ML20101N013

Responds to 920501 Board Memo.* Util Requests That Board Accord Unconditional Proprietary Treatment to Certain Pages from TERs Re to Asco Equipment.W/Certificate of Svc

ML20101N013
Person / Time
Site:	Farley
Issue date:	06/30/1992
From:	Repka D ALABAMA POWER CO., WINSTON & STRAWN
To:	Atomic Safety and Licensing Board Panel
References
CON-#392-13061 91-626-02-CIVP, 91-626-2-CIVP, CIVP, NUDOCS 9207090118
Download: ML20101N013 (43)

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June 30. 19 9bi kt p":.

UNITTD STA'2ES OF AMERICA NUCLEAR REGULATORY COMMISSION '92 J1 -1 P3 :24 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ,, , ,

i,6CG T % . . nf n Art kts.u In the Matter of: ) Docket Hoc. 50-348-CivP

) 50-364-CivP

% ABAMA POWER COMPANY )

)

(Joseph M. Farley Nuclear )

Plant, Units 1 and 2) ) ( ASLBP No. 91-626-02-CivP)

ALABAMA POWER COMPANY RESPONSE TO BOARD ORDER REGARDING PROPRIETARY INFORMATION I. INTRODUCTIOll On May 1, 1992, the Atomic Safety and Licensing Board (the Board) issued " Memorandum'and Order (Conditionally Granting APCo Motion to Continue Proprietary Treatment of Certain Exhibits) . "

The Board therein requested the parties to provide additional information regarding the evidence for which they seek proprietary treatment. Alabama Power Company responds herein. The Company understands that the NRC Staff is responding separately.

II. BACKGROUND l

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In a Motion dated April 16, 19 9 2, M Alabama Power Company l' identified specific pages from exhibits admitted into evidence in this proceeding that had previously been marked as containing U Alabama Power Company's " Motion to Continue Proprietary Treatment of Certain Exhibits" (April 16, 1992). ,

9207090118 920630 y g-hDR ADOCK 05000349 l PDR L

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proprietary information. Also, based on records in the NRC's Public Document Room, it appeared at that time that this information had previously been treated by that NRC Staff as exempt from public disclosure. The Board's May 1,. 1992 Memorandum and Order conditionally granted thn Motion to continue withholding this information from public disclosure, pending further information ,

from.the parties. Specifically, the Board requested:

1. A copy.of any affidavit previouuly supp]ied to the agency in support of a request for treatment of the information as confidential businaca (proprietary) information.

2. A copy of any agency determination relative to that '

affidavit.

3. A written justification from an appropriate official of the company that provided the information, as specified in 10 C.P.R. 5 2.790 (b) (1) (11) , that explains why the information is still proprietary, taking into account the factors set forth in 10 C.F.k. 5 2.7?b (b) (4) .

Memorandum and Order at 7.

Alabama Power Company has endeavored to respond to the Board's request. To do so, we have examined each portion of the exhibits identified previously to identify the specific equipment at issue

-and, importantly, ascertain which vendor would be responsible for the request for proprietary information. This information ts summarized in Attachment A to this Response. As can be seen in the Attachment, there are only three vendors with inf ormation at issue

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here: Westinghouse r Automatic Switch Company (ASCo), and General Electric (GE).

With respect to each vendor, the Company then scarched in-house records, as well as records available at the NRC's Public .

Document Room, to atter.pt to fin' nistorical proprietary justifications and deterninations. In .Jdition, Alabama Power Company requested that each .cndor a) identify whether it still considers the information to be proprietary, b) indicate whether it still requests an exemr. tion from public disc.iosure, and c) if so, provide the necessary supporting affidavits (see 10 CFR S 2,*190(b)). The results of these efforts are discussed more fully below and are uummarized in Attachment B to this response. It is important to recognize that the information at issue is vendor informe. tion, not licensee information. Therefore, Alabama Power Company is acting here as a conduit for the various vendors' winhos

-- as made known to the Company -- regarding continued proprietary status.

III. RESPONSI

! A. Farley Te.GhDical Evaluation Rep _ orts (TERs) i Based upon our search of Company files and the NRC Public Document Room, there appears to be no NRC Staff documentation regarding the final proprietary treatment of information in tne l l l

TERs. However, the steps in the proprietary treatment of the TERs

wcre roughly as follows.

Information to be reviewed by Franklin Research Center in respcose to IE Bulletin 79-01B was submitted to the NRC by licensees and vendors over the course of several years. Franklin reviewed the information for its TERs. Some vendors, including Westinghouse, requested proprietary treatnent of certain information. The TERs were then issued by the NRC Staff on February 4, 1983, in proprietary and non-proprietary versions.

The non-proprietary versions did not include the pages at issue here, as listed in Attachment A.

In.the Safety Evaluation Reports issuing the Farley TERs in February 1983, the NRC Staff requested that Alabama Power Company ,

determine whether the vendors wished to continue proprietary treatment of the TER pages stamped as including proprietary information and excluded from public disclosure. Alabama Power Company's response to this request was dated ' May 20, 1983. A l

redacted copy is provided as Attachment C to this Response.U U

Alabama Power Company provided interim responses of February 16, 1983, and March 3, 1983, noting that the TERs did j contain information the vendors considered to be proprietary.

L The NRC Staff provided further guidance regarding the

( information required of vendors on April 12, 1983. The

! Company's letter of May 20, 1983, followed. We understand that the URC Staff is providing a copy of the May 20, 1983 letter in its entirety. For convenience, we are providing copies only of pages relevant here.

