ML12348A287

Confirmatory Action Letter Response - Proprietary Documents

ML12348A287
Person / Time
Site:	San Onofre
Issue date:	11/28/2012
From:	St.Onge R Southern California Edison Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
Download: ML12348A287 (36)

Text

Richard 1. St. Onge Director, Nuclear Regulatory Affairs and J EDISONSOUTHERN CALIFORNIA An EDISON INTERNATIONAL Company Proprietary Information Withhold from Public Disclosure Emergency Planning November 28, 2012 10 CFR 2.390 Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

Subject:

Docket No. 50-361 Confirmatory Action Letter Response - Proprietary Documents San Onofre Nuclear Generating Station, Unit 2

References:

1. Letter from Mr. Elmo E. Collins (USNRC) to Mr. Peter T. Dietrich (SCE), dated March 27, 2012, Confirmatory Action Letter 4-12-001, San Onofre Nuclear Generating Station, Units 2 and 3, Commitments to Address Steam Generator Tube Degradation

2. Letter from Mr. Peter T. Dietrich (SCE) to Mr. Elmo E. Collins (USNRC), dated October 3, 2012, Confirmatory Action Letter - Actions to Address Steam Generator Tube Degradation, San Onofre Nuclear Generating Station, Unit 2

Dear Sir or Madam,

On March 27, 2012, the Nuclear Regulatory Commission (NRC) issued a Confirmatory Action Letter (CAL) (Reference 1) to Southern California Edison (SCE) describing actions that the NRC and SCE agreed would be completed to address issues identified in the steam generator tubes of San Onofre Nuclear Generating Station (SONGS) Units 2 and 3. In a letter to the NRC dated October 3, 2012 (Reference 2), SCE reported completion of the Unit 2 CAL actions and included a Return to Service Report (RTSR) that provided details of their completion.

The purpose of this letter is to respond to an information request from the NRC associated with the Unit 2 CAL response. Specifically, the NRC requested submittal of proprietary versions of the nonproprietary attachments to the RTSR provided in the October 3, 2012 response.

Enclosures 1 - 6 of this submittal provide the requested documents as listed in the table below.

Because the enclosures contain information that is proprietary, SCE requests that this information be withheld from public disclosure in accordance with 10 CFR 2.390(a)(4).

Enclosures 7-13 (also listed in the table) include notarized affidavits which provide the basis on which the information in each document may be withheld from public disclosure by the NRC and address with specificity the considerations listed by paragraph (b)(4) of 10 CFR 2.390.

This letter does not contain any commitments. Please call me at (949) 368-6240 should you require any further information.

Proprietary Information Withhold from Public Disclosure P.O. Box 128 Decontrolled Upon Removal From Enclosures San Clemente, CA 92672

Proprietary Information Withhold from Public Disclosure Document Control Desk November 28, 2012 Applicable RTSR Affidavit Enclosure Title Reference Enclosure(s) 1 AREVA NP Document 51-9182368-003, Attachment 2 7 and 11 SONGS 2C17 Steam Generator Condition Monitoring Report 2 AREVA NP Document 51-9180143-001 Attachment 3 8 and 13 SONGS Unit 3 February 2012 Leaker Outage Steam Generator Condition Monitoring Report 3 MHI Document L5-04GA564, Rev. 9, Tube Wear of Attachment 4 12 Unit-3 RSG - Technical Evaluation Report 4 MHI Document L5-04GA571, Rev. 6, Screening Attachment 5 12 Criteria for Susceptibility to In-Plane Tube Motion 5 AREVA NP Document 51-9182833-002, SONGS Attachment 6, 9 and 13 U2C17 Outage - Steam Generator Operational Appendix A Assessment 6 AREVA NP Document 51-9187230-000, SONGS Attachment 6, 10 and 11 U2C17 Steam Generator Operational Assessment Appendix B for Tube-to-Tube Wear 7 Affidavit by AREVA NP for Enclosure 1 (AREVA N/A N/A document 51-9182368-003) 8 Affidavit by AREVA NP for Enclosure 2 (AREVA N/A N/A document 51-9180143-001) 9 Affidavit by AREVA NP for Enclosure 5 (AREVA NP N/A N/A Document 51-9182833-002) 10 Affidavit by AREVA NP for Enclosure 6 (AREVA NP N/A N/A Document 51-9187230-000) 11 Affidavit by MHI for Enclosures 1 and 6 (AREVA N/A N/A documents 51-9182368-003 and 51-9187230-000) 12 Affidavit by MHI for Enclosures 3 and 4 (MHI N/A N/A documents L5-04GA564 and L5-04GA571) 13 Affidavit by MHI for Enclosures 2 and 5 (AREVA NP N/A N/A documents 51-9180143-001 and 51-9182833-002 Sincerely,

