ML15279A226
| ML15279A226 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 10/02/2015 |
| From: | Costanzo C R Florida Power & Light Co |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML15279A222 | List: |
| References | |
| L-2015-259, TAC MF5494, TAC MF5495 | |
| Download: ML15279A226 (12) | |
Text
Contains Proprietary Information -Withhold per 10 CFR 2.3900October 2, 2015 L-2015-259FPL. 10 CFR 50.90U. S. Nuclear Regulatory CommissionDocument Control DeskWashington, DC 20555-0001RE: St. Lucie Unit 2Docket No. 50-389RAI Response to SRXB-RAI-1 and SNPB RAI-2 thru RAI-20 for the TechnicalSpecification LAR and Exemption Request Regarding the Transitioning to AREVA Fuel
Reference:
- 1. FPL letter L-2014-366 dated December 30, 2014, "Application for TechnicalSpecification Change and Exemption Request Regarding the Transitioning to AREVAFuel," Accession No. ML 15002A0912. FPL letter L-2015-091 dated March 23, 2015, "Supplemental Information for TechnicalSpecification Change and Exemption Request Regarding the Transitioning to ARENAFuel," Accession No. ML 15084A01 13. NRC letter dated May 12, 2015, "St. Lucie Plant, Unit No. 2 -Request for AdditionalInformation Regarding License Amendment Request and Exemption Request Regardingthe Transitioning to AREVA Fuel (TAC NOS. MF5494 AND MF5495)," Accession No.ML1 51 27A4054. FPL Letter L-2015-166 dated June 2, 2015, "RAI Reply for Application for TechnicalSpecification Change and Exemption Request Regarding the Transitioning to ARE VAFuel," Accession No. ML 15161 A3165. FPL Letter L-2015-177 dated June 18, 2015, "Resubmittal of the AREVA Small BreakLOCA Summary Report Within the Application for Technical Specification Change andExemption Request Regarding the Transitioning to AREVA Fuel," Accession No.ML15181A2906. NRC Letter dated June 24, 2015, "St. Lucie Plant, Unit 2 -Request for AdditionalInformation Regarding License Amendment Request and Exemption Request Regardingthe Transitioning to AREVA Fuel (TAC Nos. MF5494 and MF5495)," Accession No.ML15166A368,7. FPL Letter L-2015-209 dated July 30, 2015, "RAI Response to SNPB-RAI-1 for theTechnical Specification LAR and Exemption Request Regarding the Transitioning toARE VA Fuel," Accession No. ML 1521 9A 1848. NRC Letters dated September 4, 2015, "St. Lucie Plant, Unit No. 2 -Request forAdditional fnformation Regarding License Amendment Request and Exemption RequestRegarding the Transitioning to AREVA Fuel (TAC Nos. MF5494 AND MF5495),"Accession Nos. ML 15233A031 and ML 15233A036Pursuant to 10 CFR 50.90, Florida Power & Light Company (FPL) submitted via Reference 1and supplemented via Reference 2 a license amendment to the Technical Specifications (TS) forSt. Lucie Unit 2 to allow the use of AREVA fuel. References 4 and 7 provided the responses tothe NRC requests for additional information (RAIs) of References 3 and 6. Reference 5modified the proprietary markings contained in the SBLOCA summary report.Floachrrjent3 contains proprietary information per 10 CFR 2.390, upon removal, this document isg Copanyuncontrolled6501 S. Ocean Drive, Jensen Beach, FL 34957 L-2015-259Page 2The NRC transmitted additional RAIs in Reference 8, and this letter provides the response to theRAIs in Attachments 3 and 4 to this letter. Attachments 3 and 4 exclude the response to SNPBRAI-9 as the AREVA evaluations needed to fully address the information as it relates to seismicand seismic/LOCA are not complete. A date for transmittal of the response to SNPB RAI-9 willbe provided to the NRC Project Manager as soon as practicable. Additionally, all the RAIresponses related to small break loss of coolant accident (SBLOCA) are based on updatedSBLOCA calculations with conservative charging flow configuration as stated in the response toSNPB RAI-l15. Attachments 1 and 2 provide the affidavits for withholding the AREVA andWestinghouse, respectively, proprietary information contained in the RAI responses from thepublic. Attachment 3 provides the proprietary RAI responses, and