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In its response'for Unit 1, Section A, pages 1-2, A)abaca Power company responded that only Westinghouse, of the vendors at issue here, still considered pages of the TERs to be proprietary.

Specifically, Westinghouse sought protection for the following pages:

Item 16, pages Si, Sj Item 18, _pages 5b-5j

-Item 21, pages Sa, 5d-e, 57, Si, Sj, Sk Item 27, page Sf In its response for Unit 2, section A, page 2, Alabama Power Company again noted that only Westinghouse requested continued proprietary. treatment of pages from the TER. Specifically, Westinghouse sought protection for the following pages:

Item 11, pages Si, Sj Item 13, pages 5b-j These pages are a subset of . the Westinghouse pages listed in Attachment A. .The justifications for withholding were included in Westinghouse documents cited in an Attachment l'for cach unit.

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The May 20, 1983 letter also specifically stated that, with respect to ASCo and GE, "the documents referenced in the TER are no longer considered proprietary."

Based on the above, Alabama Power Company specifically requested each of the three vendcrs to review the TER pages cited in Attachment A hereto and confirm the current status. The results are as follows:

• Westinghouse no longer considers 302 pages of the TER to be proprietary, including those still withheld in the May 20, 1983 Alabama Power Company letter.

Westinghouse's position is reflected in a sworn letter of June 26, 1992, which is Attachment D to this Response, i

• GE confirms that the relevant pages of the TER are not proprietary. GE's position is reflected in a letter of June 24, 1992, which is Attachment E to this Response.

Note that GE continues to maintain that the test reports that were the bases for the TER pagds are proprietary.

However, those reports are not at issue here.

• ASCo takes the position, as reflected in a sworn letter of June 25, 1992, that the TER pages at issue here are still proprietary. ASCo's "aff' davit" is included as Attachment F to this Responsa. Alabama Power Company

wishes to point out that it has provided ASCo with copies of both the TER pages related to ASCo equipment and the May 20, 1983 letter. It is ASco's position that the TER pages aie all based on proprietary test reports, and that all " summaries or excerpts" from these reports are still proprietary.1/

Based upon the above, all pages of the TERs at issue may now be released except those related to ASCo's equipment. The ASCo pages still claimed to be proprietary are:

APCo 16, Bates # 0054479-54484 APCo 17, Bateh / 0054936-54941 Alabama Power Company has been unable to locate any justification originally supplied by either Asco or Alabama Power Compsny to support proprietary treatment of these pages. Likewise, we have been unable to locate any NRC Staff determination of final proprietary status. Nonetheless, as reflected in the April 16, 1992 Motion, it appears that these pages have been historically withheld from public disclosure by the NRC.1/

1/ Attachments D and F provided herein (the Westinghouse and ASco letters of June 26 and 25 respectively) are facsimile copics.

We will endeavor to provide original copies as soon as possible.

A/ Note that'the NRC's Public Document Room version of the TERs apparcatly never reflecteu the change in proprietary status (continued...)

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I If the Board determines not to treat this ASCo information as i proprietary, Alabama Power Company -- in deference to the vendor's wishes -- asks in the alternative that these pages from the TERs be withdrawn from the exhibits of record. The pages do not relate to any equipment at issue in this proceeding and should not in any way bear on the Board's decision. Counsel for the NRC Staff has stated that the Staff has no objection to this relief. '

B. AP_Co Exhibit 20 APCo Exhibit 20 *s the February 29, 1984 letter from Alabama Power Company to the-NRC Staff. There are four supplements that have been withheld from public disclosure as being proprietary to Westinghouse. An affidavit from Westinghouse to that effect, labelled as AW-80-27, was included as Attachment 3 to the submittal (see APCo Exhibit 20, at Bates / 0057665-72). We are aware of no formal documented NRC Staff determination on the proprietary status of this - information. However, as noted _ in the April 16, 1992 l

Motion, the Public Document Room version of this document does not ,

include the four supplements. ,

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l' suggested by the May 20, 1983 letter. hten we reviewed the redacted, publicly available TERs in April 1992, those l- versions had all pages stamped as proprietary -- including the ASCO pages -- removed.

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d With respect-to the continued proprietary treatment of this information, as reflected in the sworn letter of June 26, 1992

-(Attachment D herato), Westinghouse continues to seek non-discic7ure only for Supplements 2 and 3 (Bates / 0057652-55). The letter provided by Westinghouse is intended to cover these two supplements, as wall as the underlying test reports. Supplements 1 and 4 (Bates # 0057651 and 0057656) may be released for-public disclosure.

C. fitJtif Exhibit;_2'd Staf f. Exhibit 32 is a non-redacted (i.e. , propr.tetary) version of Wesuinghouse test report WOAP-7709-L, addressing qualification of the Hydrogen Recombiners.- (Westinghouse's non-proprietary version -- which is not in evidence in this -proceeding -- is apparently labelled as WCAP-7820). ~ Based on Alabama Power Company records and a review of the - Public Document Room records, the Company has been unable to locate any original affidavit from Westinghouce (or_anyone else) specifically supporting proprietary _

treath.ent of WCAP-77 09-I,. However, the test report appears to have originally been submitted by Westinghouse'to the NRC under cover letter designated as E-SL-042, dated July 14, 1971. A copy of this letter _ is provided as Attachnent G. This Westinghouse I

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correspondence requests proprietary status f or WCAP-77 09-L, but does not appear to include an affidavit.U The NRC Staff has provided Alabama Power Company with a copy of a determination letter for WCAP-7739-L of November 11, 1977.

The Company has in turn provided this information to Westinghouse.