Enclosures:

As stated cc (w/o enclosures):

E. E. Collins, Regional Administrator, NRC Region IV R. Hall, NRC Project Manager, San Onofre Units 2 and 3 G. G. Warnick, NRC Senior Resident Inspector, San Onofre Units 2 and 3 R. E. Lantz, Branch Chief, Division of Reactor Projects, NRC Region IV Proprietary Information Withhold from Public Disclosure Decontrolled Upon Removal From Enclosures

Proprietary Information Withhold from Public Disclosure ENCLOSURE 7 Affidavit by AREVA NP for Enclosure 1 (AREVA document 51-9182368-003)

Proprietary Information Withhold from Public Disclosure

AFFIDAVIT COMMONWEALTH OF VIRGINIA )

) ss.

CITY OF LYNCHBURG )

1. My name is Gayle F. Elliott. I am Manager, Product Licensing, for AREVA NP Inc. (AREVA NP) and as such I am authorized to execute this Affidavit.

2. I am familiar with the criteria applied by AREVA NP to determine whether certain AREVA NP information is proprietary. I am familiar with the policies established by AREVA NP to ensure the proper application of these criteria.

3. I am familiar with the AREVA NP information contained in Engineering Information Record Document No. 51-9182368-003 entitled"SONGS 2C17 Steam Generator Condition Monitoring Report," dated September 2012, and referred to herein as "Document." Information contained in this Document has been classified by AREVA NP as proprietary in accordance with the policies established by AREVA NP for the control and protection of proprietary and confidential information. The proprietary information is identified by its enclosure within pairs of brackets ("[ ]").

4. This Document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by AREVA NP and not made available to the public. Based on my experience, I am aware that other companies regard information of the kind contained in this Document as proprietary and confidential.

5. This Document has been made available to the U.S. Nuclear Regulatory Commission in confidence with the request that the information contained in

this Document be withheld from public disclosure. The request for withholding of proprietary information is made in accordance with 10 CFR 2.390. The information for which withholding from disclosure is requested qualifies under 10 CFR 2.390(a)(4)

"Trade secrets and commercial or financial information."

6. The following criteria are customarily applied by AREVA NP to determine whether information should be classified as proprietary:

(a) The information reveals details of AREVA NP's research and development plans and programs or their results.

(b) Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.

(c) The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for AREVA NP.

(d) The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for AREVA NP in product optimization or marketability.

(e) The information is vital to a competitive advantage held by AREVA NP, would be helpful to competitors to AREVA NP, and would likely cause substantial harm to the competitive position of AREVA NP.

The information in this Document is considered proprietary for the reasons set forth in paragraphs 6(b) and 6(c) above.

7. In accordance with AREVA NP's policies governing the protection and control of information, proprietary information contained in this Document has been

made available, on a limited basis, to others outside AREVA NP only as required and under suitable agreement providing for nondisclosure and limited use of the information.

8. AREVA NP policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.

9. The foregoing statements are true and correct to the best of my knowledge, information, and belief.

SUBSCRIýRP before me this . IL day of 1 2012.

Kathleen Ann Bennett NOTARY PUBLIC, COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES: 8/31/15 Reg. # 110864

Proprietary Information Withhold from Public Disclosure ENCLOSURE 8 Affidavit by AREVA NP for Enclosure 2 (AREVA document 51-9180143-001)

Proprietary Information Withhold from Public Disclosure

AFFIDAVIT COMMONWEALTH OF VIRGINIA )

) ss.

CITY OF LYNCHBURG )

1. My name is Gayle F. Elliott. I am Manager, Product Licensing, for AREVA NP Inc. (AREVA NP) and as such I am authorized to execute this Affidavit.

2. I am familiar with the criteria applied by AREVA NP to determine whether certain AREVA NP information is proprietary. I am familiar with the policies established by AREVA NP to ensure the proper application of these criteria.

3. I am familiar with the AREVA NP information contained in Engineering Information Record Document No. 51-9180143-001 entitled "SONGS Unit 3 February 2012 Leaker Outage - Steam Generator Condition Monitoring Report," and referred to herein as "Document." Information contained in this Document has been classified by AREVA NP as proprietary in accordance with the policies established by AREVA NP for the control and protection of proprietary and confidential information. The proprietary information is identified by its enclosure within pairs of brackets ("[ ]").

