ML14006A393

Request for Withholding Information from Public Disclosure for Fermi, Unit 2

ML14006A393
Person / Time
Site:	Fermi
Issue date:	01/23/2014
From:	Wengert T J Plant Licensing Branch III
To:	Plona J M DTE Electric Company
Wengert T J
References
TAC MF0446
Download: ML14006A393 (4)

Text

Mr. Joseph M. Plona Senior Vice President and Chief Nuclear Officer DTE Electric Company Fermi 2 -210 NOC 6400 North Dixie Highway Newport, Ml 48166 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 23, 2014

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR FERMI 2 (TAC NO. MF0446)

Dear Mr. Plona:

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated December 21, 2012 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML 13004A134), supplemented by letters dated July 9, 2013 (ADAMS Accession No. ML 13191A748), and October 17, 2013 (ADAMS Accession No. ML 13291A363), DTE Electric Company (DTE, or the licensee) submitted a license amendment request to amend the Fermi 2 Plant Operating License, Technical Specification Section 1.1, "Definitions", Section 3.4.1 0, "RCS Pressure and Temperature (PIT) Limits," and Section 5.6, "Reporting Requirements," by replacing the existing reactor vessel heatup and cooldown rate limits and the P/T limit curves with references to the Pressure and Temperature Limits Report at Fermi 2. The proposed amendment also adopts the NRC approved methodology of the General Electric Hitachi (GEH) Nuclear Energy Licensing Topical Report NEDC-33178P-A, Revision 1, "General Electric Methodology for Development of Reactor Pressure Vessel Pressure-Temperature Curves," for the preparation of the Fermi 2 PIT limit curves. In the letter dated October 17, 2013, DTE submitted an affidavit (Enclosure

3) dated September 27, 2013, signed by Peter M. Yandow, Vice President, Nuclear Plant Projects/Services Licensing, Regulatory Affairs, GE-Hitachi Nuclear Energy Americas LLC, 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. Enclosure 1 to GEH Letter, 318327-4, "GEH Responses to PT Curve RAis 1-5" This affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons: (4)a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEH's competitors without license from GEH constitutes a competitive economic advantage over other companies.

' (4)b. Information that, if used by a competitor, would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

J. H. Plena The version of Enclosure 1 to GEH Letter 318327-4, "GEH Responses to PT Curve RAis 1-5", is provided as Enclosure 2 ofthe October 17, 2013 submittal.

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 affidavits, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the document identified above marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 1 03(b) of the Atomic Energy Act of 1954, as amended. Withholding from public 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.

If you have any questions regarding this matter, I may be reached at 301-415-4037.

Docket No. 50-341 cc: See next page Additional Distribution via Listserv Sincerely, Thomas J. Wengert, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Peter M. Yandow, Vice President Nuclear Plant Projects/Services GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Rd. Wilmington, NC 28401 J. H. Plona The nonproprietary version of Enclosure 1 to GEH Letter 318327-4, "GEH Responses to PT Curve RAis 1-5", is provided as enclosure 2 of the October 17, 2013 submittal.

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 affidavits, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the document identified above marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 1 03(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.

If you have any questions regarding this matter, I may be reached at 301-415-4037.

Docket No. 50-341 cc: See next page Additional Distribution via Listserv DISTRIBUTION:

PUBLIC RidsAcrsAcnw_MaiiCTR Resource RidsNrrDorllpl3-1 Resource RidsNrrLAMHenderson Resource ADAMS Accession No

• ML 14006A393

.. OFFICE NRR/LPL3-1/PM NAME TWenQert (MChawla for) DATE 01/09/14 OFFICE NRR/DE/EVIB/BC NAME SRosenberQ DATE 01/16/14 Sincerely, /RAJ Thomas J. Wengert, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation LPL3-1 Reading RidsNrrDssSrxb Resource RidsNrrPMFermi2 Resource NRR/LPL3-1/LA MHenderson 01/13/14 NRR/LPL3-1/BC RCa rison 01/22/14 OFFICIAL RECORD COPY RidsNrrDeEvib Resource RidsRgn3MaiiCe.nter Resource MHardgrove, NRR NRR/SRXB/BC CJackson 01/15/14 NRR/LPL3-1/PM TWenQert 01/23/14