Nonetheless, Westinghouse has informed the Company, by its June 26, 1992-sworn letter, that it still considers WCAP-7709-L (as welj as the seven supplements) to be proprietary. This Westinghouse determination was uade based upon a proprietary review conducted last week. Westinghouse's sworn letter is intended to cover WCAP-7709_-L_in all respects. Accordingly, Alabama Power Company requests proprietary status of Staff Exhibit 32.

IV. CONCLQELQ1{

The above information is provided in response to the Board's Memorandum and Order of by 1, 1992. Based on this information, Alabama Power Company requests that the Board accord unconditional proprietary treatment to certain pages from the TERs related to ASCo equipment as identified above, two of the four supplements in APCo Exhibit 20, and Staf f Exhibit 32 in its entirety. The req:lest U Seven supplements to WCAP-7709-L were submitted at later L dates. -Affidavits may have been submitted to support l proprietary status of some of these. However, these supplements do not appear to be included in the evidence of record in this proceeding.

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for proprietary' status is based upon the proprietary claims of the respective' vendors. In the alternative with respect only to the TER pages still ire issue, Alabama Power Company requests that the pages be withdrawn from the exhibits of record in this proceeding.

Respectfully submitted,

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David A. Repka 1 COUNSEL FOR ALABAMA POWER COMPANY OF 00UNSEL:

BALCH &-BINGHAM WINSTON & STRAWN James H. Miller,-III. 1400 L Street, N.W.

James H.-Hancock, Jr. Washington, D.C. 20005-3502 Post Office Box 306 (202) 371-5700 Birmingham, Alabama 35201

-(205) 251-8100 Dated at Washington, D.C.

this 3Ath day of June 1992.

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ATTACHMENT A VENDORS.WITH PROPRIETARY INFORMATION APCo 16 (Unit 1 TER)

Responsible Bates # TER Paces fouipment Vendor 0054479 - 54484 Item 4, pages Sa-5f ASCo Solenoid Valves ASCo 0054537 - 54544 Item 16, pages Sa-5f, Westinghouse Hydrogen Westinghouse Si, Sj Recembiners (WCAP-7709-L) 0054556 - 54564, 54569 Item 18, pages Sa-Sjl/ Rosemount RTD Westinghouse Temperature Elements (Models 176 KF and KS, qualified by Westinghouse WCAP-9157) 0054580 - 54590 Item 21, pages Sa-Sk Barton Transmitters Westinghouse (Models 763 & 764, qualified by Westinghouse) 0054624 Item 27, page 5f Foxboro Transmitters Westinghouse (Model E13DM, qualified by Westinghouse WCAP-9157)

GG54674 - 54680 Item 34, pages Sa-5g GE Series 100 GE Electrical Penetration Il By Bates /, these pages are not in order in the record exhibit.

APCo 17 (Unit 2'TER)

Responsiole Bates # TER Pace Eauipment Vendor 0054936 - 54941 Item 4, pages Sa-5f' ASCo' Solenoid Valves ASCo 0054976 - 54983 Item 11, pages Sa-Sf, Westinghouse Hydrogen Westinghouse-Si, Sj Recombiners 0054998 - 55007 Item 13, pages Sa-512/ Rosemount RTD hestinghouse Temperature Elements 0055084 - 55090 Item 28, pages Sa-5g GE Series 100 GE Electrical Penetration 2/ By Bates /, these pages are not in order in the record exhibit.

APCo 20 (February 29, 1984 APCo Letter)

Responsible

' Bates # Eauloment Vendor Supplement 1 .0057651 Rosemount RTDs (Models Westinghouse 176 KF and KS, qualified by Westinghouse)

Supplement 2 0057652-53 Ba; ton Transmitters Westinghouse (Models.763 & 764, qualified by '

Westinghouse)

Supplement 3 0057654-55 Foxboro Transmitters Westinghouse' <

(Models E11 and E13DM)

(Westinghouse WCAP- ,

9157) '

.,i A?Co 20 (Continued)

Responsible Bates'# Eauipment Vendor Supplement 4 0057656 GEMS DeLaval Westinghouse Transmitters (Models LS36497 and XM36495)

Staff 32 (Entire Document)

Responsible-Report Ecuipment Vendor Westinghouse Hydrogen Recombiners Westinghouse NCAP-7709-L i

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ATTACIIMENT D PRE 8ENT PROPRIETARY STATUS

1. Westinchouse A_PCo 16 (Unit 1 TER)

Information Dates !. Current Status Item 16 0054537-54544 Release Item 18 0054556-54564, 54569 Release Item 21 0054580-54590 Release Item 27 0054624 Release r

APCo 17 (Unit 2 TER)

Information Bates # Current Status Item 11 0054976-54983 Release Item 13 0054998-55007 Release APCo 20 (February 29. 1984 Letter)

Information Dates / Current Status Supplement 1 0057651 Release Supplement 2 0057652-53 Proprietary Supplement 3 0057654-55 Proprietary Supplement 4 0057L36 Release

Staff-32-(WCAP 7709-L)

Information Current Status Test Report Proprietary

2. Automatic switch Company (AScol IDformation Dates # Current Statug AFCo 16, Item 4 0054679-54684 Proprietary APCo 17, Item 4 0054936-54941 Proprietary

3. General Electric (GE)

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ATTACHMENT C .

