ML082040760

Request for Withholding Information from Public Disclosure - 7/9/08 Affidavit Executed by A. Reese, GNF-A; 6/23/08 Affidavit Executed by A. Lingenfelter, GNF-A LAR Core Operating Limits Report

ML082040760
Person / Time
Site:	Grand Gulf
Issue date:	08/13/2008
From:	Donohew J NRC/NRR/ADRO/DORL/LPLIV
To:	Entergy Operations
Donohew J N, NRR/DORL/LPL4, 415-1307
References
GNRO-2008/00053, TAC MD7493
Download: ML082040760 (5)

Text

August 13, 2008 Vice President, Operations Grand Gulf Nuclear Station Entergy Operations, Inc.

P. O. Box 756 Port Gibson, MS 39150

SUBJECT:

GRAND GULF NUCLEAR STATION, UNIT 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE ON THE GEXL97 CORRELATION LICENSE AMENDMENT REQUEST (TAC NO. MD7493)

Dear Sir or Madam:

By letter dated July 21, 2008 (GNRO-2008/00053, Agencywide Documents Access and Management System (ADAMS) Accession No. ML082070087), Entergy Operations, Inc. (EOI),

submitted two affidavits, executed by (1) Mr. Anthony P. Reese, Reload Licensing Manager, Fuel Engineering, and (2) Mr. Andrew A. Lingenfelter, Vice President, Fuel Engineering, of Global Nuclear Fuel-Americas, LLC ("GNF-A"), dated July 9 and June 23, 2008, respectively.

The two affidavits requested that certain information contained in the following two proprietary topical reports be withheld from public disclosure pursuant to Section 2.390 of Part 2, "Rules of practice for domestic licensing proceedings and issuance of orders," in Title 10 of the Code of Federal Regulations (10 CFR 2.390):

GNF S-0000-0086-4470P, "GE14 Thermal Hydraulic Compatibility With Grand Gulf Legacy Fuel," Revision 1, Class III, proprietary version, dated July 2008, Enclosure 3 to the above EOI letter dated July 21, 2008. (Reese affidavit)

NEDC-33383P, "GEXL97 Correlation Applicable to ATRIUM-10 Fuel," Revision 1, Class III, proprietary version, dated June 2008, Enclosure 1 to the above EOI letter dated July 21, 2008. (Lingenfelter affidavit)

Nonproprietary copies of the above two topical reports designated as non-proprietary versions, Class I, are Enclosures 2 and 4 to the above EOI letter dated July 21, 2008. These two topical reports are available to the public, and have been placed in the U.S. Nuclear Regulatory Commissions (NRC's) Public Document Room and added to the ADAMS Public Electronic Reading Room (ADAMS Accession Nos. ML082070089 and ML082070088, respectively).

In the above two affidavits executed by Mr. Reese and Mr. Lingenfelter, GNF-A stated that it considered the information designated proprietary in the above topical reports exempt from mandatory public disclosure for the following reason:

(3) In making this application for withholding of proprietary information of which it is the owner or licensee, GNF-A relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC Sec. 552(b)(4), and the Trade Secrets Act, 18 USC Sec. 1905, and NRC regulations 10 CFR 9.17(a)(4), and 2.390(a)(4) for "trade secrets" (Exemption 4). The material for which exemption from disclosure is here sought also qualify under the narrower definition of "trade secret", within the meanings assigned to those terms for purposes of FOIA

Exemption 4 in, respectively, Critical Mass Energy Project v. Nuclear Regulatory Commission, 975F2d871 (DC Cir. 1992), and Public Citizen Health Research Group v. FDA, 704F2d1280 (DC Cir. 1983).

Although the information designated proprietary in the above topical reports was identified in brackets with only the above number 3, the affidavit in accordance with 10 CFR 2.390(b)(1)(iii) listed the following specific reasons as the basis for withholding this information from public disclosure under 10 CFR 2.390:

(4)a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-A's competitors without license from GNF-A constitutes a competitive economic advantage over other companies.

(4)b. Information which, if used 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 of a similar product.

(8) The information identified in [the two topical reports] is classified as proprietary because it contains details of GNF-A's fuel design and licensing methodology.

The development of the methods used in these analyses, along with the testing, development and approval of the supporting methodology was achieved at a significant cost, on the order of several million dollars, to GNF-A or its licensor.

(9) Public disclosure of the information sought to be withheld is likely to cause substantial, harm to GNF-A's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of GNF-A's comprehensive BWR [boiling-water reactor] safety and technology base, and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation process. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods.

The research, development, engineering, analytical, and NRC review costs comprise a substantial investment of time and money by GNF-A.

The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.

GNF-A's competitive advantage will be lost if its competitors are able to use the results of the GNF-A experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.

The value of this information to GNF-A would be lost if the information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would

unfairly provide competitors with a windfall, and deprive GNF-A of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing and obtaining these very valuable analytical tools.

