ML21281A139

Request for Withholding Information from Public Disclosure Response to Request for Additional Information

ML21281A139
Person / Time
Site:	Brunswick
Issue date:	10/26/2021
From:	Stone Z NRC/NRR/DORL/LPL2-1
To:	Krakuszeski J Duke Energy Progress
Stone, Z, NRR/DORL
References
EPID L-2021-LLR-0014
Download: ML21281A139 (4)

Text

October 26, 2021 Mr. John A. Krakuszeski Site Vice President Brunswick Steam Electric Plant Duke Energy Progress, LLC 8470 River Rd. SE (M/C BNP001)

Southport, NC 28461

SUBJECT:

BRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE RE:

RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION (EPID L-2021-LLR-0014)

Dear Mr. Krakuszeski:

By letter dated October 4, 2021, Duke Energy Carolinas, LLC (Duke Energy) submitted an affidavit dated September 21, 2021, executed by Scott Greenhaus of Structural Group, Inc.

(SGI), requesting that the information contained in the following document be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR):

Response to Request for Additional Information Proposed Alternative to ASME Section XI Requirements for Repair/Replacement of Buried Service Water Piping A nonproprietary copy of this document has been placed in the U.S. Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the NRC Library in the Agencywide Documents Access and Management System (ADAMS), Accession No. ML21277A306.

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

The information sought to be withheld from public disclosure is owned by and has been held in confidence by SGI [and. . . ] this information has substantial commercial value as follows:

1) The SGI plan to sell the use of this information to their customers for the purpose of installing the V-WrapTM Carbon Fiber Reinforced Polymer (CFRP) Composite System in safety related piping.

2) That SGI can self-support and defense of the technology to their customers in the licensing process.

J. Krakuszeski 3) The information requested to be withheld reveals the distinguishing aspects of a methodology which was developed by SGI.

4) Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of SGI because it would enhance the ability of competitors to provide similar licensing services for commercial power reactors without commensurate expenses.

5) Public disclosure of the information would enable others to use the information to meet USNRC requirements for licensing documentation without purchasing the right to use the information.

6) The development of the technology described in part by the proprietary information is the result of applying the results of many years of experience in an intensive effort by SGI and the expenditure of a considerable sum of money and resources. In order for competitors to duplicate this information, similar technical programs would have to be performed including a significant expenditure [of] money and resources.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the version(s) of the submitted information marked as proprietary 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 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.

J. Krakuszeski If you have any questions, please contact me at (301) 415-0615 or by e-mail at Zackary.Stone@nrc.gov.

Sincerely, Digitally signed by Zackary Zackary R. Stone Date: 2021.10.26 R. Stone 12:38:09 -04'00' Zackary Stone, Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-325 and 50-324 cc: Scott Greenhaus Executive Vice President Structural Group, Inc.

10150 Old Columbia Road Columbia, MD 21046 Listserv

ML21281A139 OFFICE NRR/DORL/LPL2-1/PM NRR/DORL/LPL2-2/LA NRR/DEX/EMIB/BC NAME ZStone RButler ITseng (Acting)

DATE 10/5/2021 10/22/2021 10/26/2021 OFFICE NRR/DNRL/NPHP/BC NRR/DORL/LPL2-2/BC NRR/DORL/LPL2-1/PM NAME MMitchell DWrona ZStone DATE 10/21/2021 10/26/2021 10/26/2021