ML13079A361
| ML13079A361 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 02/15/2013 |
| From: | Dougherty T J Exelon Generation Co, Exelon Nuclear |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| Download: ML13079A361 (6) | |
Text
Exelon Nuclear Limerick Generating Station Eo Generato3146 Sanatoga Road ,. Generation34 Pottstown.
PA19464 610 718 3324 Fax T.S. 6.9.1.12 February 15, 2013 U. S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555 Limerick Generating Station, Unit 1 Facility Operating License No. NPF-39 NRC Docket Nos. 50-352
Subject:
Issuance of the Core Operating Limits Report For Cycle 15 Revision 10 Enclosed is a copy of the Core Operating Limits Report (COLR) for Limerick Generating Station (LGS)Unit 1 Reload 14 Cycle 15 Revision 10 which incorporates the revised cycle specific parameters resulting from the update of the Loss of Stator Cooling event for LGS, Unit 1.The COLR is being submitted to the NRC in accordance LGS, Unit 1 Technical Specification 6.9.1.12.Enclosure 1 contains an affidavit from Global Nuclear Fuels-Americas which provides the basis for withholding Enclosure 2 from public disclosure.
Enclosure 2 contains the COLR with an Appendix A -Proprietary Class Ill (Confidential) which contains confidential information from a private company, the disclosure of which would constitute a release of commercial information.
Therefore, the information in Enclosure 2 Appendix A (confidential) is being submitted to the Commission with a request that it be withheld from public disclosure in accordance with 1 OCFR2.390(a)(4).
Enclosure 3 contains the COLR with an Appendix A-Proprietary Class I (Public) which is releasable to the public.If you have any questions or require additional information, please do not hesitate to contact us.Sincerely, Thomas J. Dougherty Site Vice President-LGS Exelon Generation Company, LLC Enclosure 1: Affidavit-Global Nuclear Fuels-Americas Enclosure 2: Unit 1 COLR for Cycle 15 Rev. 10 Appendix A Proprietary Class III (Confidential)
Enclosure 3: Unit 1 COLR for Cycle 15 Rev. 10 Appendix A Non-Proprietary Information-Class I (Public)cc: W. Dean, Administrator, Region I, USNRC E. DiPaolo, USNRC Sr. Resident Inspector, LGS R. Ennis, USNRC Project Manager for LGS R. R. Janati, PADEP-BRP boc: T. Dougherty-GML-5 D. Lewis-GML-5 R. Kreider4-ML-5 C. H-oifman-SSB 4-2 R. Dl-kimon-SSB 2-4 0. Helker-KSA A. Donell KSA M. Murphy-PADEP BRP (888 2-4).: , , 1 ., i 1 :4 ENCLOSURE I AFFIDAVIT GLOBAL NUCLEAR FUEL AMERICAS Affidavit for COLR Limerick I Rev. 10 Global Nuclear Fuel -Americas AFFIDAVIT I, Lukas Trosman, state as ibliows: (1) 1 am Engineering Manager, Reload Design and Analysis, Global Nuclear Fuel -Americas, LLC (GNF-A), and have been delegated the function of reviewing the information described in paragraph (2) which is sought to be withheld, and have been authorized to apply for its withholding.
(2) The information sought to be withheld is contained in GNF-A proprietary report 0000-0131-9339-FBIR-P, Fuel Bundle Information Report for Limerick Unit I Reload 14 Cycle 15, Revision 0, January 2012. GNF-A proprietary information in 0000-0131-9339-FBIR-P, Fuel Bundle Information Report for Limerick Unit 1 Reload 14 Cycle 15, Revision 0, January 2012 is identified by a dotted underline inside double square brackets.
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3 1.]] Figures and large equation objects are identified with double square brackets before and after the object. In each case, the superscript notation 131 refers to Paragraph (3) of this affidavit, which provides the basis for the proprietary determination.
(3) In making this application for withholding of proprietary information of which it is the owner or licensee, GNF-A relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC Sec. 552(b)(4), and the Trade Secrets Act, 18 USC Sec. 1905, and NRC regulations 10 CFR 9.17(a)(4), and 2.390(a)(4) for "trade secrets" (Exemption 4). The material for which exemption from disclosure is here sought also qualify under the narrower definition of "trade secret", within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Energy Proiect v. Nuclear Regulatory Commission.
975 F2d 871 (DC Cir. 1992), and Public Citizen Health Research Group v. FDA 704 F2d 1280 (DC Cir. 1983).(4) Some examples of categories of information which fit into the definition of proprietary information are: a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-A's competitors without license from GNF-A constitutes a competitive economic advantage over other companies;
- b. Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product;c. Information which reveals aspects of past, present, or future GNF-A customer-funded development plans and programs, resulting in potential products to GNF-A;d. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
0000-0131-9339-FBIR-P Affidavit Page I of 3 Affidavit for COLR Limerick I Rev;w1O The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs (4)a. and (4)b. above.(5) To address 10 CFR 2.390 (b) (4), the information sought to be withheld is being submitted to NRC in confidence.
The information is of a sort customarily held in confidence by GNF-A, and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by GNF-A, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties including any required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.
Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in paragraphs (6) and (7)following.
(6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge, or subject to the terms under which it was licensed to GNF-A. Access to such documents within GNF-A is limited on a "need to know" basis.(7) The procedure for approval of external release of such a document typically requires review by the staff manager, project manager, principal scientist or other equivalent authority, by the manager of the cognizant marketing function (or his delegate), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation.
Disclosures outside GNF-A are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.
(8) The information identified in paragraph (2) is classified as proprietary because it contains details of GNF-A's fuel design and licensing methodology.
The development of this methodology, along with the testing, development and approval was achieved at a significant cost to GNF-A.The development of the fuel design and licensing methodology along with the interpretation and application of the analytical results is derived from an extensive experience database that constitutes a major GNF-A asset.(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GNF-A's competitive position and foreclose or reduce the availability of profit-making opportunities.
The information is part of GNF-A'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 0000-0131-9339-FBIR-P Affidavit Page 2 of 3 Affidavit for COLR Limerick 1 Rev. 10 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 GNF-A.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.
GNF-A's competitive advantage will be lost if its competitors are able to use the results of the GNF-A 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 GNF-A 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 GNF-A 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.I declare under penalty of perjury that the foregoing affidavit and the matters stated therein are true and correct to the best of my knowledge, information, and belief.Executed on this I lth day of January 2012.Lukas Trosman Engineering Manager, Reload Design and Analysis Global Nuclear Fuel -Americas, LLC 0000-01 31-9339-FBIR-P Affidavit Page 3) of 3