ML17018A151

Submittal of Pressure and Temperature Limits Report, Revision 1

ML17018A151
Person / Time
Site:	Cooper
Issue date:	01/09/2017
From:	Shaw J Nebraska Public Power District (NPPD)
To:	Document Control Desk, Office of Nuclear Reactor Regulation
Shared Package
ML17018A177	List: ML17018A151 ML17018A152 ML17018A153
References
Download: ML17018A151 (8)

Text

PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CFR 2.390 Nebraska Public Power District Always theTe when you need us NLS2017003 v January 9, 2017 U.S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, D.C. 20555-0001

Subject:

Pressure and Temperature Limits Report, Revision 1 Cooper Nuclear Station, Docket No. 50-298, License No. DPR-46

Dear Sir or Madam:

The purpose of this letter is for the Nebraska Public Power District to provide to the Nuclear Regulatory Commission the Pressure and Temperature Limits Report (PTLR) for 54 Effective Full-Power Years (EFPY) for Cooper Nuclear Station (CNS). CNS Technical Specifications 5.6.7.c requires that the PTLR be provided upon issuance for each reactor vessel fluence period and for any revision or supplement thereto. The PTLR has been updated from 32 EFPY to 54 EFPY.

Electric Power Research Institute (EPRI) has determined that the CNS PTLR contains EPRI proprietary information. The proprietary version of the PTLR for 54 EFPY is provided in Enclosure 1. It is requested that Enclosure 1 be withheld from public disclosure. EPRI, as the owner of the proprietary information, has executed an affidavit (Enclosure 3), which identifies that the proprietary information has been handled and classified as proprietary, is customarily held in confidence, and has been withheld from public disclosure. A non-proprietary version of the PTLR for 54 EFPY, for public disclosure, is provided in Enclosure 2.

• This letter makes no regulatory commitments.

Should you have any questions concerning this matter, please contact me at (402) 825-2788.

Sincerely, Licensing Manager

/dv Enclosure 1 contains Proprietary Information. Upon separation from Enclosure 1, the cover letter and the remainder of the document are decontrolled.

COOPER NUCLEAR STATION P.O. Box 98 /Brownville, NE 68321-0098 Teleph~ne: (402) 825-3817 I Fax: (402) 825-5211 www.nppd.com

PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CFR 2.390 NLS2017003 Page 2 of2

Enclosures:

1. Cooper Nuclear Station Pressure and Temperature Limits Report {PTLR) for 54 Effective Full-Power Years (EFPY) (Proprietary)

2. Cooper Nuclear Station Pressure and Temperature Limits Report (PTLR) for 54 Effective Full-Power Years (EFPY) (Non-Proprietary)

3. Affidavit for Proprietary Information Contained in the Pressure and Temperature Limits Report (PTLR) for 54 Effective Full-Power Years (EFPY) cc: Regional Administrator w/ enclosures USNRC - Region IV Cooper Project Manager w/ enclosures USNRC - NRR Plant Licensing Branch IV Senior Resident Inspector w/ enclosures USNRC-CNS NPG Distribution w/o enclosures CNS Records w/ enclosures contains Proprietary Information. Upon separation from Enclosure 1, the cover letter and the remainder of the document are decontrolled.

PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CFR 2.390 NLS2017003 Enclosure 1 Page 1 of77 Enclosure 1 Cooper Nuclear Station Pressure and Temperature Limits Report (PTLR) for 54 Effective Full-Power Years (EFPY) (Proprietary)

Cooper Nuclear Station Docket No. 50-298, DPR-46 contains Proprietary Information. Upon separation from Enclosure 1, the cover letter and the remainder of the document are decontrolled.

NLS2017003 Page 1of5 Enclosure 3 Affidavit for Proprietary Information Contained in the Pressure and Temperature Limits Report (PTLR) for 54 Effective Full-Power Years (EFPY)

Cooper Nuclear Station Docket No. 50-298, DPR-46

~~121 j ELECTRIC POWER

~*- RESEARCH INSTITUTE KENNETH CANAVAN Director, Plant Technology Ref. EPRI Project Number 669 December 13, 2016 Document Control Desk Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

Subject:

Request for Withholding of the following Proprietary Information Included in:

Entergy, Nuclear Management Manual, Engineering Report titled:

