BSEP 13-0104, Submittal of August 20, 2013, Presentation Regarding Methods Applicability for Maximum Extended Load Line Limit Analysis Plus (Mellla+)

Submittal of August 20, 2013, Presentation Regarding Methods Applicability for Maximum Extended Load Line Limit Analysis Plus (Mellla+)

ML13277A036
Person / Time
Site:	Brunswick
Issue date:	09/24/2013
From:	Pope A Duke Energy Carolinas
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
BSEP 13-0104
Download: ML13277A036 (6)

Text

Enclosure 2 Contains Proprietary Information Brunswick Nuclear Plant DUKE Withhold in Accordance with 10 CFR 2.390(a)(4) P.O. Box 10429 ENERGY. Southport, NC 28461 SEP 2 42013 Serial: BSEP 13-0104 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001

Subject:

Brunswick Steam Electric Plant, Unit Nos. 1 and 2 Renewed Facility Operating License Nos. DPR-71 and DPR-62 Docket Nos. 50-325 and 50-324 Submittal of August 20, 2013, Presentation Regarding Methods Applicability for Maximum Extended Load Line Limit Analysis Plus (MELLLA+)

Ladies and Gentlemen:

On August 20, 2013, Duke Energy Progress, Inc., formerly known as Carolina Power & Light Company (CP&L) met with the NRC to discuss the applicability of General Electric-Hitachi (GEH) nuclear analysis methods to AREVA ATRIUM 1OXM fuel, in support of Duke Energy's plans to request a license amendment to implement MELLLA+ at the Brunswick Steam Electric Plant, Unit Nos. 1 and 2. A copy of the Duke Energy presentation is provided in Enclosure 1. provides a copy of the GEH presentation. The GEH presentation contains information considered proprietary to GEH; therefore, an affidavit supporting withholding the presentation from public disclosure is provided in Enclosure 3. A non-proprietary version of the GEH presentation is provided in Enclosure 4 Please refer any questions regarding this submittal to Mr. Lee Grzeck, Manager - Regulatory Affairs, at (910) 457-2487.

Sincerely, Ann tte H. Pope Manager - Organizational Effectiveness Brunswick Steam Electric Plant

U.S. Nuclear Regulatory Commission Page 2 of 2

Enclosures:

1. Duke Energy Presentation - Brunswick MELLLA+ Methods Applicability, Pre-Application Meeting, August 20, 2013

2. GEH Presentation on Methods Applicability to AREVA ATRIUM 1OXM Fuel (Proprietary Version)

3. GEH Affidavit Regarding Withholding Presentation on Methods Applicability to AREVA ATRIUM 1OXM Fuel

4. GEH Presentation on Methods Applicability to AREVA ATRIUM 1OXM Fuel (Non-Proprietary Version) cc (with Enclosures 1 through 4):

U. S. Nuclear Regulatory Commission, Region II ATTN: Mr. Victor M. McCree, Regional Administrator 245 Peachtree Center Ave, NE, Suite 1200 Atlanta, GA 30303-1257 U. S. Nuclear Regulatory Commission ATTN: Mr. Christopher Gratton (Mail Stop OWFN 8G9A) 11555 Rockville Pike Rockville, MD 20852-2738 U. S. Nuclear Regulatory Commission ATTN: Ms. Michelle P. Catts, NRC Senior Resident Inspector 8470 River Road Southport, NC 28461-8869 cc (with Enclosures 1, 3, and 4):

Chair - North Carolina Utilities Commission P.O. Box 29510 Raleigh, NC 27626-0510

Enclosure 3 BSEP 13-0104 GEH Affidavit Regarding Withholding Presentation on Methods Applicability to AREVA ATRIUM 1OXM Fuel

GE-Hitachi Nuclear Energy Americas LLC AFFIDAVIT I, James F. Harrison, state as follows:

(1) 1 am Vice President, Fuel Licensing, Regulatory Affairs, GE-Hitachi Nuclear Energy Americas LLC ("GEH"), and have been delegated the function of reviewing the information described in paragraph (2) which is sought to be withheld, and have been authorized to apply for its withholding.