Attachment 4 provides thenon-proprietary version of the RAJ responses.If you should have any questions, please contact Mr. Ken Frehafer at (772) 467-7748.I declare under penalty of perjury that the foregoing is true and correct.Executed on 2... ,2015.Sincerely,Christopher R. CostanzoSite Vice PresidentSt. Lucie PlantCRC/KWFAttachments1. ARE VA affidavit for withholding proprietary information from the public2. Westinghouse affidavit for withholding proprietary information from the public3. AREVA proprietary report ANP-3440P, Revision 1, Response to NRC Questions SRXB-RAI-l and SNPB RAJ-2 thru SNPB RAI-204. AREVA non-proprietary report ANP-3440NP, Revision 1, Response to NRC QuestionsSRXB-RAI-l and SNPB RAJ-2 thru SNPB RAI-20cc: USNRC Regional Administrator, Region IIUSNRC Senior Resident Inspector, St. Lucie Nuclear PlantMs. Cindy Becker, Florida Department of Health L-2015-259Attachment 1Page 1 of 3AFFI DAVITCOMMONWEALTH OF VIRGINIA )) ss.CITY OF LYNCHBURG)t. My name is Nathan E. Hottle. I am Manager, Product Licensing, for AREVAinc. (AREVA) and as such I am authorized to execute this Affidavit.2. I am familiar with the criteria applied by AREVA to determine whether certainAREVA information is proprietary. I am familiar with the policies established by*ARE VA to ensure the proper application of these criteria.3. I am familiar with the AR EVA information contained in the following document:"St. Lucie Unit 2 Fuel Transition: Response to NRC Questions SRXB-RAI-1 and SNPB RAI-2 thruSNPB3 RAI-20." referred to herein as 'Document." Information contained in this Document hasbeen classified by AREVA as proprietary in accordance with the policies established by AREVAInc. for the control and protection of proprietary and confidential information.4. This Document contains information of a proprietary and confidential natureand is of the type customarily held in confidence by AREVA and not made available to thepublic. Based on my experience, I am aware that other companies regard information of thekind contained in this Document as proprietary and confidential.5. This Document has been made available to the U.S. Nuclear RegulatoryCommission in confidence with the request that the information contained in this Document bewithheld from public disclosure. The request for withholding of proprietary information is made inaccordance with 10 CFR 2.390. The information for which withholding from disclosure is L-2015-259Attachment 1Page 2 of 3requested qualifies under 10 CFR 2.390(a)(4) 'Trade secrets and commercial or financialinformation."6. The following criteria are customardly applied by AREVA to determine whetherinformation should be classified as proprietary:(a) The information reveals details of AREVA's research and development plansand programs or their results.(b) Use of the information by a competitor would permit the competitor tosignificantly 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 aprocess, methodology, or component, the application of which results in acompetitive advantage for AREVA.(d) The information reveals certain distinguishing aspects of a process,methodology, or component, the exclusive use of which provides acompetitive advantage for AREVA in product optimization or marketability.(e) The information is vital to a competitive advantage held by AREVA, would behelpful to competitors to AREVA, and would likely cause substantial harm tothe competitive position of AREVA.The information in this Document is considered proprietary for the reasons set forth inparagraphs 6(b), 6(c), 6(d) and 6(e) above.7. In accordance with AREVA's policies governing the protection and contrci ofinformation, proprietary information contained in this Document has been made available, on alimited basis, to others outside AREVA only as required and under suitable agreement providingfor nondisclosure and limited use of the information.8. AREVA policy requires that proprietary information be kept in a secured file orarea and distributed on a need-to-know basis.
