Level
| author name = Stinson L
| author affiliation = Southern Nuclear Operating Co, Inc
| addressee name = 
| addressee affiliation = NRC/Document Control Desk, NRC/NRR
| docket = 05000424, 05000425
| license number = 
| contact person = 
| case reference number = NL-08-0015
| document type = Legal-Affidavit, Letter type:NL
| page count = 17
}}

=Text=
{{#Wiki_filter:L.M. Stinson (Mike)         Southern Nuclear Vice President              Operating Company, Inc.
Fleet Operations Support    40 Inverness Center Parkway Post Office Box 1295 Birmingham, Alabama 35201 Tel 205.992.5181 Fax 205.992.0341 SOUTHERN  -COMPANY January 18, 2008                                                    Energy to Serve Your Worlds" Docket Nos.:         50-424                                           NL-08-0015 50-425 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D. C. 20555-0001 Vogtle Electric Generating Plant Correction to Information Contained in Request to Change Licensed Maximum Power Level Ladies and Gentlemen:
On August 28, 2007, Southern Nuclear Operating Company (SNC) submitted a request to change the Maximum Power Level in paragraph 2.C(1) of the Vogtle Electric Generating Plant (VEGP) Facility Operating Licenses NPF-68 and NPF-81 for Unit 1 and Unit 2, respectively.
Enclosures 6 and 7 in the August 2007 submittal contain the Caldon uncertainty analyses for thermal power determination for Unit 1 and Unit 2, respectively.
During the review of the enclosures, the NRC identified to SNC that, in Appendix D of both enclosures, an incorrect value was used for the contribution of the feedwater enthalpy/temperature uncertainty to the overall thermal power measurement uncertainty. Specifically, item 16 in Table D-1 (both columns) and Item 6 in Table D-2 in Appendix D of the enclosures contain a value of +/-0.07 percent for the feedwater enthalpy/temperature uncertainty. This value was based on the calculation shown on page 20 of Appendix D of the enclosures.
The inputs to the calculation are correct; however, the final result was stated as
 +/-0.072 percent instead of the correct value of +/-0.082 percent.
The change in the feedwater enthalpy/temperature uncertainty results in an increase in the thermal power measurement uncertainty of approximately
 +/-0.003 percent. The final result remains unchanged, i.e., the final thermal power uncertainty remains at +/-0.30 percent for the Caldon leading edge flow-meter (LEFM) CheckPlus system in "normal" mode for Unit 1 and Unit 2. For the
."maintenance" mode, the uncertainty increases from +/-0.45 percent to +/-0.46 percent for Unit 1 and the uncertainty of +/- 0.46 percent remains unchanged for Unit 2. The "normal" mode uncertainty is the basis for the proposed maximum power level increase of 1.7 percent. There is no impact to any other uncertainty calculation/value in the Caldon uncertainty analyses for thermal power determination for Unit 1 and Unit 2 as a result of the correction to the feedwater enthalpy/temperature uncertainty value.
A4~

U. S. Nuclear Regulatory Commission NL-08-0015 Page 2 In addition, this correction does not alter the results and conclusions of any of the analyses and evaluations presented in the SNC August 28, 2007 request to change the VEGP Unit 1 and Unit 2 Maximum Power Levels.
Enclosures 1 and 2 of this letter contain revised Caldon power measurement uncertainty analysis reports for Unit 1 and Unit 2, respectively. Enclosures 1 and 2 contain proprietary information. These enclosures also contain applications for withholding by Cameron International Corporation, the owner of the information.
The affidavits set forth the basis upon 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 2.390 of the Commission's regulations. Accordingly, it is respectfully requested that the information, which is proprietary to Cameron, be withheld from public disclosure in accordance with 10 CFR 2.390 of the Commission's regulations. The applications for withholding proprietary information, along with affidavits CAW-08-01 and CAW-08-02, are contained in Enclosures 1 and 2, respectively.
Mr. L. M. Stinson states he is a Vice President of Southern Nuclear Operating Company, is authorized to execute this oath on behalf of Southern Nuclear Operating Company and to the best of his knowledge and belief, the facts set forth in this letter are true.
This letter contains no NRC commitments. If you have any questions, please advise.
Respectfully submitted, SOUTHERN NUCLEAR OPERATING COMPANY                                                   (Z; L. M. Stinson Vice President Fleet Operations Support Sworn to and subscribedbefore me thisy/*006- day of          IT,4 n               , 2008.
Notary Public My commission expires: J. /              '/)
LMS/DRG/daj