4. This Document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by AREVA NP and not made available to the public. Based on my experience, I am aware that other companies regard information of the kind contained in this Document as proprietary and confidential.

5. This Document has been made available to the U.S. Nuclear Regulatory Commission in confidence with the request that the information contained in

I . I this Document be withheld from public disclosure. The request for withholding of proprietary information is made in accordance with 10 CFR 2.390. The information for which withholding from disclosure is requested qualifies under 10 CFR 2.390(a)(4)

"Trade secrets and commercial or financial information."

6. The following criteria are customarily applied by AREVA NP to determine whether information should be classified as proprietary:

(a) The information reveals details of AREVA NP's research and development plans and programs or their results.

(b) Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.

(c) The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for AREVA NP.

(d) The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for AREVA NP in product optimization or marketability.

(e) The information is vital to a competitive advantage held by AREVA NP, would be helpful to competitors to AREVA NP, and would likely cause substantial harm to the competitive position of AREVA NP.

The information in this Document is considered proprietary for the reasons set forth in paragraphs 6(b) and 6(c) above.

7. In accordance with AREVA NP's policies governing the protection and control of information, proprietary information contained in this Document has been

made available, on a limited basis, to others outside AREVA NP only as required and under suitable agreement providing for nondisclosure and limited use of the information.

8. AREVA NP policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.

9. The foregoing statements are true and correct to the best of my knowledge, information, and belief.

SUBSCRIBED before me this___

day of k a2012.

Kathleen Ann Bennett NOTARY PUBLIC, COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES: 8/31/15 Reg. # 110864

Proprietary Information Withhold from Public Disclosure ENCLOSURE 9 Affidavit by AREVA NP for Enclosure 5 (AREVA NP Document 51-9182833-002)

Proprietary Information Withhold from Public Disclosure

AFFIDAVIT COMMONWEALTH OF VIRGINIA )

) ss.

CITY OF LYNCHBURG )

1. My name is Gayle F. Elliott. I am Manager, Product Licensing, for AREVA NP Inc. (AREVA NP) and as such I am authorized to execute this Affidavit.

2. I am familiar with the criteria applied by AREVA NP to determine whether certain AREVA NP information is proprietary. I am familiar with the policies established by AREVA NP to ensure the proper application of these criteria.

3. I am familiar with the AREVA NP information contained in Engineering Information Record Document No. 51-9182833-002 entitled "SONGS U2C17 Outage -

Steam Generator Operational Assessment," and referred to herein as "Document."

Information contained in this Document has been classified by AREVA NP as proprietary in accordance with the policies established by AREVA NP for the control and protection of proprietary and confidential information. The proprietary information is identified by its enclosure within pairs of brackets ("[ ]").

4. This Document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by AREVA NP and not made available to the public. Based on my experience, I am aware that other companies regard information of the kind contained in this Document as proprietary and confidential.

5. This Document has been made available to the U.S. Nuclear Regulatory Commission in confidence with the request that the information contained in

this Document be withheld from public disclosure. The request for withholding of proprietary information is made in accordance with 10 CFR 2.390. The information for which withholding from disclosure is requested qualifies under 10 CFR 2.390(a)(4)

"Trade secrets and commercial or financial information."

6. The following criteria are customarily applied by AREVA NP to determine whether information should be classified as proprietary:

(a) The information reveals details of AREVA NP's research and development plans and programs or their results.

(b) Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.

(c) The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for AREVA NP.

(d) The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for AREVA NP in product optimization or marketability.

(e) The information is vital to a competitive advantage held by AREVA NP, would be helpful to competitors to AREVA NP, and would likely cause substantial harm to the competitive position of AREVA NP.

The information in this Document is considered proprietary for the reasons set forth in paragraphs 6(b) and 6(c) above.

7. In accordance with AREVA NP's policies governing the protection and control of information, proprietary information contained in this Document has been

made available, on a limited basis, to others outside AREVA NP only as required and under suitable agreement providing for nondisclosure and limited use of the information.

8. AREVA NP policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.

9. The foregoing statements are true and correct to the best of my knowledge, information, and belief.

SUBSCRIBE before me this day of 2012.

