NL-12-2282, Units 1 and 2 Supplement to Response to Supplemental Information Request Regarding Technical Specifications Condensate Storage Tank Minimum Level License Amendment Request

Units 1 and 2 Supplement to Response to Supplemental Information Request Regarding Technical Specifications Condensate Storage Tank Minimum Level License Amendment Request

ML12319A150
Person / Time
Site:	Farley
Issue date:	11/08/2012
From:	Ajluni M Southern Nuclear Operating Co, Southern Co
To:	Office of Nuclear Reactor Regulation, Document Control Desk
Shared Package
ML123190217	List: NL-12-2282, Units 1 and 2 Supplement to Response to Supplemental Information Request Regarding Technical Specifications Condensate Storage Tank Minimum Level License Amendment Request
References
NL-12-2282
Download: ML12319A150 (11)

Text

Mark J. Ajluni, P.E. Southern Nuclear Nuclear Licensing Director Operating Company, Inc.

40 Invern ess Center Parkway Post Office Box 1295 Birmingham. Alabama 35201 Tel 205.992.7673 Fax 205.992.7885 SOUTHERN'\'

November 8, 2012 COMPANY Docket Nos.: 50-348 NL-12-2282 50-364 U. S. Nuclear Regulatory Commission ATTN : Document Control Desk Washington, D. C. 20555-0001 Joseph M. Farley Nuclear Plant - Units 1 and 2 Supplement to Response to Supplemental Information Request Regarding Technical Specifications Condensate Storage Tank Minimum Level License Amendment Request

Reference:

1. FA1/09-19, Revision 0, "Vortex Evaluation for Vogtle and Farley RWSTs and Hatch CSTs" (Proprietary)

Ladies and Gentlemen:

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated August 20, 2012 (Agencywide Documents Access and Management System (ADAMS),

Accession No. ML12234A743), Southern Nuclear Operating Company, Inc.,

(SNC) submitted a license amendment request for TS 3.7.6, "Condensate Storage Tank." On September 25, 2012, the NRC provided SNC with a Request for Supplemental Information letter (ML12257A098) , containing four questions regarding the license amendment request. The SNC response was provided to the NRC by letter dated October 25, 2012 . Enclosure 3 to that letter was not provided. The response stated that Attachment 3 (Reference 1) of Enclosure 3 to that letter contained Westinghouse Electric Company, LLC proprietary information and that SNC would provide Reference 1 at a later date as a supplement in a separate letter.

This letter provides Reference 1 with proprietary information designated and supports the responses provided in the SNC letter dated October 25, 2012.

Reference 1 was prepared and classified as Westinghouse Proprietary Class 2.

Westinghouse requests that the document be considered proprietary in its entirety. As such, a non-proprietary version will not be issued .

As Reference 1 contains information proprietary to Westinghouse Electric Company, LLC, it is supported by an affidavit signed by Westinghouse, the owner of the information. The affidavit sets forth the basis on which the information may

U.S. Nuclear Regulatory Commission NL-12-2282 Page 2 be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of Section 2.390 of the Commissions regulations. of this letter contains the Westinghouse Application for Withholding Proprietary Information from Public Disclosure CAW-12-3565, accompanying Affidavit, Proprietary Information Notice, and Copyright Notice.

Accordingly, it is respectfully requested that the information, which is proprietary to Westinghouse, be withheld from public disclosure in accordance with Section 2.390 of the Commission's regulations.

Correspondence with respect to the copyright or proprietary aspects of the items listed above or the supporting Westinghouse affidavit should reference CAW-12-3565 and should be addressed to James A. Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company, Suite 428, 1000 Westinghouse Drive, Cranberry Township, Pennsylvania 16066.

This letter contains no NRC commitments. If you have any questions, please contact Ken McElroy at (205) 992-7369.

Mr. Mark Ajluni states he is Nuclear Licensing Director of Southern Nuclear Operating Company, is authorized to execute this oath on behalf of Southern Nuclear Operating Company and, to the best of his knowledge and belief, the facts set forth in this letter are true.

'Fe day of AI~ ,2012.

My commission expires: II-?- ?O (3 Respectfully submitted, M. J. Ajluni Nuclear Licensing Director MJAlCLN/lac

U.S. Nuclear Regulatory Commission NL-1 L.-L..LV£..

3

Enclosures:

1. 3 to dated October 2012; SNC Calculation SM-SNC335993-001, "CST AFW Pump Suction - Submergence Analysis," Version 2.0 (Proprietary)

2. Westinghouse Electric Company, LLC CAW-12-3565, "Application for Withholding Proprietary Information from Public Disclosure," November 1,2012 cc:

Mr. Kuczynski, Chairman, & CEO Mr. D. G. Bost, Vice & Chief Nuclear Officer Mr. T. A. Lynch, Vice President Farley Mr. B. L. Vice President - Regulatory Mr. J. Adams, Vice - Fleet Operations CFA04.054 Mr. V. M. McCree, Regional Administrator Mr. R. Martin, NRR Manager -

Mr. E. L. Crowe, Senior Resident Inspector Farley

Joseph M. Farley Nuclear Plant - Units 1 and 2 Supplement to Response to Supplemental Information Request Regarding Technical Specifications Condensate Storage Tank Minimum Level License Amendment Request Enclosure 2 Westinghouse Electric Company, LLC CAW-12-3565, "Application for Withholding Proprietary Information from Public Disclosure," November 1, 2012

8)Westinghouse Westinghouse Electric Company Nuclear Services 1000 Westinghouse Drive Cranberry Township, Pennsylvania 16066 USA u.s. Nuclear Regulatory Commission Directtel: (412) 374-4643 Document Control Desk Direct fax: (724) 720-0754 11555 Rockville Pike e-mail: greshaja@westinghouse.com Rockville, MD 20852 Proj letter: ALA 109 CAW-12-3565 November 1,2012 APPLICA TION FOR WITHHOLDING PROPRlETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

FAII09-19, Revision 0, "Vortex Evaluation for Vogtle and Farley RWSTs and Hatch CSTs" (Proprietary)

The proprietary information for which withholding is being requested in the above-referenced report is further identified in Affidavit CAW-12-3565 signed by the owner of the proprietary information, Westinghouse Electric Company LLC. The affidavit, which accompanies this letter, sets forth the basis on which the information may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10 CFR Section 2.390 of the Commission's regulations.