U. S. Nuclear Regulatory Commission NL-08-0015 Page 3

==Enclosures:==
: 1. Revised Caldon Uncertainty Analysis Report for Unit 1 (Proprietary) with Affidavit and Application for Withholding Proprietary Information
: 2. Revised Caldon Uncertainty Analysis Report for Unit 2 (Proprietary) with Affidavit and Application for Withholding Proprietary Information cc:   Southern Nuclear Operatingq Company Mr. J. T. Gasser, Executive Vice President Mr. T. E. Tynan, Vice President - Vogtle Mr. D. H. Jones, Vice President - Engineering RType: CVC7000 U. S. Nuclear Regulatory Commission Mr. V. M. McCree, Acting Regional Administrator Mr. S. P. Lingam, NRR Project Manager - Vogtle Mr. G. J. McCoy, Senior Resident Inspector - Vogtle State of Georgia Mr. N. Holcomb, Commissioner - Department of Natural Resources

Vogtle Electric Generating Plant Correction to Information Contained in Request to Change Licensed Maximum Power Level Enclosure 1 Affidavit CAW 08-01 with Application for Withholding Proprietary Information and Caldon Ultrasonics ER-477 Rev. 6 "Bounding Uncertainty Analysis for Thermal Power Determination at Vogtle Electric Generating Plant Unit I Using the LEFM ,+ System" (Proprietary)

Measurement Systems Caldon Ultrasonics Technology Center 1000 McClaren Woods Drive Coraopolis, PA 15108 Tel 724-273-9300 Fax 724-273-9301 www.c-a-m.com January 2, 2008 CAW 08-01 Document Control Desk U. S. Nuclear Regulatory Commission Washington, DC 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

==Subject:==
Caldon Ultrasonics ER-477 Rev. 6 "Bounding Uncertainty Analysis for Thermal Power Determination at Vogtle Electric Generating Plant Unit 1 Using the LEFM            +
System" Gentlemen:
This application for withholding is submitted by Cameron International Corporation, a Delaware Corporation (herein called "Cameron") on behalf of its operating unit, Caldon Ultrasonics Technology Center, pursuant to the provisions of paragraph (b)(1) of Section 2.390 of the Commission's regulations. It contains trade secrets and/or commercial information proprietary to Camneron and customarily held in confidence.
The proprietary information for which withholding is being requested is identified in the subject submittal. In conformance with 10 CFR Section 2.390, Affidavit CAW 08-01 accompanies this application for withholding setting forth the basis on which the identified proprietary information may be withheld from public disclosure.
Accordingly, it is respectfully requested that the subject information, which is proprietary to Cameron, be withheld from public disclosure in accordance with 10 CFR Section 2.390 of the Commission's regulations.
Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW 08-01 and should be addressed to the undersigned.
Very truly yours, Calvin R. Hastin s General Manager Enclosures (Only upon separation of the enclosed confidential material should this letter and affidavit be released.)