"Cooper Nuclear Station Pressure and Temperature Limits Report (PTLR) for 54 Effective Full-Power Years (EFPY)" Cooper Nuclear Station PTLR, ER 2016-041, Revision 1, Dated December 2016 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") withhold from public disclosure the report identified in the enclosed Affidavit consisting of the proprietary information owned by Electric Power Research Institute, Inc. ("EPRI") identified in the attached report. Proprietary and non-proprietary versions of the Report 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 enclosed submittal to the NRC by NPPD. The Proprietary Information is not to be divulged to anyone outside of the NRC or to any of its contractors, nor shall any copies be made of the Proprietary Information provided 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 contact me at (704) 595-2731. Questions on the content of the Report should be directed to Andy McGehee of EPRI at (704) 502-6440.

Together ... Shaping the Future of Electricity CHARLOTTE OFFICE 1300 West W.T. Horris Boulevard, Charlotte, NC 28262-8550 USA* 704.595.2000

• Fax 704.595.2860 Customer Service 800.313.3774

• www.epri.com

t=~121 j ELECTRIC POWER 11I i!

~*- RESEARCH INSTITUTE '

AFFIDAVIT RE: Request for Withholding of the Following Proprietary Information Included In:

Entergy, Nuclear Management Manual, Engineering Report titled:

"Cooper Nuclear Station Pressure and Temperature Limits Report (PTLR) for 54 Effective Full-Power Years (EFPY)" Cooper Nuclear Station PTLR, ER 2016-041, Revision 1, Dated December 2016 I, Kenneth Canavan, being duly sworn, depose and state as follows:

I am the Director of Research and Development at Electric Power Research Institute, Inc. whose principal office is located at 1300 W WT Harris Blvd, Charlotte, NC. ("EPRI") and I have been specifically delegated responsibility for the above-listed report that contains EPRI Proprietary Information that is sought under this Affidavit to be withheld "Proprietary Information". I am authorized to apply to the U.S. Nuclear Regulatory Commission ("NRC") for the withholding of the Proprietary Information on behalf of EPRI.

EPRI Proprietary Information is identified in the above referenced report by double braces. Examples of such identification is as follows:

((This sentence is an example.!El Tables containing EPRI Proprietary Information are identified with double brackets before and after the object. In each case the superscript notation {El 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 Financial Information (see e.g., 10 C.F.R. § 2.390(al(4):

a. The Proprietary Information is owned by EPRI and has been held in confidence by EPRI. All entities accepting copies of the Proprietary Information do so subject to written agreements imposing an obligation upon the recipient to maintain the confidentiality of the Proprietary Information. The Proprietary Information is disclosed only to parties who agree, in writing, to preserve the confidentiality thereof.

b. EPRI considers the Proprietary Information contained therein to constitute trade secrets of EPRI. As such, EPRI holds the Information in confidence and disclosure thereof is strictly limited to 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 the following 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 other additional fees from the confidential nature of the Proprietary Information. If the Proprietary Information were publicly available to consultants and/or other businesses providing services in the electric and/or nuclear power industry, they would

be able to use the Proprietary Information for their own commercial benefit and profit and without expending the substantial economic resources required of EPRI to develop the Proprietary Information.

d. EPRl's classification of the Proprietary Information as trade secrets is justified by the Uniform Trade Secrets Act which California adopted in 1984 and a version of which has been adopted by 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 being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy."

e. The Proprietary Information contained therein are not generally known or available to the public. EPRI developed the Information only after making a determination that the Proprietary Information was not available from public sources. EPRI made a substantial investment of both money and employee hours in the development of the Proprietary Information. EPRI was required to devote these resources and effort to derive the Proprietary Information. As a result of such effort and cost, both in terms of 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 cause substantial harm to EPRl's competitive position and the ability of EPRI to license the Proprietary Information both domestically and internationally. The Proprietary Information can only be acquired and/or duplicated by others 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 of America 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 Research Institute, Inc.

(State of North Carolina) (County of Mecklenburg) Sub§f9bed and sworn to (or affirmed) before me on this .r::Z1ay of {).l.~ , 2016, by cf:S,,f/rl/Yld ~£WLWI , proved to me on the basis of satisfactory evidence to be the pers~)\NhO appeared before me. Signature {)__~ JI* ~())/f;f (Seal) My Commission Expires ).._m{ay of !ff~ I 20 f::.f}}