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f. L. Cterten. Jr. L f Seaux ve,e Pres.deeit Fhatridge Sweae Alabarria byer tv i v ern m ter se e May 20, 1983

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Odcket Nos. 50-348 50-364 Director, Nuclear Reactor Regulation * '

U. S. Nuclear Regulatory Commission Washi ngton, D.C . 20bs$.

At t e.it i on : Mr. S. A. Varga Joseph H. Farley Nuclear Plant - Units 1 and 2 Environmental Qualification Gentlemen:

Since February,1983 Alabama Power Company has received three NRC documents regarding environmental qualification of saf ety-related These documents electrical are Safety'equipment EvaluationatReports

'Farley(Nuclear Plant (FNP).SERs) dated February 4,1983 for and 2,10 CFR150.49, and NRC letter dated April 12, 1983 p rovi di ng clarification ,? the SER and 10 CFR 50.49. In response to these three documents, AlaDama Power Company provides the attached reports. A separate report addressing all three documents is provided for each unit.

Section A of the reports provides the 90-day submittal . requested by the SER. It includes Alabama Power Company's plan to resolve _the

-remaining outstanding action items identified in Alabama Power Company's letter dated March 14,1983 -(30-da;< response to the SER) snd provides proprietary information concerning specific Technical Evalt ation Report

.(TER) pages extracted f rom manuf acturers' propriatary test reports.

This section doct'ments that all electrical equipment identified in the subject TER's for Unit s 1 and 2 is fully qualified for its specific accident envi ronment .

Section B of the reports addresses the requirements of 10 CFR 50.49-(g). It identifies all equipment important to safety within the scope of 10 CFR $0.49-(b)(1) and (b)(2). In-addition, an exemption is requested with specificity f rom the requirements of 10 CFR 50.49(g) to allow the schedule for identifying accident monitoring equipment (Reg'alatory Guide 1.97) as described in 10 CFR 50.49(b)(3) and upgradirg

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Mr. S. A. Yarga May 20, 1963 U . 5. '4uc l e a r Re gu l a tury Commi s s i on Page 2 its environmental qualification to be in accordance with the Preliminary Farley Emergency Response Capability (ERC ) Integrated Implementation Plan and Schedule.

Section C of the report s provides a response to the NRC letter dated April 12. 1983. This section includes a review of the 30-day response to address the NRC clarifications, the identity of the pages of tha TER that require proprietary protection along with a reference to prevlously submitted applications for withholding and affidavits for protect ion of the prop rieta ry information, and a discussion of methods " '

used to identify equiprent addressed in 10 CFR bO.49(b)(2), it is the judgement of Alabama Power Company that previ ous s'Jbmit t a ls comp ly wi th 10 CFR 50.49 (a ) and (b) as described in this section.

if there are any questions, please advise.

Y ou rs very t ruly ,

F l .a Clayt Jr.

FLCJr/0HJ:Ish-022 Attachments cc: Mr. R . A . Thoma s Mr. G. F . Tronbridge Mr. J. P. O'Reilly Mr. E. A. Heeves Mr. W. H. Bradford l

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JOSEPH M. FARLEY NUCLE AR PLANT - UNii l 1)DCKL T N0. til-348 E*lVIROWENTAL QUALIFICAll0N REPORT i

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. . l JOSEPH M. FARLEY NUCLEAR PLAhi UNIT I ENVIROWENTAL QUALIFICATION REPORT

! ^.D.If. O f. ,C o,n.t,e n_t s Section A - 90 Day Submittal Sect ton B - 10CFR50.44 Submittal Section C - Response to NRC April 12, 1983 letter , ,

Attachnw!nt 1 - Ref erence List f or Westinghouse Just!'icatlans f or Withh .lding t Proprieta ry Information Attachmnc 2 - Doct.mntation Prsiviously Considered Proprietary Attact *2nt 3 - Qualified Equip *nt Master List D-22 l

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SECTION A 90 DAY SUBMITTAt.

In response to tne MC's Safety Evaluation Report (SER ) f or the envi ronmental quali fication of saf ety-related electrical equipmnt, dated Februa ry 4, 1983, Alabama Power Company provides this section of the report rega rding the revi ew of environmntal qualification of Class IE electrical equipment for f arley Nuclear Plant (FNP) Unit 1. The subjects covered by this section include plans to resolve the ottstanding items in Alabama Power Comany 's response dated March 14, 1983, (30-day response to the SER) and inf ormation rega ding proprietary portions of the Technical E valuation Repvt (TER). The scope of this review ensures that equipewnt necessary to protect the public nealth and saf ety is capable of perf orming its intended f unction when subjeded to a harsh environment.

Alabama Power Conpany's letter of warth la,1983 stated that water-tight fittings were being installed on tne Victoreen radiation d detectors, installation of tnese f Gtings has been completed and Alabama Power Comany new considers the Victoreen radiation detectors f ully qualified.

The qualification reports for the Target Rock solenoid valves used on the reactor head vent system are currently under development by Westingnouse with a scheduled conyletion of May 19d3. Alabama Power Comany installed these solenoid valves in order to provide the state-of-the-art coincident with the irclementation dates required by huREG-0137 Alabama Power Co@any will review the reports when issued ta ensure that the solenoid valves are qualified to the specific Farley Nuclear Plant accident envi ronmnt. These solenoid valves are not considered within the scope of lu CFR bu.49 since, as stated in Alabama Pcwer Comany letter of June 23, 1982, such equipment is addressed by the TH1 Action Plan and is not essential to achieve a safe snutdown condition.

Additionally , the reactor head vent system is de-energized and can not be placed into operation without the approval of the K<C as specified by "

NUW G-0737, 11.B.1. There is no known envi ronnentally caused f ailure mode of these de-energized solenoid valves that could lead to the spurious or inadvertant operation of the reactor head vent systen. The schedule f or the f ull environmental c,ualification of these solenoid valves therefore

/ does not impair the saf e shutdown capability of Farley Nuclear Plant.