January 2, 2008 CAW 08-01 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
SS COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Calvin R. Hastings, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Cameron International Corporation, a Delaware Corporation (herein called "Cameron") on behalf of its operating unit, Caldon Ultrasonics Technology Center, and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
Calvin R. Hastings General Manager Sworn to and subscribed before me this    *      .      day of
                              ,2008 Not~ry Public COMMONWEALTH OF PENNSYLVANIA Not    Seal Joann B. Thomas, Notary Public Fnlay Twp.. 4Nkewny County My Con'rdsslon Expires July 28,2011 Member, Pennsylvania AMsociation of Notaries
: 1. I am the General Manager of Caldon Ultrasonics Technology Center, 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 rulemaking proceedings, and am authorized to apply for its withholding on behalf of Cameron.
: 2. 1 am making this Affidavit in conformance with the provisions of IOCFR Section 2.390 of the Commission's regulations and in conjunction with the Cameron application for withholding accompanying this Affidavit.
: 3. I have personal knowledge of the criteria and procedures utilized by Cameron in designating information as a trade secret, privileged or as confidential commercial or financial information. The material and information provided herewith is so designated by Cameron, in accordance with those criteria and procedures, for the reasons set forth below.
: 4. Pursuant to the provisions of paragraph (b) (4) 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 Cameron.
(ii)  The information is of a type customarily held in confidence by Cameron and not customarily disclosed to the public. Cameron 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 Cameron policy and provides the rational basis required. Furthermore, the information is submitted voluntarily and need not rely on the evaluation of any rational basis.

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 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 Cameron's competitors without license from Cameron 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, and assurance of quality, or licensing a similar product.
(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Cameron, its customer or suppliers.
(e) It reveals aspects of past, present or future Cameron or customer funded development plans and programs of potential customer value to Cameron.
(f) It contains patentable ideas, for which patent protection may be desirable.
There are sound policy reasons behind the Cameron system, which include the following:
(a) The use of such information by Cameron gives Cameron a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Cameron competitive position.

(b) It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Cameron ability to sell products or services involving the use of the information.
(c) Use by our competitor would put Cameron 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 Cameron of a competitive advantage.
(e) Unrestricted disclosure would jeopardize the position of prominence of Cameron in the world market, and thereby give a market advantage to the competition of those countries.
(f) The Cameron 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 IOCFR 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 manner or method to the best of our knowledge and belief.

(v)   The proprietary information sought to be withheld is the submittal titled Caldon Ultrasonics ER-477 Rev. 6 "Bounding Uncertainty Analysis for Thermal Power Determination at Vogtle Electric Generating Plant Unit 1 Using the LEFM / +
System" and is designated therein in accordance with 10 CFR &sect;&sect; 2.390(b)(1)(i)(A,B),
with the reason(s) for confidential treatment noted in the submittal and further described in this affidavit. This information is voluntarily submitted for use by the NRC Staff in their review of the accuracy assessment of the proposed methodology for LEFM CheckPlus Systems used by Vogtle Electric Generating Plant Unit 1 for an MUR UPRATE.
Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Cameron because it would enhance the ability of competitors to provide similar flow and temperature measurement systems 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 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 Cameron effort and the expenditure of a considerable sum of money.
In order for competitors of Cameron to duplicate this information, similar products would have to be developed, similar technical programs would have to be performed, and a significant manpower effort, having the requisite talent and experience, would have to be expended for developing analytical methods and receiving NRC approval for those methods.
Further the deponent sayeth not.

Vogtle Electric Generating Plant Correction to Information Contained in Request to Change Licensed Maximum Power Level Enclosure 2 Affidavit CAW 08-02 with Application for Withholding Proprietary Information and Caldon Ultrasonics ER-586 Rev. 2 "Bounding Uncertainty Analysis for Thermal Power Determination at Vogtle Electric Generating Plant Unit 2 Using the LEFM 1+ System" (Proprietary)

Measurement Systems Caldon Ultrasonics Technology Center 1000 McClaren Woods Drive Coraopolis, PA 15108 Tel 724-273-9300 Fax 724-273-9301 CAM ERON                                                    www.c-a-m.com January 2, 2008 CAW 08-02 Document Control Desk U. S. Nuclear Regulatory Commission Washington, DC 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

