ML14246A254

Supplemental Response to NRC Requests for Additional Information Regarding 10 CFR 50 Appendix H Status Update

ML14246A254
Person / Time
Site:	Browns Ferry
Issue date:	08/29/2014
From:	Polson K Tennessee Valley Authority
To:	Document Control Desk, Office of Nuclear Reactor Regulation
Shared Package
ML14246A252	List: ML14246A254
References
TAC MF3340
Download: ML14246A254 (6)

Text

Proprietary Information Withhold Under 10 CFR 2.390(d)(1)

This letter is decontrolled when separated from Enclosure i August 29, 2014 10 CFR 50.4 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Browns Ferry Nuclear Plant, Unit 2 Renewed Facility Operating License No. DPR-52 NRC Docket No. 50-260

Subject:

Supplemental Response to NRC Requests for Additional Information Regarding 10 CFR 50 Appendix H Status Update for Browns Ferry Nuclear Plant, Unit 2 (TAC No. MF3340)

References:

1. Letter from TVA to NRC, "10 CFR 50 Appendix H Status Update for Browns Ferry Nuclear Plant, Unit 2," dated December 27, 2013 (ADAMS Accession No. ML14008A108)

2. Letter from TVA to NRC, "Response to NRC Request for Additional Information Regarding 10 CFR 50 Appendix H Status Update for Browns Ferry Nuclear Plant, Unit 2 (TAC No. MF3340)," dated April 16, 2014 (ADAMS Accession No. ML14108A328)

3. Letter from TVA to NRC, "Response to NRC Request for Additional Information Regarding 10 CFR 50 Appendix H Status Update for Browns Ferry Nuclear Plant, Unit 2 (TAC No. MF3340)," dated May 29, 2014 (ADAMS Accession No. ML14153A559)

4. Letter from TVA to NRC, "Supplemental Response to NRC Requests for Additional Information Regarding 10 CFR 50 Appendix H Status Update for Browns Ferry Nuclear Plant, Unit 2 (TAC No. MF3340)," dated July 25, 2014.

By letter dated December 27, 2013 (Reference 1), the Tennessee Valley Authority (TVA) submitted a 10 CFR 50 Appendix H Status Update for Browns Ferry Nuclear Plant (BFN),

Unit 2 providing an expected date for a license amendment request (LAR) to revise the non-conservative BFN, Unit 2, Pressure-Temperature (P-T) Curves.

By letters dated April 16, 2014 (Reference 2) and May 29, 2014 (Reference 3), TVA submitted responses to Requests for Additional Information (RAIs) associated with the BFN, Unit 2, curve shifts. Per telecom with NRC staff, TVA was requested to provide additional details from two EPRI-proprietary documents associated with the BFN, Unit 2, representative weld material. In Reference 4, TVA provided excerpts from these two

U.S. Nuclear Regulatory Commission Page 2 August 29, 2014 documents, In a subsequent telecom with NRC, two additional figures from the evaluation of the Browns Ferry Unit 2 1200 Surveillance Capsule Data were requested. Enclosure 1 contains these two figures. to this letter contains information that EPRI considers to be proprietary in nature and subsequently, pursuant to 10 CFR 2.390, "Public inspections, exceptions, request for withholding," paragraph (a)4, it is requested that such information be withheld from public disclosure. Enclosure 1 is EPRI-proprietary in its entirety, and therefore, no public version is provided. Enclosure 2 provides the affidavit supporting the request.

There are no new regulatory commitments contained in this submittal. Please address any questions regarding this submittal to Mr. Jamie L. Paul at (256) 729-2636.

Respectfully, K J. P on Site Vice President Browns Ferry Nuclear Plant

Enclosures:

1. Figures B-1-3 and B-1-4 from "Evaluation of the Browns Ferry Unit 2 1200 Surveillance Capsule Data," BWR Vessels & Internals Project (BWRVIP),

2013-050, April 10, 2013 (EPRI Proprietary)

2. EPRI Affidavit cc (Enclosures):

NRC Regional Administrator - Region II NRC Senior Resident Inspector - Browns Ferry Nuclear Plant NRC Project Manager - Browns Ferry Nuclear Plant

ENCLOSURE2 Enclosed is the affidavit supporting the request to withhold proprietary information (included in Enclosure 1) from the public.

E2-1

ii~i~iiELECTRIC POWER sf a IRESEARCH INSTITUTE Kurt Edsinger Director, PWR &

8WR Materials August 21, 2014 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:

Report by TVA called "Supplemental Response to NRC Requests for Additional Information Regarding 10 CFR 50 Appendix H Status Update for Browns Ferry Nuclear Plant, Unit 2" (TAC No MF3340)

To Whom ItMay 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 certain identified proprietary information, which is owned by Electric Power Research Institute, Inc. ("EPRI") contained in the report that is described in the enclosed Affidavit and referenced above

('Report").

Tennessee Valley Authority ("TVA") desires to disclose the Report to NRC and EPRI desires NRC to handle the Proprietary Information contained in the Report in confidence and only for the purpose of assisting NRC review TVA's submittal. 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 (650) 855-2271. Questions on the content of the Report should be directed to Andy McGehee of EPRI at (704) 502-6440.

Sincerely, Together . . . Shaping the Future of Electricity 1300 West W.T. Harris Boulevard, Charlotte, NC 28262-8550 USA

• 704.595.2732

• Mobile 704.490.2653

• nwilmshursl@epricom

I IELECTRIC POWER RESEARCH INSTITUTE AFFIDAVIT RE: Request for Withholding of the Following Proprietary Information Included In:

Report by TVA called "Supplemental Response to NRC Requests for Additional Information Regarding 10 CFR 50 Appendix H Status Update for Browns Ferry Nuclear Plant, Unit 2" (TAC No MF3340)

I,Kurt Edsinger, being duly sworn, depose and state as follows:

I am the Director of PWR and BWR Materials at Electric Power Research Institute, Inc. whose principal office is located at 3240 Hillview Avenue, Palo Alto, CA. ("EPR") 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.

Tables containing EPRI Proprietary Information are identified with double square brackets before and after the object. Ineach case, the superscript notation (E)refers to this affidavit as the basis 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(a)(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, inwriting, 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, inwriting, 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. Ifthe 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. EPRI's classification of the Proprietary Information as trade secrets isjustified 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 EPRI'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 California.

Executed at 3420 Hillview Avenue being the premises and place of business of Electric Power Research Institute, Inc Date: ___

Kurt E (State of California)

(County of Santa Clara)

Subs,cbed and .- ~,,frn or affirmed) before me on thisc.;_day of - , 20._R by the,, proved to me on the basis of s~tisfactory evidence to be pe*rson(s) whoappeared beforme.

Signature . 7,20 (Seal)

My Commission Expires cday of , .,Z , 20L.

BERTE A.DAHL COMM.# 1926383 SAOTARCLAACWMITRtA My Cowa Exp. 9m. 20,2015