L-2015-259Attachment 1Page 3 of 3tJocUmer.9. The foregoing statements are true and correct to the best of my knowledge,information, and belief.SUBSCRIBED before me this ______day of S 2 " ,2015.Sherry L. MeFadenNOTARY PUBLIC, COMMONWEALTH OF VIRGINIAMY COMMISSION EXPIRES: 10/31118Reg. # 7079129 L-2015-259Attachment 2Page 1 of 7~~~Westinghouse Elenctric Coo mpanyoo1000 W'estinghouse DriveU.S. Nuclear Regulatory Commission Direct tel: (412) 374-4643Document Control Desk Direct fax: (724) 940-856011555 Roekville Pike e-mail: greshaj a @westinghouse.comRockville, MVD 20852CAW-15-4297October 1, 2015APPLICATION FOR WITHHOLDING PROPRIETARYINFORMATION FROM PUBLIC DISCLOSURE
Subject:
Westinghouse Data to be Supplied to USNRC in Support of St. Lucie Unit 2 Fuel TransitionRequest for Additional InformationThe Application for Withholding Proprietary Infonmation from Public Disclosure is submitted byWestinghouse Electric Company LLC (Westinghouse), pursuant to the provisions of paragraph (b)(1) ofSection 2.390 of the Commission's regulations. It contains commercial strategic information proprietaryto Westinghouse and customarily held in confidence.The proprietary information for which withholding is being requested in the above-referenced report isfurther identified in Affidavit CAW-I 5-4297 signed by the owner of the proprietary information,Westinghouse Electric Company LLC. The Affidavit, which accompanies this letter, sets forth the basison which the information may be withheld from public disclosure by the Commission and addresses withspecificity the considerations listed in paragraph (b)(4) of 10 CPR Section 2.390 of the Commission'sregulations.Accordingly, this letter authorizes the utilization of the accompanying Affidavit by NextEra Energy.Correspondence with respect to the proprietary aspects of the Application for Withholding or theWestinghouse Affidavit should reference CAW-15-4297, and should be addressed to James A. Gresham,Manager, Regulatory Compliance, Westinghouse Electric Company, 1000 Westinghouse Drive,Building 3 Suite 310, Cranberry Township, Pennsylvania 16066.A. Greshamn, ManagerRegulatory Compliance L-2015-259Attachment 2Page 2 of 7CAW- 15 -4297October 1, 2015AFFIDAVITCOMMONWEALTH OF SSCOUNTY OF BUTLER:I, James A. Gresham, am authorized to execute this Affidavit on behalf of Westinghouse ElectricCompany LLC (Westinghouse), and that the averments of fact set forth in this Affidavit are true andcorrect to the best of my knowledge, information, and belief.Regulatory Compliance L-2015-259Attachment 2Page 3 of 72 CAW- 15-4297(1) 1 am Manager, Regulatory Compliance, Westinghouse Electric Company LLC (Westinghouse),and as such, I have been specifically delegated the function of reviewing the proprietaryinformation sought to be withheld from public disclosure in connection with nuclear power plantlicensing and rule making proceedings, and am authorized to apply for its withholding on behalfof Westinghouse.(2) 1 am making this Affidavit in conformance with the provisions of 10 CFR Section 2.390 of theCommission's regulations and in conjunction with the Westinghouse Application for WithholdingProprietary Information from Public Disclosure accompanying this Affidavit.(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse in designatinginformation as a trade secret, privileged or as confidential commercial or financial information.(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.390 of the Commission's regulations,the following is furnished for consideration by the Commission in determining whether theinformation sought to be withheld from public disclosure should be withheld.(i) The information sought to be withheld from public disclosure is owned and has been heldin confidence by Westinghouse.(ii) The information is of a type customarily held in confidence by Westinghouse and notcustomarily disclosed to the public. Westinghouse has a rational basis for determiningthe types of information customarily held in confidence by it and, in that connection,utilizes a system to determine when and whether to hold certain types of information inconfidence. The application of that system and the substance of that system constituteWestinghouse policy and provide the rational basis required.Under that system, information is held in confidence if it fails in one or more of severaltypes, the release of which might result in the loss of an existing or potential competitiveadvantage, as follows:(a) The information reveals the distinguishing aspects of a process (or component,structure, tool, method, etc.) where prevention of its use by any of L-20 15-259Attachment 2Page 4 of 73 CAW-15-4297Westinghouse's competitors without license from Westinghouse constitutes acompetitive economic advantage over other companies.(bo) It consists of supporting data, including test data, relative to a process (orcomponent, structure, tool, method, etc.). the application of which data secures acompetitive economic advantage, e.g., by optimization or improvedmarketability.(c) Its use by a competitor would reduce his expenditure of resources or improve hiscompetitive position in the design, manufacture, shipment, installation, assuranceof quality, or licensing a similar product.(d) It reveals cost or price information, production capacities, budget levels, orcommercial strategies of Westinghouse, its customers or suppliers.(e) It reveals aspects of past, present, or future Westinghouse or customer fundeddevelopment plans and programs of potential commercial value to Westinghouse.(f) It contains patentable ideas, for which patent protection may be desirable.(iii) There are sound policy reasons behind the Westinghouse system which include thefollowing:(a) The use of such information by Westinghouse gives Westinghouse a competitiveadvantage over its competitors. It is, therefore, withheld from disclosure toprotect the Westinghouse competitive position.(b) It is information that is marketable in many ways. The extent to which suchr-information is available to competitors diminishes the Westinghouse ability tosell products and services involving the use of the information.(c) Use by our competitor would put Westinghouse at a competitive disadvantage byreducing his expenditure of resources at our expense.
