ML14056A120

Request for Withholding Information from Public Disclosure

ML14056A120
Person / Time
Site:	Columbia
Issue date:	03/05/2014
From:	Lyon C F Plant Licensing Branch IV
To:	Reddeman M E Energy Northwest
Lyon C F
References
TAC MF3055
Download: ML14056A120 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Mark E. Reddemann Chief Executive Officer Energy Northwest P.O. Box 968 (Mail Drop 1023) Richland, WA 99352-0968 March 5, 2014

SUBJECT:

COLUMBIA GENERATING STATION-REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MF3055)

Dear Mr. Reddemann:

By letter dated October 31, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML 13316A009), Energy Northwest (EN) submitted an affidavit executed by Linda C. Dolan, GE-Hitachi Nuclear Energy Americas LLC (GEH), dated September 20, 2013, requesting that information contained in the following document be withheld from public disclosure pursuant to Title 1 0 of the Code of Federal Regulations (1 0 CFR), Part 2, Section 2.390: NEDC-33813P, "Technical Specification Change Support for RHR/LPCI [residual heat removal/ low pressure core injection]

and LPCS [low pressure core spray] Flow Rate Long-Term LOCA [loss-of-coolant accident]

Containment Response and ECCS [emergency core cooling system] /Non-LOCA Evaluations," Revision 2, dated September 2013. The information is included in Enclosure 2 to EN's letter dated October 31, 2013. A nonproprietary version of Enclosure 2, designated as NED0-33813 in Enclosure 3 to EN's letter dated October 31, 2013, has been placed in the U.S. Nuclear Regulatory Commission's (NRC's) Public Document Room and added to ADAMS in the NRC Library at Accession No. ML 13316A010.

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

• The information

... is classified as proprietary because it contains detailed results of analytical models, methods and processes, including computer codes, which GEH has developed, obtained NRC approval of, and applied to perform evaluations of RHR/LPCI and LPCS flow rates for the GEH Boiling Water Reactor (BWR). Development of these methods, techniques, and information and their application to the design, and to any modification, analyses methods or processes was achieved at a significant cost to GEH. The development of the evaluation processes along with the interpretation and application of the analytical results is derived from the extensive experience and information databases that constitute major GEH assets.

• Public disclosure of the information sought to be withheld is likely to cause substantial harm to GEH's competitive position and foreclose or reduce the availability of profit-making opportunities.

The information is part of GEH's comprehensive BWR safety and technology base, and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation process. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods. The research, development, engineering, analytical and NRC review costs comprise a substantial investment of time and money by GEH. 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.

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

The value of this information to GEH would be lost if the information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive GEH of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing and obtaining these very valuable analytical tools. 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 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 M. Reddemann 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) 415-2296 or via e-mail at fred.lyon@nrc.gov.

Docket No. 50-397 cc: Linda C. Dolan Manager, Regulatory Compliance Regulatory Affairs Sincerely, Carl F. Lyon, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Road Wilmington, NC 28401 Distribution via Listserv 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) 415-2296 or via e-mail at fred.lyon@nrc.gov.

Docket No. 50-397 cc: Linda C. Dolan Manager, Regulatory Compliance Regulatory Affairs Sincerely, /RAJ Carl F. Lyon, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Road Wilmington, NC 28401 Distribution via Listserv DISTRIBUTION:

PUBLIC LPLIV Reading RidsAcrsAcnw_MaiiCTR Resource RidsNrrDssSrxb Resource RidsNrrDorllpl4 Resource RidsNrrPMColumbia Resource RidsNrrLAJBurkhardt Resource RidsRgn4MaiiCenter Resource MHardgrove, NRR/DSS/SRXB ADAMS Accession No.: ML 14056A120 OFFICE NRR/DORLILPL4-1/PM NRR/DORLILPL4-1/LA NAME Flyon JBurkhardt DATE 2/25/14 2/25/14 NRR/DORLILPL4-1/BC MMarkley 3/5/14 OFFICIAL RECORD COPY NRR/DORL/LPL4-1/PM Flyon 3/5/14