ML040200120

Withholding from Public Disclosure, Additional Information Regarding the Cycle Specific SLMCPR (Safety Limit Minimum Critical Power Ratio) for Vermont Yankee Cycle 24

ML040200120
Person / Time
Site:	Vermont Yankee
Issue date:	02/02/2004
From:	Richard Ennis NRC/NRR/DLPM/LPD1
To:	Harding M Global Nuclear Fuel - Americas
Ennis R, NRR/DLPM, 415-1420
References
TAC MC1482
Download: ML040200120 (6)

Text

February 2, 2004 Ms. Margaret E. Harding, Manager Fuel Engineering Services Global Nuclear Fuel - Americas, LLC P.O. Box 780 Wilmington, NC 28402

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, VERMONT YANKEE NUCLEAR POWER STATION (TAC NO. MC1482)

Dear Ms. Harding:

By Entergy letter BVY 03-114 dated December 5, 2003, and Global Nuclear Fuel - Americas, LLC (GNF-A) affidavit dated November 5, 2003, executed by you (part of Attachment 5 to letter BVY 03-114), GNF-A requested that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790:

Additional Information Regarding the Cycle Specific SLMCPR [Safety Limit Minimum Critical Power Ratio] for Vermont Yankee Cycle 24" A nonproprietary copy of this document (Attachment 6 to letter BVY 03-114), has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(1) The information sought to be withheld is being submitted to [the] NRC in confidence. The information is of a sort customarily held in confidence by GNF-A, and is in fact so held.

(2) The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by GNF-A, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties including any required transmittals to the NRC, have been made, or must be made, pursuant to the regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.

(3) The information [in the subject document] is classified as proprietary because it contains details of GNF-As 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.

(4) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GNF-As competitive position and foreclose or reduce the availability of profit-making opportunities.

M. Harding (5) The research, development, engineering, analytical, and NRC review costs comprise a substantial investment of time and money by GNF-A or its licensor.

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.

GNFs competitive advantage will be lost if its competitors are able to use the results of 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.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, the version of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(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 the documents. 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 301-415-1420.

Sincerely,

/RA/

Richard B. Ennis, Senior Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-271 cc: See next page

M. Harding (5) The research, development, engineering, analytical, and NRC review costs comprise a substantial investment of time and money by GNF-A or its licensor.

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.

GNFs competitive advantage will be lost if its competitors are able to use the results of 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.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, the version of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(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 the documents. 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 301-415-1420.

Sincerely,

/RA/

Richard B. Ennis, Senior Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-271 cc: See next page DISTRIBUTION PUBLIC DRoberts OGC PDI-2 Reading CRaynor FAkstulewicz CHolden REnnis CAnderson, RGN-I ADAMS Accession Number: ML040200120 OFFICE PDI-2/PM PDI-2/LA SRXB/SC OGC PDI-2/SC(A)

NAME REnnis CRaynor FAkstulewicz GKim DRoberts DATE 1/22/04 1/22/04 1/23/04 1/29/04 1/30/04 OFFICIAL RECORD COPY

Vermont Yankee Nuclear Power Station cc:

Regional Administrator, Region I Mr. Raymond N. McCandless U. S. Nuclear Regulatory Commission Vermont Department of Health 475 Allendale Road Division of Occupational King of Prussia, PA 19406-1415 and Radiological Health 108 Cherry Street Mr. David R. Lewis Burlington, VT 05402 Shaw, Pittman, Potts & Trowbridge 2300 N Street, N.W. Manager, Licensing Washington, DC 20037-1128 Entergy Nuclear Vermont Yankee, LLC P.O. Box 0500 Ms. Christine S. Salembier, Commissioner 185 Old Ferry Road Vermont Department of Public Service Brattleboro, VT 05302-0500 112 State Street Montpelier, VT 05620-2601 Resident Inspector Vermont Yankee Nuclear Power Station Mr. Michael H. Dworkin, Chairman U. S. Nuclear Regulatory Commission Public Service Board P.O. Box 176 State of Vermont Vernon, VT 05354 112 State Street Montpelier, VT 05620-2701 Director, Massachusetts Emergency Management Agency Chairman, Board of Selectmen ATTN: James Muckerheide Town of Vernon 400 Worcester Rd.

P.O. Box 116 Framingham, MA 01702-5399 Vernon, VT 05354-0116 Jonathan M. Block, Esq.

Mr. Michael Hamer Main Street Operating Experience Coordinator P.O. Box 566 Vermont Yankee Nuclear Power Station Putney, VT 05346-0566 320 Governor Hunt Road Vernon, VT 05354 Mr. John Kelly Director, Nuclear Safety Assurance G. Dana Bisbee, Esq. Entergy Nuclear Operations, Inc.

Deputy Attorney General 440 Hamilton Avenue 33 Capitol Street White Plains, NY 10601 Concord, NH 03301-6937 Mr. Gary Taylor Chief, Safety Unit Chief Executive Officer Office of the Attorney General Entergy Operations One Ashburton Place, 19th Floor 1340 Echelon Parkway Boston, MA 02108 Jackson, MS 39213 Ms. Deborah B. Katz Box 83 Shelburne Falls, MA 01370

Vermont Yankee Nuclear Power Station cc:

Mr. John Herron Mr. Ron Toole Sr. VP and Chief Operating Officer BWR SRC Consultant Entergy Nuclear Operations, Inc. 605 West Horner Street 440 Hamilton Avenue Ebensburg, PA 15931 White Plains, NY 10601 Ms. Stacey Lousteau Mr. Dan Pace Treasury Department Vice President, Engineering Entergy Entergy Services, Inc.

Nuclear Operations, Inc. 639 Loyola Avenue, Mail Stop L-ENT-15E 440 Hamilton Avenue New Orleans, LA 70113 White Plains, NY 10601 Mr. Michael Kansler Mr. Randall Edington President Vice President, Operations Support Entergy Nuclear Operations, Inc.

Entergy Nuclear Operations, Inc. 440 Hamilton Avenue 440 Hamilton Avenue White Plains, NY 10601 White Plains, NY 10601 Mr. Raymond Shadis Director of Oversight New England Coalition Entergy Nuclear Operations, Inc. Post Office Box 98 440 Hamilton Avenue Edgecomb, ME 04556 White Plains, NY 10601 Mr. James P. Matteau Mr. John M. Fulton Executive Director Assistant General Counsel Windham Regional Commission Entergy Nuclear Operations, Inc. 139 Main Street, Suite 505 440 Hamilton Avenue Brattleboro, VT 05301 White Plains, NY 10601 Mr. William K. Sherman Mr. Jay K. Thayer Vermont Department of Public Service Site Vice President 112 State Street Entergy Nuclear Operations, Inc. Drawer 20 Vermont Yankee Nuclear Power Station Montpelier, VT 05620-2601 P.O. Box 0500 185 Old Ferry Road Brattleboro, VT 05302-0500 Mr. Ken L. Graesser BWR SRC Consultant 38832 N. Ashley Drive Lake Villa, IL 60046 Jim Sniezek BWR SRC Consultant 5486 Nithsdale Drive Salisbury, MD 21801