Kathleen Ann Bennett NOTARY PUBLIC, COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES: 8/31/15 Reg. # 110864 KATfiLEEN ANN 9ENNETT My COMmlasj., Expireaf Au. -31. 2015

Proprietary Information Withhold from Public Disclosure ENCLOSURE 10 Affidavit by AREVA NP for Enclosure 6 (AREVA NP Document 51-9187230-000)

Proprietary Information Withhold from Public Disclosure

AFFIDAVIT COMMONWEALTH OF VIRGINIA )

) ss.

CITY OF LYNCHBURG

1. My name is Gayle F. Elliott. I am Manager, Product Licensing, for AREVA NP Inc. (AREVA NP) and as such I am authorized to execute this Affidavit.

2. I am familiar with the criteria applied by AREVA NP to determine whether certain AREVA NP information is proprietary. I am familiar with the policies established by AREVA NP to ensure the proper application of these criteria.

3. I am familiar with the AREVA NP information contained in Engineering Information Record Document No. 51-9187230-000 entitled "SONGS U2C17 Steam Generator Operational Assessment for Tube-to-Tube Wear," and referred to herein as "Document." Information contained in this Document has been classified by AREVA NP as proprietary in accordance with the policies established by AREVA NP for the control and protection of proprietary and confidential information. The proprietary information is identified by its enclosure within pairs of brackets ("[ ]").

4. This Document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by AREVA NP and not made available to the public. Based on my experience, I am aware that other companies regard information of the kind contained in this Document as proprietary and confidential.

5. This Document has been made available to the U.S. Nuclear Regulatory Commission in confidence with the request that the information contained in

this Document be withheld from public disclosure. The request for withholding of proprietary information is made in accordance with 10 CFR 2.390. The information for which withholding from disclosure is requested qualifies under 10 CFR 2.390(a)(4)

"Trade secrets and commercial or financial information."

6. The following criteria are customarily applied by AREVA NP to determine whether information should be classified as proprietary:

(a) The information reveals details of AREVA NP's research and development plans and programs or their results.

(b) Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.

(c) The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for AREVA NP.

(d) The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for AREVA NP in product optimization or marketability.

(e) The information is vital to a competitive advantage held by AREVA NP, would be helpful to competitors to AREVA NP, and would likely cause substantial harm to the competitive position of AREVA NP.

The information in this Document is considered proprietary for the reasons set forth in paragraphs 6(b) and 6(c) above.

7. In accordance with AREVA NP's policies governing the protection and control of information, proprietary information contained in this Document has been

made available, on a limited basis, to others outside AREVA NP only as required and under suitable agreement providing for nondisclosure and limited use of the information.

8. AREVA NP policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.

9. The foregoing statements are true and correct to the best of my knowledge, information, and belief.

SUBSCRI be re me this day of _ y__________rem __ 2012.

Kathleen Ann Bennett NOTARY PUBLIC, COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES: 8/31/15 Reg. # 110864

Proprietary Information Withhold from Public Disclosure ENCLOSURE 11 Affidavit by MHI for Enclosures 1 and 6 (AREVA documents 51-9182368-003 and 51-9187230-000)

Proprietary Information Withhold from Public Disclosure

MITSUBISHI HEAVY INDUSTRIES, LTD.

AFFIDAVIT I, Jinichi Miyaguchi, state as follows:

1. I am Director, Nuclear Plant Component Designing Department, of Mitsubishi Heavy Industries, Ltd. (MHI"), and have been delegated the function of reviewing the referenced AREVAs technical documentations to determine whether they contain MHI's information that should be withheld from public disclosure pursuant to 10 C.F.R. § 2.390 (a)(4) as trade secrets and commercial or financial information that is privileged or confidential.

2. In accordance with my responsibilities, I have reviewed AREVAs documents, 51-9177491-000, 51-9180144-000, 51-9187230-000 and 51-9182368-003, and have determined that they contain MHI proprietary information that should be withheld from public disclosure. Those pages containing proprietary information have been bracketed with an open and closed bracket as shown here "[ ]" / and should be withheld from public disclosure pursuant to 10 C.F.R. § 2.390 (a)(4).

3. The information identified as proprietary in the documents has in the past been, and will continue to be, held in confidence by MHI and its disclosure outside the company is limited to regulatory bodies, customers and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and is always subject to suitable measures to protect it from unauthorized use or disclosure.

4. The basis for holding the referenced information confidential is that it describes unique design, manufacturing, experimental and investigative information developed by MHI and not used in the exact form by any of MHI's competitors. This information was developed at significant cost to MHI, since it is the result of an intensive MHI effort.

