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{{Adams
#REDIRECT [[NG-16-0055, Resubmittal of Affidavit Submitted with Response to Request for Additional Information, License Amendment Request (TSCR-144) to Revise and Relocate Pressure and Temperature Limit Curves to a Pressure and Temperature Limits Report - MF6617]]
| number = ML16076A208
| issue date = 03/11/2016
| title = Duane Arnold, Resubmittal of Affidavit Submitted with Response to Request for Additional Information, License Amendment Request (TSCR-144) to Revise and Relocate Pressure and Temperature Limit Curves to a Pressure and Temperature Limits Rep
| author name = Vehec T A
| author affiliation = NextEra Energy Duane Arnold, LLC
| addressee name =
| addressee affiliation = NRC/Document Control Desk, NRC/NRR
| docket = 05000331
| license number = DPR-049
| contact person =
| case reference number = NG-16-0055, TAC MF6617
| document type = Letter, Response to Request for Additional Information (RAI)
| page count = 7
| project = TAC:MF6617
| stage = Response to RAI
}}
 
=Text=
{{#Wiki_filter:N~x~eraEnclosure 3 Contains Proprietary InformationWithhold Enclosure 3 from Public Disclosure in Accordance with 10 CFR 2.390March 11,2016NG-1 6-005510 CFR 50.90U. S. Nuclear Regulatory CommissionATTN: Document Control DeskWashington, DC 20555-0001Duane Arnold Energy CenterDocket No. 50-331Renewed Op. License No. DPR-49Resubmittal of Affidavit Submitted with Response to Request for AdditionalInformation. License Amendment Request (TSCR-144) to Revise and RelocatePressure and Temperature Limit Curves .to a Pressure and Temperature LimitsReport -MF6617
 
==References:==
: 1) License Amendment Request (TSCR-144) to Revise andRelocate Pressure and Temperature Limit Curves to a Pressureand Temperature Limits Report. NG-15-0235, dated July 30,2015 ('ML15253A310 and ML15253A311)2) Electronic Communication, Request for Additional Information,License Amendment Request to Revise and Relocate Pressureand Temperature limit curves to a Pressure and TemperatureLimit Report- MF6617, dated January 21, 20163) Letter, Vehec (NextEra) to U. S. NRC, Response to Request for-Additional Information, License Amendment Request (TSCR-1 44)to Revise and Relocate Pressure and Temperature Limit Curves*to a Pressure and Temperature Limits Report, NG-16-0042, datedFebruary 19. 2016IEnclosure 3 transmitted herewith contains Proprietary Information.When separated from Enclosure 3, this document is decontrolled.NextEra Energy Duane Arnold, LLC, 3277 DAEC Road, Palo, IA 52324 Document Control DeskNG-1 6-0055Page 2 of 2In the Reference 1 letter, NextEra Energy Duane Arnold, LLC (hereafter NextEraEnergy Duane Arnold) submitted a License Amendment Request for the DuaneArnold Energy Center (DAEC) pursuant to 10 CFR 50.90. Subsequently, theNRC Staff requested, via Reference 2, additional information regarding that.application.The requested information was provided via Reference 3. The NRCsubsequently requested that the affidavit and proprietary information enclosedwith Reference 3 be resubmitted with administrative revisions. The Enclosuresto this letter resubmit the affidavit and proprietary information with thoserevisions incorporated.This additional information does not impact the 10 CFR 50.92 evaluation of "NoSignificant Hazards Consideration" previously provided in the Reference 1application.This letter does not contain any new commitments or change any existingcommitments.If you have any questions or require additional information, please contactJ. Michael Davis at 319-851-7032.I declare under penalty of perjury that the foregoing is true and correct.Eeueon March 11, 2016T. A. VehecVice President, Duane Arnold Energy CenterNextEra Energy Duane Arnold, LLCEnclosure 1: Redacted Non-Proprietary BWRVIP-135 SectionsEnclosure 2: EPRI Affidavit for Withholding Proprietary Information From thePublicEnclosure 3: Proprietary BWRVIP-1 35 Sectionscc: NRC Regional AdministratorNRC Resident InspectorNRC Project ManagerA. Leek (State of Iowa)Enclosure 3 transmitted herewith contains Proprietary Information.When separated from Enclosure 3, this document is decontrolled. to NG-16-0055EPRI Affidavit for Withhold inqi Proprietary Information From the Public4 pages follow RESEARCH INSTITUTENEIL WILMSHURSTVice President andChief Nuclear OfficerRef. EPRI Project Number 669March 3, 2016Document Control DeskOffice of Nuclear Reactor RegulationU.S. Nuclear Regulatory CommissionWashington, DC 20555-0001
 
