ML14087A126

South Texas Project, Units 1 and 2 - Submittal of Casa Grande Source Code for Stp'S Risk-Informed GSI-191 Licensing Application

ML14087A126
Person / Time
Site:	South Texas
Issue date:	03/18/2014
From:	Powell G T South Texas
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
GSI-191, NOC-AE-14003111, STI: 33843525, TAC MF2400, TAC MF2401, TAC MF2402, TAC MF2403, TAC MF2404, TAC MF2405, TAC MF2406, TAC MF2407, TAC MF2408, TAC MF2409
Download: ML14087A126 (7)

Text

Nuclear Operating CompanySouth Texas Project Electric Generaitn Stat'on P10 &. 289 Wadsworth, Te-as 77483 -March 18, 2014NOC-AE-14003 11110 CFR 2.390Attention: Document Control DeskU. S. Nuclear Regulatory CommissionWashington, DC 20555-0001South Texas ProjectUnits 1 and 2Docket Nos. STN 50-498 and 50-499Submittal of CASA Grande Source Codefor STP's Risk-Informed GSI- 191 Licensing Application(TAC NOS. MF2400, MF2401, MF2402, MF2403,MF2404, MF2405, MF2406, MF2407, MF2408, AND MF2409)References:1. Letter, G. T. Powell, STPNOC, to NRC Document Control Desk, "Supplement 1to Revised STP Pilot Submittal and Requests for Exemptions and LicenseAmendment for a Risk-Informed Approach to Resolving Generic Safety Issue(GSI)-191", November 13, 2013, NOC-AE-13003043, ML13323A1832. Los Alamos National Laboratory (LANL) inter-agency transfer of CASA Grandesource code to Southwest Research (SWRI): SWRI (Center for Nuclear WasteRegulatory Analyses) -License Tracking Number 14-N03333This submittal documents the transmittal of the CASA Grande source code used inReference 1.The CASA Grande source code is being transmitted separately by LANL to SWRI inReference 2 via an interagency transfer.The source code is protected under an exclusive commercialization agreement betweenLos Alamos National Security (operations manager of LANL) and Alion Science &Technology. Therefore, the information and analyses embodied in the code areconsidered to be proprietary to Alion and are accompanied by a formal request towithhold the documents from public disclosure in accordance with 1 OCFR2.390(Attachment 1). The source code is considered to be proprietary in its entirety, so noredacted non-proprietary version is provided.There are no regulatory commitments in this submittal.STI: 33843525 i-i £_.....