L-2015-259Attachment 2Page 5 of 74 CAW- 15 -4297(d) Each component of proprietary information pertinent to a particular competitiveadvantage is potentially as valuable as the total competitive advantage. Ifcompetitors acquire components of proprietary information, any one componentmay be the key to the entire puzzle, thereby depriving Westinghouse of acompetitive advantage.(e) Unrestricted disclosure would jeopardize the position of prominence ofWestinghouse in the world market, and thereby give a market advantage to thecompetition of those countries.(f) The Westinghouse capacity to invest corporate assets in research anddevelopment depends upon the success in obtaining and maintaining acompetitive advantage.(iv) The information is being transmitted to the Commission in confidence and, under theprovisions of 10 CFR Section 2.3 90, it is to be received in confidence by theCommission.(v) The information sought to be protected is not available in public sources or availableinformation has not been previously employed in the same original manner or method tothe best of our knowledge and belief.(vi) The proprietary information sought to be withheld in this submittal is that which isappropriately marked in "Westinghouse Data to be Supplied to USNRC in Support of StLLucie Unit 2 Fuel Transition Request for Additional Information" (Proprietary), forsubmittal to the Commission, being transmitted by NextEra Energy Letter L-2015-259and Application for.Withholding Proprietary Information from Public Disclosure, to theDocument Control Desk. The proprietary information as submitted by Westinghouse isthat associated with the RAI response provided in NextEra Energy Letter L.-2015-259,and may be used only for that purpose.
L-2015-259Attachment 2Page 6 of 75 CAW-l15-4297(a) This information is part of that which will enable Westinghouse to:(i) Perform various fuel-related design and analysis services in support ofplant operation.(b) Further this information has substantial commercial value as follows:(i) Westinghouse plans to sell the use of similar information to its customersfor the purpose of various fuel related analyses.(ii) Westinghouse can sell support and defense of industry guidelines andacceptance criteria for plant-specific applications.(iii) The information requested to be withheld reveals the distinguishingaspects of a methodology which was developed by Westinghouse.Public disclosure of this proprietary information is likely to cause substantial harm to thecompetitive position of Westinghouse because it would enhance the ability ofcompetitors to provide similar technical evaluation justifications and licensing defenseservices for commercial power reactors without commensurate expenses. Also, publicdisclosure of the information would enable others to use the information to meet NRCrequirements for licensing documentation without purchasing the right to use theinformation.The development of the technology described in part by the information is the result ofapplying the results of many years of experience in an intensive Westinghouse effort andthe expenditure of a considerable sum of money.In order for competitors of Westinghouse to duplicate this information, similar technicalprograms would have to be performed and a significant manpower effort, having therequisite talent and experience, would have to be expended.Further the deponent sayeth not.
L-20 15-259Attachment 2Page 7 of 7PROPRIETARY INFORMATION NOTICETransmitted herewith are proprietary and non-proprietaty versions of documents furnished to the NRC inconnection with requests for generic and/or plant-specific review and approval.In order to conform to the requirements of 10 CFR 2.390 of the Commission's regulations concerning theprotection of proprietary information so submitted to the NRC, the information which is proprietary in theproprietary versions is contained within brackets, and where the proprietary information has been deletedin the non-proprietary versions, only the brackets remain (the information that was contained within thebrackets in the proprietary versions having been deleted). The justification for claiming the infornationso designated as proprietary is indicated in both versions by means of lower case letters (a) through (f)located as a superscript immediately following the brackets enclosing each item of information beingidentified as proprietary or in the margin opposite such information. These lower case letters refer to thetypes of information Westinghouse customarily holds in confidence identified in Sections (4)(ii)(a)through (4)(ii)(f) of the Affidavit accompanying this transmittal pursuant to 10 CFR 2.390(b)(1),COPYRIGHT NOTICEThe reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted tomake the number of copies of the information contained in these reports which are necessary for itsinternal use in connection with generic and plant-specific reviews and approvals as well as the issuance,denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license,permit, order, or regulation subject to the requirements of 10 CFR 2.390 regarding restrictions on publicdisclosure to the extent such information has been identified as proprietary by Westinghouse, copyrightprotection notwithstanding. With respect to the non-proprietary versions of these reports, the NRC ispermitted to make the number of copies beyond those necessary for its internal use which are necessary inorder to have one copy available for public viewing in the appropriate docket files in the public documentroom in Washington, DC and in local public document rooms as may be required by NRC regulations ifthe number of copies submitted is insufficient for this purpose. Copies made by the NRC must includethe copyright notice in all instances and the proprietary notice if the original was identified as proprietary.