==Subject:==
Caldono Ultrasonics ER-586 Rev. 2 "Bounding Uncertainty Analysis for Thermal Power Determination at Vogtle Electric Generating Plant Unit 2 Using the LEFM,( +
System" Gentlemen:
This application for withholding is submitted by Cameron International Corporation, a Delaware Corporation (herein called "Cameron") on behalf of its operating unit, Caldon Ultrasonics Technology Center, pursuant to the provisions of paragraph (b)(1) of Section 2.390 of the Commission's regulations. It contains trade secrets and/or commercial information proprietary to Cameron and customarily held in confidence.
The proprietary information for which withholding is being requested is identified in the subject submittal. In conformance with 10 CFR Section 2.390, Affidavit CAW 08-02 accompanies this application for withholding setting forth the basis on which the identified proprietary information may be withheld from public disclosure.
Accordingly, it is respectfully requested that the subject information, which is proprietary to Cameron, be withheld from public disclosure in accordance with 10 CFR Section 2.390 of the Commission's regulations.
Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW 08-02 and should be addressed to the undersigned.
Very truly yours, Calvin R. Hastings General Manager Enclosures (Only upon separation of the enclosed confidential material should this letter and affidavit be released.)

January 2, 2008 CAW 08-02 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Calvin R. Hastings, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Cameron International Corporation, a Delaware Corporation (herein called "Cameron") on behalf of its operating unit, Caldon Ultrasonics Technology Center, and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief-Calvin R. Hastings' General Manager Sworn to and subscribed before me this .                day of
                              ,2008 Notfary Public COMMONWEALTH OF PENNSYLVANIA Notaria Seal Joam B.Thomas, Notay PubRc Fmdlay Tw.o. aeughny Cout My Commission Eres JuLy 28,2011 Member, Pennsylvania Association of Notaries
: 1. 1 am the General Manager of Caldon Ultrasonics Technology Center, 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 rulemaking proceedings, and am authorized to apply for its withholding on behalf of Cameron.
: 2. I am making this Affidavit in conformance with the provisions of IOCFR Section 2.390 of the Commission's regulations and in conjunction with the Cameron application for withholding accompanying this Affidavit.
: 3. I have personal knowledge of the criteria and procedures utilized by Cameron in designating information as a trade secret, privileged or as confidential commercial or financial information. The material and information provided herewith is so designated by Cameron, in accordance with those criteria and procedures, for the reasons set forth below.
: 4. Pursuant to the provisions of paragraph (b) (4) 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 Cameron.
(ii)  The information is of a type customarily held in confidence by Cameron and not customarily disclosed to the public. Cameron 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 Cameron policy and provides the rational basis required. Furthermore, the information is submitted voluntarily and need not rely on the evaluation of any rational basis.

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 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 Cameron's competitors without license from Cameron 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, and assurance of quality, or licensing a similar product.
(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Cameron, its customer or suppliers.
(e) It reveals aspects of past, present or future Cameron or customer funded development plans and programs of potential customer value to Cameron.
(i) It contains patentable ideas, for which patent protection may be desirable.
There are sound policy reasons behind the Cameron system, which include the following:
(a) The use of such information by Cameron gives Cameron a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Cameron competitive position.

(b) It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Cameron ability to sell products or services involving the use of the information.
(c) Use by our competitor would put Cameron 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 Cameron of a competitive advantage.
(e) Unrestricted disclosure would jeopardize the position of prominence of Cameron in the world market, and thereby give a market advantage to the competition of those countries.
(f) The Cameron 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 I OCFR 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 manner or method to the best of our knowledge and belief.

(v)   The proprietary information sought to be withheld is the submittal titled Caldon Ultrasonics ER-586 Rev. 2 "Bounding Uncertainty Analysis for Thermal Power Determination at Vogtle Electric Generating Plant Unit 2 Using the LEFM V +
System" and is designated therein in accordance with 10 CFR &sect;&sect; 2.390(b)(1)(i)(A,B),
with the reason(s) for confidential treatment noted in the submittal and further described in this affidavit. This information is voluntarily submitted for use by the NRC Staff in their review of the accuracy assessment of the proposed methodology for LEFM CheckPlus Systems used by Vogtle Electric Generating Plant Unit 2 for an MUR UPRATE.
Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Cameron because it would enhance the ability of competitors to provide similar flow and temperature measurement systems 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 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 Cameron effort and the expenditure of a considerable sum of money.
In order for competitors of Cameron to duplicate this information, similar products would have to be developed, similar technical programs would have to be performed, and a significant manpower effort, having the requisite talent and experience, would have to be expended for developing analytical methods and receiving NRC approval for those methods.
Further the deponent sayeth not.}}