ML14246A254

Browns Ferry Nuclear Plant, Unit 2 - 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 J 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 iAugust 29, 201410 CFR 50.4ATTN: Document Control DeskU.S. Nuclear Regulatory CommissionWashington, D.C. 20555-0001Browns Ferry Nuclear Plant, Unit 2Renewed Facility Operating License No. DPR-52NRC Docket No.50-260Subject: Supplemental Response to NRC Requests for Additional InformationRegarding 10 CFR 50 Appendix H Status Update for Browns FerryNuclear Plant, Unit 2 (TAC No. MF3340)References: 1. Letter from TVA to NRC, "10 CFR 50 Appendix H Status Update forBrowns Ferry Nuclear Plant, Unit 2," dated December 27, 2013(ADAMS Accession No. ML14008A108)2. Letter from TVA to NRC, "Response to NRC Request for AdditionalInformation Regarding 10 CFR 50 Appendix H Status Update for BrownsFerry 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 AdditionalInformation Regarding 10 CFR 50 Appendix H Status Update for BrownsFerry 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 forAdditional Information Regarding 10 CFR 50 Appendix H Status Updatefor 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 thenon-conservative BFN, Unit 2, Pressure-Temperature (P-T) Curves.By letters dated April 16, 2014 (Reference 2) and May 29, 2014 (Reference 3), TVAsubmitted 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 additionaldetails 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 CommissionPage 2August 29, 2014documents, In a subsequent telecom with NRC, two additional figures from the evaluationof the Browns Ferry Unit 2 1200 Surveillance Capsule Data were requested. Enclosure 1contains these two figures.Enclosure 1 to this letter contains information that EPRI considers to be proprietary in natureand subsequently, pursuant to 10 CFR 2.390, "Public inspections, exceptions, request forwithholding," paragraph (a)4, it is requested that such information be withheld from publicdisclosure. Enclosure 1 is EPRI-proprietary in its entirety, and therefore, no public version isprovided. Enclosure 2 provides the affidavit supporting the request.There are no new regulatory commitments contained in this submittal. Please address anyquestions regarding this submittal to Mr. Jamie L. Paul at (256) 729-2636.Respectfully,K J. P onSite Vice PresidentBrowns Ferry Nuclear PlantEnclosures:1. Figures B-1-3 and B-1-4 from "Evaluation of the Browns Ferry Unit 2 1200Surveillance Capsule Data," BWR Vessels & Internals Project (BWRVIP),2013-050, April 10, 2013 (EPRI Proprietary)2. EPRI Affidavitcc (Enclosures):NRC Regional Administrator -Region IINRC Senior Resident Inspector -Browns Ferry Nuclear PlantNRC Project Manager -Browns Ferry Nuclear Plant ENCLOSURE2Enclosed is the affidavit supporting the request to withhold proprietary information(included in Enclosure 1) from the public.E2-1 ii~i~iiELECTRIC POWERsf a IRESEARCH INSTITUTEKurt EdsingerDirector, PWR &8WR MaterialsAugust 21, 2014Document Control DeskOffice of Nuclear Reactor RegulationU.S. Nuclear Regulatory CommissionWashington, DC 20555-0001Subject: Request for Withholding of the following Proprietary Information Included in:Report by TVA called "Supplemental Response to NRC Requests for Additional Information Regarding 10CFR 50 Appendix H Status Update for Browns FerryNuclear Plant, Unit 2" (TAC No MF3340)To Whom It May Concern:This is a request under 10 C.F.R. §2.390(a)(4) that the U.S. Nuclear Regulatory Commission ("NRC") withholdfrom public disclosure certain identified proprietary information, which is owned by Electric Power ResearchInstitute, 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 theProprietary Information contained in the Report in confidence and only for the purpose of assisting NRC reviewTVA's submittal. The Proprietary Information is not to be divulged to anyone outside of the NRC or to any of itscontractors, nor shall any copies be made of the Proprietary Information provided herein. EPRI welcomes anydiscussions and/or questions relating to the information enclosedIf you have any questions about the legal aspects of this request for withholding, please do not hesitate tocontact me at (650) 855-2271. Questions on the content of the Report should be directed to Andy McGehee ofEPRI at (704) 502-6440.Sincerely,Together ...Shaping the Future of Electricity1300 West W.T. Harris Boulevard, Charlotte, NC 28262-8550 USA