All vendors have responded to Alabama Power Comany's request for providing justifications for withholding specific TER inf ormation f rom public disclosure. Westinghouse has reviewed the appropriate sections of the TER and has identified inf ormation that still requires protection from public disclosure. Applicatto:.s for withholding and af fidavits for protection of the proprietary inf ormation were submitted by Westinghouse to the hRC in accordance with 10 CFR 2.790(b) when the proprietary documents were originally submitted. The pages of the TER that Westinghouse considers proprietary are item No 16, pages Si, j, item No.18, pages 5b, c.d.e,f,g,h, 1. J , item No. 21, pages ba, d, e, g, i, j, k , and Iten

Section A Page 2 f

No. 27, page 5f. Attachment 1 provides a list of the applicable i Westinghouse test reports and associated Westinghouse transmittal letter l numbers and dates of issue to f acilitate the retrieval of justifications for withholding. BlW Cable Systems. General E lectric, Okonite, limitorque, T ransamerica - Delaval . Joy Manuf acturing and Automatic Switch Cervany documents ref erenced in the TER are no longer considered proprietary. This j completas the review of proprietary information contained in the TEd's as I requested by Safety Evaluation Report and the N4C letter dated April 12, i 1963.

Equipment items in NRC Category 1Y " Documentation Not Mede Available", ,

i include Boston Insulated Wire and Barton Transmitters. Uoston Insulated i Wire and Cable Company has reviewed the applicable portions of the TER and i l

has determined that their test report and letter of clarification no longer

! require proprietary prot ection. The Boston Insulated Wire and Cable i Company Test Report 13Eu62 and letter cf clarification, dated August 21, 1981, wnich addresses thtir Iest Report 13Eub2, are included as Attachment 2 of tnis report.

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ATTACHMENT 1 Ref erence List f or Westingdouse Justifications f or Withholding Proprietary Information Date of Westinghouse Test Reports aestingnouse Letter No. Issue

1) WCAP-7820 E-SL-100 12/16/71 WCAP-7820 Suppl. 1 E-SL-336 05/31/72 2 hS-RS-076 11/02/73 ' '

3 NS WS-Id3 03/22/74 4&5 N/A o NS-CE-1268 11/05/76 7 N/A

2) WCAP-//09L E-SL-042 07/14/71 WCAP-7709L Suppi,1 E-SL-334 03/23/72 2 N/A 3 NS-RS-126 01/23/74 4 hS-RS-212 04/21/74

3) WCAP 91$7 hS-LE-1600 12/16/77 NS-TMA-2202 U2/14/B0

4) Test Report (1950) NS-TMA-195u 09/29/78

5) Test Report (2120) NS-T!!A-2120 07/14/79 f

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JOSEPH M. FARLEY NUCLEAR PLANT - UNIT 2 00(,KET NO, 50-364 ENVIROMENTAL QUALIFICATION REPORT

JOSEPH M. FARLEY NUCLEAR PLANT UNIT 2 ENYlRONMENTAL QUALIFICATION REPORT Table of Contents Section A - 90 Day Submittal Section B - 10CFR50.49 Submittal Section C - Response to NRC April 12. 1983 letter ,

Attachment 1 - Reference List for Westinghouse Justifications for Withholding Proprietary Information tQ Attachment 2 - Documntation Previously Considered Proprietary '

Attachment 3 - Westinghouse Reo"est for Withcolding Proprietary information Att6:bment 4 - Qualified Equipment Master List D-22

SECTION A 90-0AY SUBMITTAL.

In response to the NRC's NtREG-0588 S&fety Evalestion Report (SER),

dated February 4,1983, Alabama Power Cogav provides this section of the report regarding the review of environmental qualification of Class IE electrical equipment for Farley Nuclear Plant (FMP) Ur.it 2. The subjects covered by this section include plans to resolve the outstanding items in Alabama Power Cogav letter dated March 14,1983, (30-day respome to the SER) and information regarding proprietary portions of the Technical Evaluation Report -(TER). The scope of this review ensures that equipment necessary to protect the public health and safety is capable of performing its intended function when sFojected to a harsh environment.

Qualification Test Re' ort No. 950.301, dated June 19, 1981. fully supports the qualificatir of Victoreen radiation detectors when the detector cables / connect' rs are sealed f rom the accident moisture envi ronment of the ct"..at rvuent atmosphere. These detectors were installed l as an enhancement t , the radiation monitoring system to satisfy the requirements of N' AEG-0731 and would be used to detect a radiation release due to a potential breach of the reactor coolant pressure boundary. Design of a water-tig* 4 sealing for the detector cable / connectors installed at FMP has been cogleted which duplicates the sealing procedure followed in the Victoreen Test Report No. 950.301. As stated in Alabama Power Comparty letter of March 14, 1983, the water tight fitting will be installed during the first outage of sufficient duration to coglete the modificntion currently scheduled to begin in the fourth quarter of 1983. The Victoreen radiation detectors are not considered within the scope of 10 CFR 50.49 since, as stated in Alabama Power Coga'ty's letter dated June 23, 1982,

, such equipment is addressed by the TMI Action Plan and is not essential to i

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• a sa'e shutdown condition. The installation of the water tight i

fittings on the radiation detMtors therefore does not igair the safe

! shutdown capability of Farley nlear Plant.