5. The referenced information was furnished to the Nuclear Regulatory Commission

("NRC") in confidence and solely for the purpose of information to the NRC staff.

6. The referenced information is not available in public sources and could not be gathered readily from other publicly available information. Other than through the provisions in paragraph 3 above, MHI knows of no way the information could be lawfully acquired by organizations or individuals outside of MHI.

7. Public disclosure of the referenced information would assist competitors of MHI in their design and manufacture of nuclear plant components without incurring the costs or risks associated with the design and the manufacture of the subject component. Therefore, disclosure of the information contained in the referenced document would have the following negative impacts on the competitive position of MHI in the U.S. and world nuclear markets:

A. Loss of competitive advantage due to the costs associated with development of technologies relating to the component design, manufacture and examination.

Providing public access to such information permits competitors to duplicate or mimic the methodology without incurring the associated costs.

B. Loss of competitive advantage of MHI's ability to supply replacement or new heavy components such as steam generators.

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.

E eD t is 1- 0 i Ciez, "'I /

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'..'Jinichi Mlyaguchi, V/

Director- Nuclear Plant Component Designing Department Mitsubishi Heavy Industries, LTD Sworn to and subscribed Before me this da yNOy of Ykete-Ibbk-2012 7' Notary Public SEP 28,201Z 2

293 My Commission Expires

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Registerd Number 293 Date SEP.28.2012 NOTARIAL CERTIFICATE This is to certify that JINICHI MIYAGUCHI , Director-Nuclear Plant Component Designing Department MITSUBISHI HEAVY INDUSTRIES, LTD has affixed his signature in my very presence to the attached document.

MASAHIKO KUBOTA Notary 44 Akashimachi, Chuo-Ku, Kobe, Japan Kobe District Legal Affairs Bureau (MPM2)

Proprietary Information Withhold from Public Disclosure ENCLOSURE 12 Affidavit by MHI for Enclosures 3 and 4 (MHI documents L5-04GA564 and L5-04GA571)

Proprietary Information Withhold from Public Disclosure

MITSUBISHI HEAVY INDUSTRIES, LTD.

AFFIDAVIT I, Jinichi Miyaguchi, state as follows:

1. I am Director, Nuclear Plant Component Designing Department, of Mitsubishi Heavy Industries, Ltd. ("MHI"), and have been delegated the function of reviewing the referenced MHI technical documentation to determine whether it contains information that should be withheld from public disclosure pursuant to 10 C.F.R. § 2.390 (a)(4) as trade secrets and commercial or financial information that is privileged or confidential.

2. In accordance with my responsibilities, I have determined that the following MHI documents and drawings contain MHI proprietary information that should be withheld from public disclosure pursuant to 10 C.F.R. § 2.390 (a)(4). The drawings in their entirety are proprietary and those pages of the documents containing proprietary information have been bracketed with an open and closed bracket as shown here"[ ]" / and should be withheld from public disclosure.

MHI documents and drawings Document: L5-04GA561, L5-04GA564, L5-04GA571, L5-04GA585, L5-04GA591 Drawings: L5-04FUL101 thru 108

3. The information identified as proprietary in the enclosed document has in the past been, and will continue to be, held in confidence by MHI and its disclosure outside the company is limited to regulatory bodies, customers and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and is always subject to suitable measures to protect it from unauthorized use or disclosure.

4. The basis for holding the referenced information confidential is that it describes unique design, manufacturing, experimental and investigative information developed by MHI and not used in the exact form by any of MHI's competitors. This information was developed at significant cost to MHI, since it is the result of an intensive MHI effort.

5. The referenced information was furnished to the Nuclear Regulatory Commission

("NRC") in confidence and solely for the purpose of information to the NRC staff.

6. The referenced information is not available in public sources and could not be gathered readily from other publicly available information. Other than through the provisions in paragraph 3 above, MHI knows of no way the information could be lawfully acquired by-organizations or individuals outside of MHI.

7. Public disclosure of the referenced information would assist competitors of MHI in their design and manufacture of nuclear plant components without incurring the costs or risks associated with the design and the manufacture of the subject component. Therefore, disclosure of the information contained in the referenced document would have the following negative impacts on the competitive position of MHI in the U.S. and world nuclear markets:

A. Loss of competitive advantage due to the costs associated with development of technologies relating to the component design, manufacture and examination.

Providing public access to such information permits competitors to duplicate or mimic the methodology without incurring the associated costs.

