ML14274A002

Request by GE-HITACHI Nuclear Energy Americas LLC to Withhold Information from Public Disclosure (TAC No. MF3270)

ML14274A002
Person / Time
Site:	LaSalle
Issue date:	11/24/2014
From:	Purnell B A Plant Licensing Branch III
To:	Pacilio M J Exelon Generation Co, Exelon Nuclear
Blake Purnell, NRR/DORL 415-1380
References
TAC MF3270
Download: ML14274A002 (6)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Michael J. Pacilio Senior Vice President Exelon Generation Company, LLC President and Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555 November 24, 2014

SUBJECT:

LASALLE COUNTY STATION, UNIT 1-REQUEST BY GE-HITACHI NUCLEAR ENERGY AMERICAS LLC TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MF3270)

Dear Mr. Pacilio:

By application to the U.S. Nuclear Regulatory Commission (NRC) dated December 20, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML 13358A354), Exelon Generation Company, LLC (Exelon) submitted a license amendment request to revise the reactor coolant system (RCS) pressure and temperature (PIT) curves, Figures 3.4.11-1 through 3.4.11-3 of technical specification (TS) 3.4.11, "RCS Pressure and Temperature (PIT) Limits," for LaSalle County Station (LSCS), Unit 1. As requested by the NRC staff, the application included Exelon's response to an NRC request for additional information (RAI) originally issued to Grand Gulf Nuclear Station, Unit 1 (GGNS). The application also included an affidavit from GE-Hitachi Nuclear Energy Americas LLC (GEH) requesting that specified information be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 2, Section 2.390. The information GEH considered to be proprietary was included in Exelon's response to GGNS RAI #7, #8, and #9. By letter dated August 25, 2014 (ADAMS Accession No. ML 14219A756), the NRC staff issued an RAI regarding the GEH request. By letter dated September 11, 2014 (ADAMS Accession No. ML 14258A038), as supplemented by letter dated October 14, 2014 (ADAMS Accession No. ML 14288A 151 ), Exelon provided a response to this RAI and revised proprietary and nonproprietary versions of the GGNS RAI #7 and #9 responses which supersede the responses included with the application.

The September 11 and October 14, 2014, letters included new affidavits from GEH requesting that specified information be withheld from public disclosure pursuant to 10 CFR 2.390. As discussed in detail below, the NRC staff has reviewed the December 20, 2013, application, as supplemented by letters dated September 11 and October 14, 2014, in accordance with the requirements of 10 CFR 2.390. The staff determined that some of the information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

M. Pacilio GGNS RAI #7 The GGNS RAI #7 response provided by Exelon on October 14, 2014, supersedes the responses previously provided on December 20, 2013, and September 11, 2014. The October 14, 2014, letter included a new affidavit dated October 3, 2014, executed by James F. Harrison of GEH requesting that marked information contained in the following document be withheld from public disclosure pursuant to 10 CFR 2.390:

• Enclosure 1 of GEH letter GE-001 N8608-01, "GEH Revised Response PT Curve RAI 7," dated October 3, 2014. The October 14, 2014, letter from Exelon states that the GEH proprietary information was faithfully reproduced in the proprietary enclosure to the letter. The October 3, 2014, GEH affidavit stated that the information identified in Enclosure 1 of GEH letter GE-001 N8608-01 should be considered exempt from mandatory public disclosure for the following reasons: 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;

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. The NRC staff has reviewed the December 20, 2013, application, as supplemented by letters dated September 11 and October 14, 2014, in accordance with the requirements of 10 CFR 2.390. The NRC staff noted in its August 25, 2014, letter, that Exelon's December 20, 2013, response to GGNS RAI #7 contained information which GEH requested to be withheld from the public that appeared to be included in the proposed TS 3.4.11. The September 11, 2014, response from Exelon included a statement that GEH acknowledged that two temperature values had previously been published and that GEH did not consider them to be proprietary outside the discussion of the methodology contained in the second and third paragraphs of the response to GGNS RAI #7. The staff noted that the October 14, 2014, revised response to GGNS RAI #7, included the 42 degrees Fahrenheit

(°F) and 47 oF temperature values in the publicly available version. The NRC staff noted that the fourth paragraph of the September 11, 2014, response to GGNS RAI #7 contains the following statement: "where 47 oF [[is the limiting initial RT NoT for the bottom head<3 l]] materials." With the September 11, 2014, letter, GEH claimed that the information contained in the double brackets was proprietary.

However, all three proposed figures forTS 3.4.11 contain the following statement which is publicly available: "Initial RT NOT values are ... 47 oF for bottom head." The staff considers the two statements to be substantially similar and discussed this concern with Exelon. Following this discussion, Exelon submitted the revised response on October 14, 2014, and GEH no longer claims the statement above is proprietary.