The qua tification reports for the Target Rock solenoid valves used on the reactor head wnt system are currently under development by Westinghouse with a scheduled cogletion of May 1983. Alabama Power Cogany installed these solenoid valves in ortler to provide the state-of-the-art coincident with the iglementation dates required by NUREG 0737. Alabama Power Cogarty will review the reports when issued to ensure that the solenoid valves are qualified to the specific Farley Nuclear Plant accident environment. - These solenoid valves are not I considered within the scope of 10 CFR 50.49 since, as stated in Alabama i

' Power Cogany's letter dated June 23, 1982, such equipment is addressed by the TMI Action plan and is not essential to achieve a safe shutdown condition. Additionally, the reactor head vent system is de-energized and

!' can not be placed into operation without the approval of the MC as specified by NURGE-0737 II.B.1. There is no known envirofwentally caused failure mode of these de-energized solenoid valves that could lead to the spurious or inadvertant operation of the reactor head vent system.

l

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I Section A Page 2 All vendors have responded to Alabama Power Comany's request for pruviding justifications for withholding specific TER information from public disclosure. Westinghosse has reviewed the appropriate sections of the TER and F.as identified information that still requires protection frra pubite disclosure. Applications for withholding snd af fidavits for protection of the proprietary inforwatton were submined by Westinghouse to the W4 in accordance with 10 CFR 2.1'/U(b) when the proprietary documents were originally subattted. The pages of the TER that Westinghouse considers proprietary are item No.11, pages bl. j and item No.13, pages 5b, c, d, e, f, g, h, i, J. Attashaent 1 provides a list af the applicable Westinghouse test reports and associated Westinghouse transmittal letter -

numbers and datis of issue to facilitate the retrieval of justification for l withholding. BlW Cable Systems, General Electric, Okonitr. Limitarque, Transamerica - Delaval, Joy Manuf acturing and Automatic %4tch Comany documents referenced in the TER are no longer const N% mprictary. This completes the review of proprietary inforNtion contained in the TER's as requested by Safety Evaluation Report and the NRC letter dated April 12, 1983.

Equipment items in NRC Category lY, " Documentation Not Nade Available", include Boston Insulated Wire and Barton Transmitters. The Boston insulated Wire and Cable Comany has reviewed the applicable portions of the TFR and has deterwined that their test report and letter of cllrification no longer require proprietary protection. The Boston Insulated litre and Cable Company Test Report 13E062 and letter of Clarification, dated August 21, 1981, which addresses their Test Report 13E062, are included as Attachment 2 of this report. As stated in Alabama Power Coma'tr's response dated March 14, 1983 Westinghouse rcw.siders 4 WCAP 9885, Alch fully qualifies the Barton transmitters installed in FNP, as a proprietary document. WestinghoJse has requested (Attachment 3) that Alabama Power Company not submit their proprietary inforsattr> to the Franklin Research Center. Pursuant to an agreement reached between Westinghouse and Mr. E. C. Shoemater of the MIC Of fice of the Executive Legal Director, Westinghouse will ensure that any such requested material is, or has teen, sutmitted directly to the WC. Mr. E. C. Shoemaker has discussed this matter with Hr. 2. Mos2tecry of the Equipment tiustif tration Branch.

ATTi,0*ENT 1 Reference List for Westinghouse Justifications for Withholding Proprietary Information 1

D&te of Westinghouse _ Test Reports West inghouse__ Letter ko, Issue 11 WCAP-7020 ' E 5L-100 12/16/71 WCAP-7820 Suppl. 1 E 5L-336 Ob/31/72 2 NS RS-0?b 11/02/73 3 NT 45 183 03/22/14 . ., j 44$ N/A 6 h5-CE-1268 11/05/76 7 N/A

2) WCAP 1709L - E-SL-042 07/14/11 WCAI-1709L Suppl. 1 E-St ?34 03/23/12

~

2 N/A 3 NS-RS-128 01/23/74 4- NS-R5-212 04,21/74 3)WCAP')157 NS LE-1600 12/16/77 MS-TMA-2202 02/14/80 t

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4 ATTACHMENT D w

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Jua 26 '52 02: r.;rm to:Ltm Uan OtTs g,w

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ALA.92 696 EM.tp5HiRmt h 855 W657lnEbouse " # 0 ' A D'*8 UI3 N EISCtfic Corp 0T8tl0A June 26, 1992 Mr. J. D. Woodard, Vice President Ref. 1: ALA-92 662 Nuclear Generation Ref. 2: 06/25/92 Telecon Southern Nuclect Operating Company with W. R. Stewart P. O. Box 1295 and D. Repka Birmingham. AL 35201 Attention: Mr. R. W. Stewart SOUTHERN NUCLEAR OPERATING COMPANY JOSEPH H. FARLEY NUCLEAR PLANT UNITS 1 AND 2 PROPRIETARY INE0RMATION

Dear Mr. Woodard:

1992, identified four documents for Mr. McKinney's lot.er to me which the Atomic Safety Licensing Board dated May 4,had Questioned the need to continue proprietary treatment. Attarhed is a Westinghouse affadavit which states that the four documents continue to be proprietary.

Please contact this o1fice if you have any additional questions on this '

subject.

Very truly yours.