NOC-AE-14003111Page 2 of 3If there are any questions regarding this request, please contact Wayne Harrison at(361) 972-4745 or me at (361) 972-7566.I declare under penalty of perjury that the foregoing is true and correct.Executed on: Morck Ig. Zol+G. T. PowellSite Vice PresidentawhAttachment: Alion Affidavit for Withholding NOC-AE-14003111Page 3 of 3cc:(paper copy)(electronic copy)Regional Administrator, Region IVU. S. Nuclear Regulatory Commission1600 East Lamar BoulevardArlington, TX 76011-4511Balwant K. SingalSenior Project ManagerU.S. Nuclear Regulatory CommissionOne White Flint North (MS 8 B 1)11555 Rockville PikeRockville, MD 20852NRC Resident InspectorU. S. Nuclear Regulatory ConmnissionP. 0. Box 289, Mail Code: MN1 16Wadsworth, TX 77483Jim CollinsCity of AustinElectric Utility Department721 Barton Springs RoadAustin, TX 78704A. H. Gutternan, EsquireMorgan, Lewis & Bockius LLPBalwant K. SingalMichael MarkleyJohn StangU. S. Nuclear Regulatory CommissionJohn RaganChris O'HaraJim von SuskilNRG South Texas LPKevin PolloRichard PenaL.D. BlaylockCity Public ServicePeter NemethCrain Caton & James, P.C.C. MeleCity of AustinRichard A. RatliffTexas Department of State Health ServicesRobert FreeTexas Department of State Health Services AttaclunentNOC-AE-14003111Alion Application for Withholding 0 10 N ALION Science & TechnologySCIENCE AND TECHNOLOGYAFFIDAVITI, Megan A. Stachowiak, state as follows:(1) 1 am Division Manager, Nuclear Services, ALION Science & Technology ("Alion") andhave 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 itswithholding.(2) The information sought to be withheld is CASA Grande v1.6 Source Code in itsentirety. This code was used to support the South Texas Project licensing submittal andis being submitted for Southwest Research Institute (SwRI) review. The source code isprotected by an exclusive commercialization agreement between Alion and Los AlamosNational Security (LANS), LLC.(3) In making this application for withholding of proprietary information of which it is theowner, Alion relies upon the exemption from disclosure set forth in the Freedom ofInformation Act ("FOIA"), 5 USC Sec. 552(b)(4), and the Trade Secrets Act, 18 USCSec. 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 alsoqualify under the narrower definition of "trade secret", within the meanings assigned tothose terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass EnergyProject v. Nuclear Regulatory Commission, 975F2d871 (DC Cir. 1992), and PublicCitizen Health Research Group v. FDA, 704F2d1280 (DC Cir. 1983).(4) Some examples of categories of information which fit into the definition of proprietaryinformation are:a. Information that discloses a process, method, or apparatus, including supportingdata and analyses, where prevention of its use by Alion's competitors withoutlicense from Alion constitutes a competitive economic advantage over othercompanies;b. Information which, if used by a competitor, would reduce his expenditure ofresources 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 Alion customer-funded development plans and programs, resulting in potential products to Alion;d. Information which discloses patentable subject matter for which it may bedesirable to obtain patent protection.The information sought to be withheld is considered to be proprietary for the reasons setPage I of 3MIAS Affidavit 0A LIONSCIENCE AND TECHNOLOGYforth in paragraphs (4) a, and (4) b, above.(5) To address 10 CFR 2.390 (b) (4), the information sought to be withheld is beingsubmitted to NRC in confidence. The information is of a sort customarily held inconfidence by Alion, 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 Alion,no public disclosure has been made, and it is not available in public sources. Alldisclosures to third parties including any required transmittals to NRC, have been made,or must be made, pursuant to regulatory provisions or proprietary agreements whichprovide for maintenance of the information in confidence. Its initial designation asproprietary information, and the subsequent steps taken to prevent its unauthorizeddisclosure, 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 theoriginating component, the person most likely to be acquainted with the value andsensitivity of the information in relation to industry knowledge. Access to suchdocuments within Alion is limited on a "need to know" basis.(7) The procedure for approval of external release of such a document typically requiresreview by the staff manager, project manager, principal scientist or other equivalentauthority, by the manager of the cognizant marketing function (or their delegate), andby the Legal Operation, for technical content, competitive effect, and determination ofthe accuracy of the proprietary designation. Disclosures outside Alion are limited toregulatory bodies, customers, and potential customers, and their agents, suppliers, andlicensees, and others with a legitimate need for the information, and then only inaccordance with appropriate regulatory provisions or proprietary agreements.(8) The document identified in paragraph (2), above, is classified as proprietary because itcontains "know-how" and "unique data" developed by Alion within our research anddevelopment programs. The development of this document, supporting methods anddata constitutes a major Alion asset in this current market.(9) Public disclosure of the information sought to be withheld is likely to cause substantialharm to Alion's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of Alion's comprehensive BWR/PWRGSI-191 analysis base, and its commercial value extends beyond the originaldevelopment cost. The value of the technology base goes beyond the extensivephysical database and experimental methodology and includes development of theexpertise to determine and apply the appropriate evaluation process.The research, development, engineering, analytical and experimental costs comprise asubstantial investment of time and money by Alion.The precise value of the expertise to devise an evaluation process and apply the correctanalytical methodology is difficult to quantify, but it clearly is substantial.Page 2 of 3oMAS Affidavit A/LIONSCIENCE AND TECHNOLOGYAlion's competitive advantage will be lost if its competitors are able to use the results ofthe Alion experience to normalize or verify their own process or if they are able toclaim an equivalent understanding by demonstrating that they can arrive at the same orsimilar conclusions.The value of this information to Alion would be lost if the information were disclosedto the public. Making such information available to competitors without their havingbeen required to undertake a similar expenditure of resources would unfairly providecompetitors with a windfall, and deprive Alion of the opportunity to exercise itscompetitive advantage to seek an adequate return on its large investment in developingthese very valuable analytical tools.I declare under penalty of perjury that the foregoing affidavit and the matters stated thereinare true and correct to the best of my knowledge, information, and belief.Executed on this 13th day of March 2014.Meg/A. StachowiakDivision Manager, Nuclear ServicesALION Science & TechnologyPage 3 of 3PAAS Affidavit