(2) The information sought to be withheld is contained in Attachment 1 of GEH letter, GEH-PGN-MPLUS-071, Bruce W. Hagemeier (GEH) to Jeff Boaz (Progress Energy Carolinas, Inc.),

Subject:

Transmittal of GEH Presentation on Methods Applicability to AREVA ATRIUM IOXM Fuel, with Affidavit, dated August 16, 2013. GEH proprietary text in Attachment 1, which is entitled "GEH Presentation on Methods Applicability to AREVA ATRIUM 1OXM Fuel", is identified by double square brackets ((This sentence is an example.13 1)). Figures and large objects containing GEH proprietary information are identified with double square brackets before and after the object. In each case, the superscript notation (3) refers to Paragraph (3) of this affidavit, which provides the basis for the proprietary determination.

(3) In making this application for withholding of proprietary information of which it is the owner or licensee, GEH relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC Sec. 552(b)(4), and the Trade Secrets Act, 18 USC Sec. 1905, and NRC regulations 10 CFR 9.17(a)(4), and 2.390(a)(4) for "trade secrets" (Exemption 4). The material for which exemption from disclosure is here sought also qualify under the narrower definition of "trade secret", within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Energy Project v. Nuclear Regulatory Commission, 975F2d871 (DC Cir. 1992), and Public Citizen Health Research Group v. FDA, 704F2d 1280 (DC Cir. 1983).

(4) Some examples of categories of information which fit into the definition of proprietary information are:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEH's competitors without license from GEH constitutes a competitive economic advantage over other companies;

b. Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product; Affidavit for GEH-PGN-MPLUS-071 Attachment 1 Page I of 3

c. Information which reveals aspects of past, present, or future GEH customer-funded development plans and programs, resulting in potential products to GEH;

d. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.

The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs (4)a. and (4)b. above.

(5) To address 10 CFR 2.390(b)(4), the information sought to be withheld is being submitted to NRC in confidence. The information is of a sort customarily held in confidence by GEH, 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 GEH, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties, including any required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence. Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in paragraphs (6) and (7) following.

(6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge, or subject to the terms under which it was licensed to GEH. Access to such documents within GEH is limited on a

"'need to know" basis.

(7) The procedure for approval of external release of such a document typically requires review by the staff manager, project manager, principal scientist, or other equivalent authority for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside GEH are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.

(8) The information identified in paragraph (2) is classified as proprietary because it contains details of the GEH Anticipated Transient Without Scram (ATWS) design and licensing methodology. Development of the ATWS methodology and the supporting analysis techniques and information, and their application were achieved at a significant cost to GEH.

The development of this methodology, along with the testing, development and approval of the supporting methodology is derived from an extensive experience database that constitutes a major asset of GEH or its licensor.

Affidavit for GEH-PGN-MPLUS-071 Attachment 1 Page 2 of 3

(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GEH's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of GEH's comprehensive BWR safety and technology base, and its commercial value extends beyond the original development cost.

The value of the technology base goes beyond the extensive physical database and analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation process. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods.

The research, development, engineering, analytical and NRC review costs comprise a substantial investment of time and money by GEH.

The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.

GEH's competitive advantage will be lost if its competitors are able to use the results of the GEH experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.

The value of this information to GEH would be lost if the information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive GEH of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing and obtaining these very valuable analytical tools.

I declare under penalty of perjury that the foregoing affidavit and the matters stated therein are true and correct to the best of my knowledge, information, and belief.

Executed on this 16 th day of August 2013.

James F. Harrison Vice President, Fuel Licensing, Regulatory Affairs GE-Hitachi Nuclear Energy Americas LLC Affidavit for GEH-PGN-MPLUS-071 Attachment 1 Page 3 of 3