Although normally the designated numbers in the affidavit for the specific reasons given for withholding proprietary information from the public should be listed on each page containing such information in topical reports, the NRC staff concludes that marking the pages in the above two topical reports with the "3" and the listing of the specific reasons in the affidavit meets the marking requirements in 10 CFR 2.390(b)(1)(i).

We have reviewed the affidavit and the material designated as proprietary in the topical reports (1) GNF S-0000-0086-4470P, Revision 1, dated July 2008 and (2) NEDC-33383P, Revision 1, dated June 2008, Class III, proprietary version, in accordance with the requirements of 10 CFR 2.390 and, on the basis of the two affidavits and topical reports, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, the information marked as proprietary in topical reports (1) GNF S-0000-0086-4470P, Revision 1, dated July 2008 and (2) NEDC-33383P, Revision 1, dated June 2008, Class III, proprietary version, will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect these topical reports. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at 301-415-1307.

Sincerely,

/RA/

Jack Donohew, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-416 cc: See next page

unfairly provide competitors with a windfall, and deprive GNF-A of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing and obtaining these very valuable analytical tools.

Although normally the designated numbers in the affidavit for the specific reasons given for withholding proprietary information from the public should be listed on each page containing such information in topical reports, the NRC staff concludes that marking the pages in the above two topical reports with the "3" and the listing of the specific reasons in the affidavit meets the marking requirements in 10 CFR 2.390(b)(1)(i).

We have reviewed the affidavit and the material designated as proprietary in the topical reports (1) GNF S-0000-0086-4470P, Revision 1, dated July 2008 and (2) NEDC-33383P, Revision 1, dated June 2008, Class III, proprietary version, in accordance with the requirements of 10 CFR 2.390 and, on the basis of the two affidavits and topical reports, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, the information marked as proprietary in topical reports (1) GNF S-0000-0086-4470P, Revision 1, dated July 2008 and (2) NEDC-33383P, Revision 1, dated June 2008, Class III, proprietary version, will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect these topical reports. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at 301-415-1307.

Sincerely,

/RA/

Jack Donohew, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-416 cc: See next page DISTRIBUTION:

PUBLIC RidsNrrDssSnpb Resource RidsRgn4MailCenter Resource LPLIV r/f RidsNrrLAJBurkhardt AAttard, NRR/DSS/SNPB RidsAcrsAcnw_MailCTR Resource RidsNrrPMJDonohew RidsNrrDorlLpl4 Resource RidsOgcRp Resource ADAMS Accession No: ML082040760 OFFICE NRR/LPL4/PM NRR/LPL4/LA NRR/DSS/SNPB/BC NRR/LPL4/BC(A) NRR/LPL4/PM MThadani for NAME JDonohew JBurkhardt AMendiola JDonohew JDonohew DATE 07/25/08 7/24/08 08/11/08 8/13/08 8/13/08 OFFICIAL AGENCY RECORD

Grand Gulf Nuclear Station (7/2/2008) cc:

Senior Vice President Office of the Governor Entergy Nuclear Operations State of Mississippi P.O. Box 31995 Jackson, MS 39201 Jackson, MS 39286-1995 Attorney General Vice President, Oversight Department of Justice Entergy Nuclear Operations State of Louisiana P.O. Box 31995 P.O. Box 94005 Jackson, MS 39286-1995 Baton Rouge, LA 70804-9005 Senior Manager, Nuclear Safety President

& Licensing Claiborne County Entergy Nuclear Operations Board of Supervisors P.O. Box 31995 P.O. Box 339 Jackson, MS 39286-1995 Port Gibson, MS 39150 Senior Vice President Richard Penrod, Senior Environmental

& Chief Operating Officer Scientist/State Liaison Officer Entergy Operations, Inc. Office of Environmental Services P.O. Box 31995 Northwestern State University Jackson, MS 39286-1995 Russell Hall, Room 201 Natchitoches, LA 71497 Associate General Counsel Entergy Nuclear Operations Chief, Energy and Transportation Branch P.O. Box 31995 Environmental Compliance and Jackson, MS 39286-1995 Enforcement Division Mississippi Department of Environmental Manager, Licensing Quality Entergy Operations, Inc. P.O. Box 10385 Grand Gulf Nuclear Station Jackson, MS 39289-0385 P.O. Box 756 Port Gibson, MS 39150 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission State Health Officer 612 E. Lamar Blvd., Suite 400 State Health Board Arlington, TX 76011-4125 P.O. Box 1700 Jackson, MS 39215 Senior Resident Inspector U.S. Nuclear Regulatory Commission Attorney General P.O. Box 399 Asst. Attorney General Port Gibson, MS 39150 State of Mississippi P.O. Box 22947 Jackson, MS 39225-2947