• 704.595.2732

• Mobile 704.490.2653

• nwilmshursl@epricom I I ELECTRIC POWERRESEARCH INSTITUTEAFFIDAVITRE: Request for Withholding of the Following Proprietary Information Included In:Report by TVA called "Supplemental Response to NRC Requests for Additional Information Regarding 10CFR 50 Appendix H Status Update for Browns FerryNuclear 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 principaloffice is located at 3240 Hillview Avenue, Palo Alto, CA. ("EPR") and I have been specifically delegatedresponsibility for the above-listed report that contains EPRI Proprietary Information that is sought under thisAffidavit to be withheld "Proprietary Information". I am authorized to apply to the U.S. Nuclear RegulatoryCommission ("NRC") for the withholding of the Proprietary Information on behalf of EPRI.Tables containing EPRI Proprietary Information are identified with double square brackets before andafter the object. In each case, the superscript notation (E) refers to this affidavit as the basis for the proprietarydetermination.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 FinancialInformation (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 byEPRI. All entities accepting copies of the Proprietary Information do so subject to written agreements imposingan obligation upon the recipient to maintain the confidentiality of the Proprietary Information. The ProprietaryInformation is disclosed only to parties who agree, in writing, to preserve the confidentiality thereof.b. EPRI considers the Proprietary Information contained therein to constitute tradesecrets of EPRI. As such, EPRI holds the Information in confidence and disclosure thereof is strictly limited toindividuals and entities who have agreed, in writing, to maintain the confidentiality of the Information.c. The information sought to be withheld is considered to be proprietary for the followingreasons. EPRI made a substantial economic investment to develop the Proprietary Information and, byprohibiting public disclosure, EPRI derives an economic benefit in the form of licensing royalties and otheradditional fees from the confidential nature of the Proprietary Information. If the Proprietary Information werepublicly available to consultants and/or other businesses providing services in the electric and/or nuclear powerindustry, they would be able to use the Proprietary Information for their own commercial benefit and profit andwithout expending the substantial economic resources required of EPRI to develop the Proprietary Information.d. EPRI's classification of the Proprietary Information as trade secrets is justified by theUniform Trade Secrets Act which California adopted in 1984 and a version of which has been adopted by overforty states. The California Uniform Trade Secrets Act, California Civil Code §§3426 -3426.11, defines a "tradesecret" 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 beinggenerally known to the public or to other persons who can obtain economicvalue from its disclosure or use; and(2) Is the subject of efforts that are reasonable under the circumstances tomaintain its secrecy."e. The Proprietary Information contained therein are not generally known or available tothe public, EPRI developed the Information only after making a determination that the Proprietary Informationwas not available from public sources. EPRI made a substantial investment of both money and employee hoursin the development of the Proprietary Information. EPRI was required to devote these resources and effort toderive the Proprietary Information. As a result of such effort and cost, both in terms of dollars spent anddedicated employee time, the Proprietary Information is highly valuable to EPRI.f. A public disclosure of the Proprietary Information would be highly likely to causesubstantial harm to EPRI's competitive position and the ability of EPRI to license the Proprietary Informationboth domestically and internationally. The Proprietary Information can only be acquired and/or duplicated byothers 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 ofAmerica and under the laws of the State of California.Executed at 3420 Hillview Avenue being the premises and place of business of Electric Power ResearchInstitute, IncDate: ___Kurt E(State of California)(County of Santa Clara)Subs ,cbed and .- ,,frn ~ or affirmed) before me on thisc.;_day of -, 20._R bythe,, proved to me on the basis of s~tisfactory evidence to bewhoappeared beforme.Signature .7,20 (Seal)My Commission Expires cday of , .,Z , 20L.BERTE A. DAHLCOMM.# 1926383SAOTAR CLAACWMITRtAMy Cowa Exp. 9m. 20, 2015