M. Pacilio On the basis of the statements in the October 3, 2014, GEH affidavit, the NRC staff has determined that the information in the October 14, 2014, Exelon response sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the information marked as proprietary in the October 14, 2014, Exelon response will be withheld from public disclosure pursuant to 10 CFR 2.390 and Section 1 03(b) of the Atomic Energy Act of 1954, as amended. GGNS RAI #8 The December 20, 2013, application included an affidavit dated April 5, 2013, executed by Linda C. Dolan of GEH requesting that marked information contained in the following document be withheld from public disclosure pursuant to 10 CFR 2.390:

• Enclosure 2 of GEH letter GEH-LCGS-EPU-372, "Exelon Responses to PT Curve RAis and PTLR Evaluation," dated April 5, 2013. The application states that the GEH proprietary information was faithfully reproduced by Exelon in the proprietary enclosures to the application.

The April 5, 2013, GEH affidavit stated that the information identified in Enclosure 2 to LCGS-EPU-372 should be considered exempt from mandatory public disclosure for the following reasons: 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;

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. The NRC staff has reviewed the December 20, 2013, application and the material in accordance with the requirements of 10 CFR 2.390. On the basis of the statements in the April 5, 2013, GEH affidavit, the staff has determined that the information in the GGNS RAI #8 response sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the information marked as proprietary in the GGNS RAI #8 response will be withheld from public disclosure pursuant to 10 CFR 2.390 and Section 1 03(b) of the Atomic Energy Act of 1954, as amended. GGNS RAI #9 The GGNS RAI #9 response provided by Exelon on September 11, 2014, supersedes the response previously provided on December 20, 2013. The September 11, 2014, letter included a new affidavit dated August 29, 2014, executed by Linda C. Dolan of GEH requesting that marked information contained in the following document be withheld from public disclosure pursuant to 10 CFR 2.390:

• Enclosure 2 of GEH letter GE-001 N8608, "GEH Responses to Draft RAis and Exelon Revised Responses to PT Curve RAis # 7 & 9," dated August 29, 2014.

M. Pacilio The September 11, 2014, letter from Exelon states that the GEH proprietary information was faithfully reproduced in the proprietary enclosure to the letter. The August 29, 2014, GEH affidavit stated that the information identified in Enclosure 2 of GEH letter GE-001 N8608 should be considered exempt from mandatory public disclosure for the following reasons: c. 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;

d. 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. The NRC staff has reviewed the December 20, 2013, application, as supplemented by letter dated September 11, 2014, in accordance with the requirements of 10 CFR 2.390. The staff noted in its August 25, 2014, letter, that Exelon's December 20, 2013, response to GGNS RAI #9 contained information which GEH requested to be withheld from the public that appeared to be publicly available in a nonproprietary version of GE Nuclear Energy report NE-0000-0003-5526-02R1, "Pressure-Temperature Curves for Exelon LaSalle Unit 1 ," Revision 1, dated May 2004. This GE Nuclear Energy report was included as Attachment 6 to an April 19, 2010, application from Exelon and is publicly available in ADAMS under Accession No. ML 101130337.

The staff noted that in the September 11, 2014, revised response to GGNS RAI #9, GEH no longer claims that the information previously made public in the GE Nuclear Energy report is proprietary.

On the basis of the statements in the August 29, 2014, GEH affidavit, the NRC staff has determined that the information in the September 11, 2014, response to GGNS RAI #9 sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the information marked as proprietary in the September 11, 2014, Exelon response to GGNS RAI #9 will be withheld from public disclosure pursuant to 10 CFR 2.390 and Section 1 03(b) of the Atomic Energy Act of 1954, as amended. Additional Considerations for Withholding 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.

M. Pacilio If you have any questions regarding this matter, I may be reached at 301-415-1380.

Docket No. 50-373 cc: Peter M. Yandow Sincerely, JJh & Blake Purnell, Project Manager Plant Licensing 111-2 and Planning and Analysis Branch Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Vice President, Nuclear Plant Projects/Services, Regulatory Affairs GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Rd. Wilmington, NC 28401 Distribution via ListServ M. Pacilio If you have any questions regarding this matter, I may be reached at 301-415-1380.

Docket No. 50-373 cc: Peter M. Yandow Sincerely, IRA/ Blake Purnell, Project Manager Plant Licensing 111-2 and Planning and Analysis Branch Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Vice President, Nuclear Plant Projects/Services, Regulatory Affairs GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Rd. Wilmington, NC 28401 Distribution via ListServ DISTRIBUTION:

PUBLIC LPL3-2 R/F RidsAcrsAcnw_MaiiCTR Resource RidsNrrPMLaSalle Resource RidsNrrDeEvib resource ADAMS Accession No* ML 14274A002

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