B. Loss of competitive advantage of MHI's ability to supply replacement or new heavy components such as steam generators.

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 2 day of _Jr.g . 2012.

Jinichi Miyaguchi, /

Director- Nuclear Plant Component Designing Department Mitsubishi Heavy Industries, LTD 2200-AUG. -2,2012 N O-0T A~ i 44 Aashin iv Chic -ki.

Kobe' Jc"Jif Sworn to and subscribed Before me this 2 day of A14 U 3 . 2012 Notary Public My Commission Expires

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Registered Number 2 2 0 Date h[i G,-2. 2012 NOTARIAL CERTIFICATE This is to certify that JINICHI MIYAGUCHI , Director-Nuclear Plant Component Designing Department MITSUBISHI HEAVY INDUSTRIES, LTD has affixed his signature in my very presence to t hg attached document. K AjysBureau MASAHIKO KUBOTA Notary 44 Akashimachi, Chuo-Ku, Kobe, Japan Kobe District Legal Affairs Bureau (NIN2)

Proprietary Information Withhold from Public Disclosure ENCLOSURE 13 Affidavit by MHI for Enclosures 2 and 5 (AREVA NP documents 51-9180143-001 and 51-9182833-002 Proprietary Information Withhold from Public Disclosure

MITSUBISHI HEAVY INDUSTRIES, LTD.

AFFIDAVIT I, Jinichi Miyaguchi, state as follows:

1. I am Director, Nuclear Plant Component Designing Department, of Mitsubishi Heavy Industries, Ltd. ("MHI"), and have been delegated the function of reviewing the referenced AREVA's technical documentations to determine whether they contain MHI's information that should be withheld from public disclosure pursuant to 10 C.F.R. § 2.390 (a)(4) as trade secrets and commercial or financial information that is privileged or confidential.

2. In accordance with my responsibilities, I have reviewed AREVA's documents, 51-9180143 and 51-9182833, and have determined that they contain MHI proprietary information that should be withheld from public disclosure. Those pages containing proprietary information have been bracketed with an open and closed bracket as shown here "[ ]"/

and should be withheld from public disclosure pursuant to 10 C.F.R. § 2.390 (a)(4).

3. The information identified as proprietary in the documents has in the past been, and will continue to be, held in confidence by MHI and its disclosure outside the company is limited to regulatory bodies, customers and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and is always subject to suitable measures to protect it from unauthorized use or disclosure.

4. The basis for holding the referenced information confidential is that it describes unique design, manufacturing, experimental and investigative information developed by MHI and not used in the exact form by any of MHI's competitors. This information was developed at significant cost to MHI, since it is the result of an intensive MHI effort.

5. The referenced information was furnished to the Nuclear Regulatory Commission

("NRC") in confidence and solely for the purpose of information to the NRC staff.

6. The referenced information is not available in public sources and could not be gathered readily from other publicly available information. Other than through the provisions in paragraph 3 above, MHI knows of no way the information could be lawfully acquired by organizations or individuals outside of MHI.

7. Public disclosure of the referenced information would assist competitors of MHI in their design and manufacture of nuclear plant components without incurring the costs or risks associated with the design and the manufacture of the subject component. Therefore, disclosure of the information contained in the referenced document would have the following negative impacts on the competitive position of MHI in the U.S. and world nuclear markets:

A. Loss of competitive advantage due to the costs associated with development of technologies relating to the component design, manufacture and examination.

Providing public access to such information permits competitors to duplicate or mimic the methodology without incurring the associated costs.

B. Loss of competitive advantage of MHI's ability to supply replacement or new heavy components such as steam generators.

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 ._ day of GrOt'e -, 2012.

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Jinichl Miyaguchi, / U Director- Nuclear Plant Component Designing Department Mitsubishi Heavy Industries, LTD Sworn to and subscribed Before me this -1 2 day of OC oNota-y, Po-.2012 2,

1' Notary Public 316 My Commission Expires OCT. 2 2,2012 :

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Registered Number 3 1 6 Date OCT. 2, 2012 NOTARIAL CERTIFICATE This is to certify that JINICHI MIYAGUCHI , Director-Nuclear Plant Component Designing Department MITSUBISHI HEAVY INDUSTRIES, LTD has affixed his signature in my very presence to the attached document.

MASAHIKO KUBOTA Notary 44 Akashimachi, Chuo-Ku, Kobe, Japan Kobe District Legal Affairs Bureau (Mini M2)