WESTINGHOUSE ELECTRIC CORPORATION f.Alabama J M A. Knochal, Manager Project

/ daw Attachment l

l ALMMinav 920424 l

Ar4 26 f 92 c;:2 m tu tta D6 . m is f' . 4 a i

I M hgh01)$8 U)lfW SYlltml Electric Corporation 33 f)p Fm mm mn:m June 26,1992 To Whom It May Conprn:

Westinghouse hu reviewed and usessed the proprietary nature of the text and inforknation contained le WCAP 98t$ (and supporting documents). WCAP-7709L, WCAP 7709L Supplements 1 through 7 and WCAP-9157. Watinghouls has concluM thu all Information continum to be proprietary. I This usessment is predicated on the factors set forth in 10 CFR 12.790(b)(4). Westinghouse hu expended considerable effort to develop the dulga information and the test results contained in de 4 WCAPs listed above, ne information contained in the WCAPs could not be easily acquired by others. Dus, it represents a competitive advantage which requires protections allowed under

.10 CFR I 2.790(b)(4)(v).

bformation ottracted from :he aforwnsationed WCAPs by Frank!!n Rascarch Centar and included in Franklin /TER equipment aavironmental qualification review of equipment item numbers 11 (pages 5 a f.1, j),13 (pages 3 61),16 (pages $ s f, I, j) 18 (pases 5 a j), 21 (pages 5 a k), 27 (page 5f) is not proprietary and may be releand.

. In addition Supplemocts 1-4 to the letter from Alabama Power Company to the NRC, dared 2/29/S.I.

were reviewed. Information contaland in Supplement 1 (proposed solution for the Rosomount RTDs) and Supplernant 4 (proposui solution for the Gems DeLaval transmitters) is not proptictmy to Westlnghouse. Information marked as proprietary in Supplement 2 (proposed solution for the Barton Lot 1 and 2 transminars) and Supplomant 3 (preposed solution for the Foxboro Model El1 (MCA) and E13DM transmittars) continues to be proprimary to Westinghouse for the rouons cited abwe, Peter J. Mo Tis, Manager Strategic Safety and Regulatory luucs letd Sworn to and subscribed before tre this ll*f day ef h, 1992.

V

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GE Nuclear Energy i

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G GPC-2-094 c': ftfargia Power Comoany June 24, 1992 R. W. Stewart GE-Huclear Enerav H. C. Burgess N. G. Luria R. C. Hitchell Mr. B. D. McKinney Southern Nuclear Operating Company P. O. Box 1295 . .

Dirmingham, AL 35201

SUBJECT:

CLARIFICATION TO WILLIAM GRIPNE LETTER HUMBER G GPC-2-080 DATED JUNE 2, 1992 REGARDING PROPRIETARY INFORK8. TION STATUS Of GE TEST REPORT #74-502-3

REFERENCES:

1) Hay 7,1994, letter from Bill Grime to B. D. McKinney

2) July 21, 1983 letter from H. L. Hurstell to L. T. Gucwa In the reference 1 letter, I transmitted a Proprietary Affidavit supportinr, the confidential nature of the information contained in the report entitled "100 Series Electrical Containment Penetrations, Low Voltage Qualification Test Report H4 502 3. In the reference 2 letter, GE str.tes that the sumary data prepared by Franklin Research Center for the Technical Evaluation Reports (TER) need not be treated as proprietary. These TER pages were generated from proprietary documents describing GE clectrical penetrations.

This letter restates that the sumary data on the TER pages need not be treated as GE*, from proprietary, but,sumary which the GE requires thatbeen data has the documents, marked to obtained, continue " Proprietary be handledtoas proprietary information. In other words, there is no intended inconsistency between the Reference 1 and 2 letters.

Please call me if you have further questions on this issue.

Sincerely,

/

William E. Grime, Nuclear Services Manager (205) 991-4160

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fate 1686 FLOAnAM paar. N(W Jim $ty 07031 * *s ite's ett socos a vasta,3*s.syse s An-smo tste Af flDAfil (DWCithlbl AL/f*MA1lC $WifC1f CEMP&ef (ALCC) paturalstat* stPotts Aos ll678/ta, tir. A Aac Art *47366, tiv.1 ai.rteestle tulich Cassieny (AS 0) sepeete Ati Il678/f t, tev. A and 408 67348, arv. i pro egnolg, peg.gy Atco to tw proceletery, math reporte agee Peteored at consitlerable enownee to AL.D erii conteln eetelled teselsel interwetles estete, if proviene to est carsistitleri, soule ro6 ult in eJbetontist bare te Ascose censistitive peeltlen.

$pecifleetly, three reporte coetaln detelled t echnict 1 infereetlen tericeening oce l y's perasselere s a geeferteri:e perarseters, materiets of tenstruttlen, mothemse of constructices, spellfleetten etthads, osellficetten preamsarse, cpol8*lcellon test rewits, Asco teberatory capabilities, recournerood pervice level 6, ensi ensintenerse roseseeavlettens. This leforentlen to of the type that teculd custaverfly to tonaldered propetetery ty e canoey like At:0 and is riot evellebte from immile tources.

Autoinetts $witsh Convent (A3CD) eles curielsers per ascerpte er owneerles f ena theee topoets telch coe.teln technitel infererstlen ssncerntrig closign parameters, perfortwnee parameters, materiale of canstruction, nethens of consteuctlen, cpellf fcetten snethode, eaellficellen precedures, spellfleetion test rewits, ADC0 lebersteer cepeellittee, recosemonded service levele, en:t sainttneree reessewisettens to be propriote ry. Thle propel 6teer designetter- esesifically tretuere Frehtiin tesearch center tw1posent trivirersnentel euellficetten Review (f tt Project No. CSF17, atelprement ec.13, test so. $pp,

$18) tes other eleller docvuonte.