The subject document was prepared and classified as Westinghouse Proprietary Class 2. Westinghouse requests that the document be considered proprietary in its entirety. As such, a non-proprietary version will not be issued.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Southern Nuclear Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference CA W-12-3565, and should be addressed to James A. Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company, Suite 428, 1000 Westinghouse Drive, Cranberry Township, Pennsylvania 16066.

Very truly yours,

)~ James A. Gresham, Manager Regulatory Compliance Enclosures E2 - 1 of 7

CAW-12-3565 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF BUTLER:

Before me , the undersigned authority, personally appeared James A. Gresham, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Company LLC (Westinghouse), and that the averments offact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

i Ij James A. Gresham, Manager Regulatory Compliance Sworn to and subscribed before me this 1st day of November 2012 L,~ , +/

Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Anne M. Stegman, Notary Public Unity Twp., Westmoreland County My Commission expires Aug. 7, 2016 MEMBeR, PENNSYLVANIA ASSOCIATION Of NOTARIES E2 - 2 of 7

2 (1) I am Regulatory Compliance, in Nuclear Services, Westinghouse Electric Company LLC (Westinghouse), and as such, I have been delegated the of reviewing proprietary information sought to be withheld from public disclosure in connection with nuclear power plant and rule making proceedings, and am authorized to apply for its withholding on behalf of Westinghouse.

I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.390 of the and in conjunction with the Westinghouse Application for Withholding Proprietary Information from Public Disclosure accompanying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse in designating information as a privileged or as or financial (4) Pursuant to provisions of paragraph (b)(4) of Section 2.390 the regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld.

(i) The information sought to be withheld from disclosure is owned and has been held in confidence by Westinghouse.

(ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining the types information held in by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in The application of that system and the of that policy and provides the rational basis required.

Under that information is held in confidence if it falls in one or more of several the release of which might result in the loss of an existing or potential competitive advantage, as follows:

(a) The information reveals the distinguishing of a (or component, tool, method, etc.) prevention of its use by any of E2 - 3 of 7

3 CAW-12-3565 Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

(b) It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketabi Iity.

(c) Its use 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 a similar product.

(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

(f) It contains patentable ideas, for which patent protection may be desirable.

There are sound policy reasons behind the Westinghouse system which include the following:

(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

(b) It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.

(c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

E2 - 4 of 7

4 (d) component proprietary information pertinent to a particular competitive is potentially as valuable as total competitive If competitors acquire components proprietary information, anyone component may be the key to the entire thereby ofa competitive advantage.

(e) Unrestricted disclosure would jeopardize the position of prominence of in the world and a market advantage to the competition those countries.

(1) The Westinghouse capacity to invest corporate assets in research and development upon the success in and a competitive advantage.

(iii) information is being transmitted to the Commission in confidence and, under the provisions 10 2.390, it is to be in confidence by the Commission.

(iv) The information sought to be is not available in public sources or available information has not been previously employed in the same original manner or method to the best of our knowledge and belief.

(v) The proprietary to be withheld in this submittal is that which is contained in FAI/09-19, Revision 0, "Vortex Evaluation for Vogtle and Farley RWSTs and Hatch CSTs" dated January 16,2009, for submittal to the Commission, being transmitted by Southern Nuclear Company (SNC) letter and Application for Withholding Proprietary Information from Public IJ,,'''.,u, to the Document Control Desk. The proprietary information as submitted by Westinghouse is that associated with the SNC license amendment request, TS 3.7.6, to revise the minimum condensate tank level and may be used for that purpose.

This infonnation is part of that which will enable to:

(a) Support the license amendment pursued SNC.

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5 CAW-12-3565 Further this infonnation has substantial commercial value as follows:

(a) The infonnation requested to be withheld reveals distinguishing aspects of a methodology which was by Westinghouse.

Public disclosure of this proprietary is likely to cause substantial hann to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar calculations and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of infonnation would enable others to use the infonnation to meet NRC requirements for documentation without right to use the information.

of the described in by the infonnation is the result applying the results of many years of experience in an intensive Westinghouse effort and the of a considerable sum of money.

In for competitors to duplicate technical programs would have to be perfonned and a significant manpower effort, having the requisite and would have to be the sayeth not.

E2 - 6 of 7

PROPRIETARY INFORMATION NOTICE Transmitted herewith is the proprietary version of a document furnished to the NRC in connection with for and/or plant-specific review and approval. document is to be considered proprietary in its entirety.

COPYRIGHT NOTICE The report transmitted herewith a Westinghouse copyright notice. The NRC is permitted to make the number of copies of the information contained in this report which is necessary for its internal use in connection with generic and plant-specific reviews and approvals as well as the denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 2.390 restrictions on public disclosure to the extent information has been identified as proprietary by Westinghouse, copyright protection notwithstanding. Copies made by the NRC must include the copyright notice in all instances and the proprietary if the original was identified as proprietary.

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