==Subject:==
Request for Withholding of the following Proprietary Information Included in:FPL Energy Duane Arnold, LLC, Duane Arnold Energy Center Submittal to the NRC for "Response to Requestfor Additional Information -LAR to Revise and Relocate Pressure and Temperature Limit Curves to a Pressureand Temperature Limits Report -MF6617," Enclosure 4, Nextera Energy Duane Arnold Response to EVIB RAI-l with Proprietary EPRI BWRVIP-1 35 Rev 3 Sections, "BWR Vessel and Internals Project, IntegratedSurveillance Program (ISP) Data Source Book and Plant Evaluations, 3002003144, Technical Report,December 2014"To Whom It May Concern:This is a request under 10 C.F.R. §2.390(a)(4) that the U.S. Nuclear Regulatory Commission ("NRC") withholdfrom public disclosure the report identified in the enclosed Affidavit consisting of the proprietary information ownedby Electric Power Research Institute, Inc. ("EPRr') identified in the attached report. Proprietary and non-proprietary versions of the Response and the Affidavit in support of this request are enclosed.EPRI desires to disclose the Proprietary Information in confidence to assist the NRC review of the enclosedsubmittal to the NRC by FPL Energy Duane Arnold. The Proprietary Information is not to be divulged to anyoneoutside of the NRC or to any of its contractors, nor shall any copies be made of the Proprietary Informationprovided herein. EPRI welcomes any discussions and/or questions relating to the information enclosed.If you have any questions about the legal aspects of this request for withholding, please do not hesitate to contactme at (704) 595-2732. Questions on the content of the Report should be directed to Andy McGehee of EPRI at(704) 502-6440.Sincerely,Attachment(s)c: Sheldon Stuchell, NRC (sheldon .stucheil@nrc.gov)Together ...Shaping the Future of Electricity1300 West W.T. Harris Boulevard, Charlotte, NC 28262-8550 USA
* 704.595.2732
* Mobile 704.490.2653
* nwilrnshurst@epri.com IRESEARCH INSTITUTEAFFIDAVITRE: Request for Withholding of the Following Proprietary Information Included In:FPL Energy Duane Arnold, LLC, Duane Arnold Energy Center Submittal to the NRC for "Response toRequest for Additional Information -LAR to Revise and Relocate Pressure and Temperature Limit Curvesto a Pressure and Temperature Limits Report -MF6617," Enclosure 4, Nextera Energy Duane ArnoldResponse to EVIB RAI-1 with Proprietary EPRI BWRVIP-135 Rev 3 Sections, "BWR Vessel and InternalsProject, Integrated Surveillance Program (ISP) Data Source Book and Plant Evaluations, 3002003144,Technical Report, December 2014"I, Neil Wilmshurst, being duly sworn, depose and state as follows:I am the Vice President and Chief Nuclear Officer at Electric Power Research Institute, Inc. whoseprincipal office is located at 1300 W WT Harris Blvd, Charlotte, NC. ("EPRI") and I have been specificallydelegated responsibility for the above-listed report that contains EPRI Proprietary Information that is soughtunder this Affidavit to be withheld "Proprietary Information'. I am authorized to apply to the U.S. NuclearRegulatory Commission ("NRC") for the withholding of the Proprietary Information on behalf of EPRI.EPRI Proprietary Information is identified in the above referenced report by a solid underline insidedouble brackets. An example of such identification is as follows:{fThis sentence is an example.