Thue reporte end Atto cuenerles er etterpts free thoet revaarts telch se'iteln tecnnicet infereetten ceetrnirg #eetto perennters, performance Mresnot ers, seteriole of eenstruction. nothese of cenetructim, Quellfitellen eethode, tkellflc4 tim pecacedures, wellfication test reewits, AtCD 16beratory topebilities, ressessaanded Hrvise Ltvels, and heletofwece rocasrecrutellene hev's eluevo teeci considtetd Peterletory by ASCO, have elbaye h6d a gentrolled distelbutlen lialted to thooe iAo have e legitlante need for copies and have alkeys tereled restrictime en their repecdJetion and circulation.

As such, in etterterre With the prevletene of 10 Cfr. Port i sectlen 1.?t0(e)(6), these reporte erut oli swynerite or encorpts from thete reporte e*1(ch tenteln techn6 set inferitation sorwerning deofgn perretore, perf, wies perteelere, esteetete of sonstruction, nothode of construction, cuellficotten niethods, cpollfication pescodieres, spellfleetion test reeutta, Atto laterateey capabillttee, recaeres.eoed eervice level 6, end peintene*ce retcrenartistione showtd not be roleseed to p4Lle easesin tecludfrig the etC telic Daewmente amais.

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Wes11nghouse Elecific Corporation Power Systems I n e s,me,,m w nt

> " mg%rrr,*, to in1 July 14, 1971 I

Dr. Peter A. Morris Director of peactor Licensing U.S. Atcmic Energy Commission 7920 Norfolk Avenue Bethesda. Maryland 20014 De a r Dr. Morri s t Reactor Division Froprietary (Classr .sed 2)Water Report, WCA

" Electric 18ydrogen Recombiner for Vater teactor Containments" .

This interim report documents a presentation of the Electric R made by American Electric Power Corporation ecombiner and Westingbouse 1971 from others andyour incorporates office. replies to communts made and by Mr. M. Taylor Upon successful completion of testing of a prototypener recombi AIP incorporate this control. On or before september 30. 1971 electric recombiner for o p6st-secide vill be prepared for esference/ support a non-proprietary report Reporte. in appropriate Safety Analysis Please review particular this report on a topical basis independent reactor. ny of a of this new device are requested.Your coennente regarding technical acceptance Due to the proprietary nature of the material contained  :. ein c i report which vse obtained et considerable Westinghouse expense and the release of which would seriously affect our compott tiv e position, we request that this report be withheld from public disclorure in accordanca with the tales of Practice,10 Cn 2.790, and that the information 10 CTR 2.903. presented therein be safeguarded in accordance with adversely affect the public interest.We believe that withholding this report w 9

, -~~

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E-st-042 Page 2 July 14, *

. 171 This report is for your internal use caly and should not be released to any poreons or organlaations outside the Division of Ragulatt.,ne and AC13 without wy prior approval.

Should it be necessary to release this report to ruch persons as part of the review procedure, plasse contatt me and I will make the necessary strangements required to protect our proprietary interests.

In accordsoce with your earlier request relating to all topteal reports, a non-proprietary version (Class 3) of VCAP-7709-L will be prepared and forverdad to you by tho end of September,1971.

Ve expect that this non-proprietar7 version will be placed in the Public Imett.nent Room and identified as a Westinghouse Topical Psport.

Very truly yours, Pomano Salvatori, knager kig Safety and Licensing l

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M e l. i u' UNITED STATES OF AMERICA U*hC NUCLEAR REGULATORY COMMISSION DIEQRE THE ATOMIC SAFETY AND LISENSING BOAR E~

. .r i !, !. _ q ut tw In the Matter of: ) Duchi"# Wu . 'i. un

) Docket Hos. 50-348-CivP ALABAMA POWER COMPANY ) 50-364-CivP

)

(Joseph M. Farley Nuclear )

Plant, Units 1 and 2) )

) (ASLBP No. 91-626-02-CivP)

CERTIFICATE OF SERVICE I hereby certify that copics of the foregoing " Response to Board Order Regarding Proprietary Information" in the above-captioned proceeding have been served on the following, by Federal Express (morning delivery) as <

indicated by an asterisk, or (,J *rwise through deposit in First Class United States Mail, this 30th dt; af June, 1992:

G. Paul Bollwerk, III* Eugene J. Holler, Esq.*

Administrative Judge Office of the General Crunsel Atomic Safety and Licensing Board U.S. Nuclear Begulato / Commission U.S. Nuclear Regulatory Commission Washington, P.C. 20555 Washington, D.C. 20555 Peter A. Morris

• Atomic Safety and Licensing Board Administrative Judge Panel 10825 Souun Glen Road U.S. Nuclear Regulatory Commission Potomac, Maryland 20854 Washington, D.C. 20555 Dr. James H. Carpenter

• Office of Commission Appellate Administrative Judge Adjudication Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Offica of tt;e Secretary (2) Mr. W. G. Hairston, III U.S. Nuclear Regulatory Commission Southern Nuclear Operating Company, Washington, D.C. 20555 Inc.

Attn Docketing and Service Post Office Box 1295 Section Birmingham, Alabama 35201 Adjudicatory File (2) James Lieberman, Director Atomic Safety and Licensing Board Office of Enforcement Panel U.S. Nuclear Regulatory Commission U.S. NucAear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555

l l

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, Regional Administrator Christina E. Clearwater, Esq.

U.S. Nuclear Regulatory Commission Bechtel Corporation Region II 9801 Washingtonian Boulevard 101 Mariotta Stroot Gaithorsburg, MD 20878-5356 ,

Suito 2900 Atlanta, Georgia- 30323 David A. Repka\

k counsel for Alabama Power .

Company I

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