ML14027A701

Palo Verde, Units 1, 2 & 3, Transmittal of Updated Affidavit from Westinghouse for Proprietary Document for Startup Test Activity Reduction (STAR) Program License Amendment Request (LAR)

ML14027A701
Person / Time
Site:	Palo Verde
Issue date:	01/16/2014
From:	Arizona Public Service Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
102-06819-TNW/RKR
Download: ML14027A701 (10)

Text

10 CFR 2.3909 a sPalo VerdeapsNuclear Generating StationP.O. Box 52034Phoenix, AZ 85072Mail Station 7636Tel: (623) 393-5764102-06819-TNW/RKR January 16, 2014ATTN: Document Control DeskU.S. Nuclear Regulatory Commission 11555 Rockville PikeRockville, Maryland 20852

References:

1. APS to NRC letter number 102-06784, Palo Verde Nuclear Generating

Station, Units 1, 2, and 3, Docket Nos. STN 50-528/529/530, Application for Technical Specification Change Regarding Moderator Temperature Coefficient (MTC) Surveillance for Startup Test ActivityReduction (STAR) Program Using the Consolidated Line ItemImprovement Process (CLIIP),

dated November 20, 20132. APS to NRC letter number 102-06785, Palo Verde Nuclear Generating

Station, Units 1, 2, and 3, Docket Nos. STN 50-528/529/530, Transmittal of Proprietary Documents for Startup Test ActivityReduction (STAR) Program License Amendment Request (LAR), datedNovember 20, 2013

Subject:

Palo Verde Nuclear Generating StationUnits 1, 2, and 3Docket Nos. STN 50-528/529/530 Transmittal of Updated Affidavit from Westinghouse forProprietary Document for Startup Test Activity Reduction (STAR) Program License Amendment Request (LAR)In accordance with the provisions of 10 CFR 50.90 Arizona Public Service Company(APS) submitted a request for an amendment to the technical specifications (TS) forPalo Verde Nuclear Generating Station (PVNGS) Units 1, 2, and 3. The proposedamendment would modify moderator temperature coefficient (MTC) TS surveillance requirements (SR) associated with implementation of WCAP-16011-P-A, StartupTest Activity Reduction (STAR) Program, Revision 0.Reference 1 provided the formal license amendment request and non-proprietary supporting documents.

Reference 2 provided the proprietary versions of two ,Z4'A member of the STARS (Strategic Teaming and Resource Sharing)

AllianceCallaway

• Comanche Peak a Diablo Canyon

• Palo Verde 0 San Onofre 9 South Texas 0 Wolf Creek ATTN: Document Control DeskU.S. Nuclear Regulatory Commission Transmittal of Updated Affidavit from Westinghouse for Proprietary Document forStartup Test Activity Reduction (STAR) Program License Amendment Request (LAR)Page 2supporting documents.

Specifically, WCAP-16011-P-A, Startup Test Reduction Activity

Program, and WCAP-17787, Palo Verde Nuclear Generating Station STARProgram Implementation Report. The affidavits to support the proprietary nature ofthe documents and the basis for being withheld from public disclosure, pursuant to10 CFR 2.390, were included with each document.

After submittal of the proprietary documents, APS was informed by the NRC staffthat the affidavit to support the proprietary nature of WCAP-16011-P-A, StartupTest Reduction Activity

Program, Revision 0, needed to be updated.

This lettertransmits the requested updated affidavit from Westinghouse.

The affidavit is signed by Westinghouse, the owner of the information.

The affidavit sets forth the basis on which the information may be withheld from publicdisclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of Section 2.390 of the Commission's regulations.

Accordingly, it is respectfully requested that the information which is proprietary toWestinghouse be withheld from public disclosure in accordance with 10 CFR Section2.390 of the Commission's regulations.

Correspondence with respect to the copyright or proprietary aspects of theproprietary documents or the supporting Westinghouse affidavits should reference Westinghouse letter CAW-14-3885 for WCAP-16011-P-A, and should be addressed to James A. Gresham,

Manager, Regulatory Compliance, Westinghouse ElectricCompany, Suite 310, 1000 Westinghouse Drive, Cranberry

Township, Pennsylvania 16066.No commitments are being made to the NRC in this letter. Should you need furtherinformation regarding this submittal, please contact Robert K. Roehler, Licensing Section Leader, at (623) 393-5241.