{E}}}Tables containing EPRI Proprietary Information are identified with double brackets before and after theobject. In each case the superscript notation {E} refers to this affidavit and all the bases included below,which provide the reasons for the proprietary determination.EPRI requests that the Proprietary Information be withheld from the public on the following bases:Withholding Based Upon Privileged And Confidential Trade Secrets Or Commercial Or FinancialInformation (see e.g., 10 C.F.R. § 2.390(a)(4):a. The Proprietary Information is owned by EPRI and has been held in confidence byEPRI. All entities accepting copies of the Proprietary Information do so subject to written agreementsimposing an obligation upon the recipient to maintain the confidentiality of the Proprietary Information. TheProprietary Information is disclosed only to parties who agree, in writing, to preserve the confidentialitythereof.b. EPRI considers the Proprietary Information contained therein to constitute tradesecrets of EPRI. As such, EPRI holds the Information in confidence and disclosure thereof is strictly limitedto individuals and entities who have agreed, in writing, to maintain the confidentiality of the Information.
: c. The information sought to be withheld is considered to be proprietary for thefollowing reasons. EPRI made a substantial economic investment to develop the Proprietary Information and,by prohibiting public disclosure, EPRI derives an economic benefit in the form of licensing royalties and otheradditional fees from the confidential nature of the Proprietary Information. If the Proprietary Information werepublicly available to consultants and/or other businesses providing services in the electric and/or nuclearpower industry, they would be able to use the Proprietary Information for their own commercial benefit andprofit and without expending the substantial economic resources required of EPRI to develop the ProprietaryInformation.d. EPRI's classification of the Proprietary Information as trade secrets is justified bythe Uniform Trade Secrets Act which California adopted in 1984 and a version of which has been adoptedby over forty states. The California Uniform Trade Secrets Act, California Civil Code §§3426 -3426.11,defines a "trade secret" as follows:"'Trade secret' means information, including a formula, pattern, compilation,program device, method, technique, or process, that:(1) Derives independent economic value, actual or potential, from not beinggenerally known to the public or to other persons who can obtain economicvalue from its disclosure or use; and(2)lIs the subject of efforts that are reasonable under the circumstances tomaintain its secrecy."e. The Proprietary Information contained therein are not generally known or availableto the public. EPRI developed the Information only after making a determination that the ProprietaryInformation was not available from public sources. EPRI made a substantial investment of both money andemployee hours in the development of the Proprietary Information. EPRI was required to devote theseresources and effort to derive the Proprietary Information. As a result of such effort and cost, both in termsof dollars spent and dedicated employee time, the Proprietary Information is highly valuable to EPRI.f. A public disclosure of the Proprietary Information would be highly likely to causesubstantial harm to EPRI's competitive position and the ability of EPRI to license the Proprietary Informationboth domestically and internationally. The Proprietary Information can only be acquired and/or duplicated byothers using an equivalent investment of time and effort.I have read the foregoing and the matters stated herein are true and correct to the best of my knowledge,information and belief. I make this affidavit under penalty of perjury under the laws of the United States ofAmerica and under the laws of the State of North Carolina.
Executed at 1300 W WT Harris Blvd being the premises and place of business of Electric Power ResearchInstitute, Inc.Date: ,f , Neil Wilmshurst(State of North Carolina)(County of Mecklenburg)Subscribed and sworn to (or affirmed) before me on this of /' ,A by__________________________, proved to me on the basis of satisfactory evidence tobe the person(s) who appeared before me.Signature Io. (Seal)My Commission Expires of ,20/_,6
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