Sincerely, TNW/RKR/CJS/hsc

Attachment:

Westinghouse letter CAW-14-3885, dated January 10, 2014cc: M. L. Dapas NRC Region IV Regional Administrator J. K. Rankin NRC NRR Project Manager for PVNGSA. E. George NRC NRR Project ManagerM. A. Brown NRC Senior Resident Inspector for PVNGSA. V. Godwin Arizona Radiation Regulatory Agency (ARRA)T. Morales Arizona Radiation Regulatory Agency (ARRA)

ATTACHMENT Westinghouse letter CAW-14-3885, dated January 10, 2014Related to WCAP-16011, Startup Test Reduction ActivityProgram 0 Westinghouse U.S. Nuclear Regulatory Commission Document Control Desk11555 Rockville PikeRockville, MD 20852Westinghouse Electric CompanyEngineering, Equipment and Major Projects1000 Westinghouse DriveCranberry

Township, Pennsylvania 16066USADirect tel:Direct fax:e-mail:Proj letter:(412) 374-4643(724) 720-0754cesha iai;westi n p, house.com NF-APS- 14-1CAW-14-3885 January 10, 2014APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

WCAP-1601 1-P-A, Revision 0, "Startup Test Activity Reduction Program" (Proprietary)

The proprietary information for which withholding is being requested in the above-referenced report isfurther identified in Affidavit CAW-14-3885 signed by the owner of the proprietary information, Westinghouse Electric Company LLC. The Affidavit, which accompanies this letter, sets forth the basison which the information may be withheld from public disclosure by the Commission and addresses withspecificity the considerations listed in paragraph (b)(4) of 10 CFR Section 2.390 of the Commission's regulations.

Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Arizona PublicService.Correspondence with respect to the proprietary aspects of the application for withholding or theWestinghouse Affidavit should reference CAW-14-3885 and should be addressed to James A. Gresham,Manager, Regulatory Compliance, Westinghouse Electric

Company, Suite 310, 1000 Westinghouse Drive, Cranberry

Township, Pennsylvania 16066.Very truly yours,James A Gresham, ManagerRegulatory Compliance Enclosures CAW-14-3885 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ssCOUNTY OF BUTLER:Before me, the undersigned authority, personally appeared James A. Gresham, who, being by meduly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf ofWestinghouse Electric Company LLC (Westinghouse),

and that the averments of fact set forth in thisAffidavit are true and correct to the best of his knowledge, information, and belief:James A. Gresham, ManagerRegulatory Compliance Sworn to and subscribed before methis 10th day of January 2014/IINotaryoPublic COMMONWEALTH OF PENNYLVANIA Notarial SealRenee Giampole, Notary PublicPenn Twp., Westmoreland CountyMy Commission Expires Sept. 25, 2017fENBER. PENNSYLVANIA AS O-ATIOI OF NOTARIES 2CAW-14-3885 (1) I am Manager, Regulatory Compliance, in Engineering, Equipment and Major Projects, Westinghouse Electric Company LLC (Westinghouse),

and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from publicdisclosure in connection with nuclear power plant licensing and rule making proceedings, and amauthorized to apply for its withholding on behalf of Westinghouse.

(2) 1 am making this Affidavit in conformance with the provisions of 10 CFR Section 2.390 of theCommission's regulations 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 trade secret, privileged or as confidential commercial or financial information.

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.390 of the Commission's regulations, the following is furnished for consideration by the Cormmission in determining whether theinfbrmation sought to be withheld from public disclosure should be withheld.

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

(ii) The information is of a type customarily held in confidence by Westinghouse and notcustomarily disclosed to the public. Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information inconfidence.

The application of that system and the substance of that system constitutes Wr'.stinghouse policy and provides the rational basis required.

U;-der that system, information is held in confidence if it falls in one or more of severaltypes, the release of which might result in the loss of an existing or potential competitive advantage, as follows:(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of 3CAW-14-3885 Westinghouse's competitors without license from Westinghouse constitutes acompetitive economic advantage over other companies.

(b) It consists of supporting data, including test data, relative to a process (orcomponent, structure, tool, method, etc.), the application of which data secures acompetitive economic advantage, e.g., by optimization or improvedmarketability.

(c) Its use by a competitor would reduce his expenditure of resources or improve hiscompetitive 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, orcommercial strategies of Westinghouse, its customers or suppliers.

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

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

(iii) There are sound policy reasons behind the Westinghouse system which include thefollowing:

(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors.

It is, therefore, withheld from disclosure toprotect the Westinghouse competitive position.

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

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

4CAW-14-3885 (d) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage.

Ifcompetitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of acompetitive advantage.

(e) Unrestricted disclosure would jeopardize the position of prominence ofWestinghouse in the world market, and thereby give a market advantage to thecompetition of those countries.

(f) The Westinghouse capacity to invest corporate assets in research anddevelopment depends upon the success in obtaining and maintaining acompetitive advantage.

(iv) The information is being transmitted to the Commission in confidence and, under theprovisions of 10 C FR Section 2.390, it is to be received in confidence by theCommission.

(v) The information sought to be protected is not available in public sources or available information has not been previously employed in the same original manner or method tothe best of our knowledge and belief.(vi) The proprietary infornation sought to be withheld in this submittal is that which isappropriately marked in WCAP-1601 I-P-A, Revision 0, "Startup Test ActivityReduction Program" (Proprietary),

dated February 2005, for submittal to theCommission, being transmitted by Arizona Public Service letter and Application forWithholding Proprietary Information from Public Disclosure, to the Document ControlDesk. The proprietary information as submitted by Westinghouse is that associated withWestinghouse's request for NRC approval of WCAP-1601 I-P-A, and may be used onlyfor that purpose.

5CAW-14-3885 (a) This information is part of that which will enable Westinghouse to:(i) Support NRC approval of Arizona Public Service's License Amendment Request for implementation of the STAR Program on the Palo Verde NuclearGenerating Station."

(b) Further this information has substantial commercial value as follows:(i) Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for licensing documentation.

(ii) Westinghouse can sell support and defense of the STAR Program.(iii) The information requested to be withheld reveals the distinguishing aspects of methodology that was developed by Westinghouse.

Public disclosure of this proprietary information is likely to cause substantial harm to thecompetitive position of Westinghouse because it would enhance the ability of competitors toprovide similar technical evaluation justifications and licensing defense services for commercial power reactors without commensurate expenses.

Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

The development of the technology described in part by the information is the result of applyingthe results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended.

Further the deponent sayeth not.

PROPRIETARY INFORMATION NOTICEThe proprietary version of the document furnished to the NRC in connection with requests for genericand/or plant-specific review and approval were provided to the NRC by Arizona Public Service Company(APS) letter number 102-06785 dated November 20, 2013 (ADAMS Accession No. ML 13329A700 forthe transmitted letter.)

The non-proprietary version is available as ADAMS Accession No.ML 050660118.

In order to conform to the requirements of 10 CFR 2.390 of the Commission's regulations concerning theprotection of proprietary information so submitted to the NRC, the information which is proprietary in theproprietary versions is contained within brackets, and where the proprietary information has been deletedin the non-proprietary

versions, only the brackets remain (the information that was contained within thebrackets in the proprietary versions having been deleted).

The justification for claiming the information so designated as proprietary is indicated in both versions by means of lower case letters (a) through (f)located as a superscript immediately following the brackets enclosing each item of information beingidentified as proprietary or in the margin opposite such information.

These lower case letters refer to thetypes of information Westinghouse customarily holds in confidence identified in Sections (4)(ii)(a) through (4)(ii)(f) of the Affidavit accompanying this transmittal pursuant to 10 CFR 2.390(b)(1).

COPYRIGHT NOTICEThe reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted tomake the number of copies of the information contained in these reports which are necessary for itsinternal use in connection with generic and plant-specific reviews and approvals as well as the issuance, 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 regarding restrictions on publicdisclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection notwithstanding.

With respect to the non-proprietary versions of these reports, the NRC ispermitted to make the number of copies beyond those necessary for its internal use which are necessary inorder to have one copy available for public viewing in the appropriate docket files in the public documentroom in Washington, DC and in local public document rooms as may be required by NRC regulations ifthe number of copies submitted is insufficient for this purpose.

Copies made by the NRC must includethe copyright notice in all instances and the proprietary notice if the original was identified as proprietary.