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Category:Legal-Affidavit
MONTHYEARL-2022-046, Subsequent License Renewal Application Revision - Documents WCAP-18623-P/NP Revision 1 Submittal2022-04-13013 April 2022 Subsequent License Renewal Application Revision - Documents WCAP-18623-P/NP Revision 1 Submittal ML21285A1092021-09-16016 September 2021 Enclosure 2: St. Lucie Nuclear Plant, Units 1 and 2, Subsequent Licensee Renewal Application, Revision 1 - Affidavits ML21215A3172021-08-0303 August 2021 Enclosure 2: Affidavits Supporting Withholding Proprietary Information from Public Disclosure L-2020-066, Submittal of WCAP-18452-P, Revision 1, Core Support Barrel and Core Shroud Flaw Analysis2020-04-30030 April 2020 Submittal of WCAP-18452-P, Revision 1, Core Support Barrel and Core Shroud Flaw Analysis L-2019-130, Revised Plant-Specific Evaluation of the Core Support Barrel Spring 2018 Inspection Results2019-08-19019 August 2019 Revised Plant-Specific Evaluation of the Core Support Barrel Spring 2018 Inspection Results L-2019-013, Submittal to NRC Vessels & Internals Integrity Branch of Plant-Specific Evaluation of the Core Support Barrel Spring 2018 Inspection Results2019-02-11011 February 2019 Submittal to NRC Vessels & Internals Integrity Branch of Plant-Specific Evaluation of the Core Support Barrel Spring 2018 Inspection Results L-2016-143, Response to Request for Additional Information for the Proposed Technical Specification Change to Remove the 10 Year Sediment Cleaning of the Fuel Oil Storage Tank and Relocate to Licensee-Controlled Documents2016-07-15015 July 2016 Response to Request for Additional Information for the Proposed Technical Specification Change to Remove the 10 Year Sediment Cleaning of the Fuel Oil Storage Tank and Relocate to Licensee-Controlled Documents ML15356A1842015-12-0808 December 2015 St. Lucie, Unit 2 - RAI Response for Snpb RAI-9 for the Technical Specification LAR and Exemption Request Regarding the Transitioning to Areva Fuel L-2015-279, RAI Response Clarification for SRXB-RAI-1 and Snpb RAI-2 Thru RAI-20 for the Technical Specification LAR and Exemption Request Regarding the Transitioning to Areva Fuel2015-11-0303 November 2015 RAI Response Clarification for SRXB-RAI-1 and Snpb RAI-2 Thru RAI-20 for the Technical Specification LAR and Exemption Request Regarding the Transitioning to Areva Fuel ML14079A4452014-03-20020 March 2014 Affidavit of Omar R. Lopez-Santiago Concerning Sace'S Claims Regarding Staff'S Steam Generator Inservice Inspection L-2012-207, Response to NRC Reactor Systems Branch Request for Additional Information Regarding Extended Power Uprate License Amendment Request2012-05-0303 May 2012 Response to NRC Reactor Systems Branch Request for Additional Information Regarding Extended Power Uprate License Amendment Request L-2012-171, Response to NRC Nuclear Performance Branch Request for Additional Information Regarding Extended Power Uprate License Amendment Request2012-04-19019 April 2012 Response to NRC Nuclear Performance Branch Request for Additional Information Regarding Extended Power Uprate License Amendment Request L-2012-075, Response to NRC Mechanical and Civil Engineering Branch (Emcb) Request for Additional Information Regarding Extended Power Uprate License Amendment Request2012-03-0606 March 2012 Response to NRC Mechanical and Civil Engineering Branch (Emcb) Request for Additional Information Regarding Extended Power Uprate License Amendment Request L-2011-464, Response to NRC Instrumentation & Controls Branch Request for Additional Information Regarding Extended Power Uprate License Amendment Request2011-11-0101 November 2011 Response to NRC Instrumentation & Controls Branch Request for Additional Information Regarding Extended Power Uprate License Amendment Request L-2011-413, Submittal of Attachment 2, Response to NRC Reactor Systems Branch Request for Additional Information Re Extended Power Uprate License Amendment Request2011-09-29029 September 2011 Submittal of Attachment 2, Response to NRC Reactor Systems Branch Request for Additional Information Re Extended Power Uprate License Amendment Request ML1107301162011-02-25025 February 2011 St. Lucie, Unit 2 - License Amendment Request for Extended Power Uprate L-2011-021, St. Lucie, Unit 2 - License Amendment Request for Extended Power Uprate2011-02-25025 February 2011 St. Lucie, Unit 2 - License Amendment Request for Extended Power Uprate ML1035604192010-11-22022 November 2010 St. Lucie, Unit 1 - Transmittal of Affidavits from Westinghouse, Areva and Caldon Ultrasonica Technology Center Re License Amendment Request for Extended Power Uprate L-2010-259, St. Lucie, Unit 1 - Transmittal of Affidavits from Westinghouse, Areva and Caldon Ultrasonica Technology Center Re License Amendment Request for Extended Power Uprate2010-11-22022 November 2010 St. Lucie, Unit 1 - Transmittal of Affidavits from Westinghouse, Areva and Caldon Ultrasonica Technology Center Re License Amendment Request for Extended Power Uprate L-10-384, Extended Power Uprate Licensing Report, Attachment 6; Applications for Withholding Proprietary Information from Public Disclosure2010-11-0909 November 2010 Extended Power Uprate Licensing Report, Attachment 6; Applications for Withholding Proprietary Information from Public Disclosure ML18227B3061978-08-25025 August 1978 Application for Extension of Time L-78-135, Forwarding Amendments 1 and 2 to Report CEN-79-P, Reactor Operation with Guide Tube Wear.1978-04-17017 April 1978 Forwarding Amendments 1 and 2 to Report CEN-79-P, Reactor Operation with Guide Tube Wear. ML18088A8561978-03-31031 March 1978 Response to 3/10/1978 Letter. Submits Affidavit of Messrs. Kent, Bivans and Flugger, and 12/14/1977 Fpl'S Response to Nrc'S Questions Concerning 5/16/1977 Outage Enclosed ML18114A2331978-02-27027 February 1978 Letter to Confirm Report CEN-79-P Reactor Operation with Guide Tube Wear Was Delivered to Nrc. Requests That Report Be Withheld from Public Disclosure ML18127A5771977-11-0404 November 1977 Affidavit of Clifford s Kent ML18088A8701976-08-0404 August 1976 Supplemental Affidavit of Robert E. Bathen Florida Power & Light Company Nuclear Units NRC Docket Nos. 50-335A, 50-389A, 50-250A, and 50-251A ML18088A8991976-08-0404 August 1976 Supplemental Affidavit of Robert E. Bathen Before the Nuclear Regulatory Commission of the United States ML18088B1771976-07-29029 July 1976 Supplemental Affidavit of Robert A. Jablon ML18088A8681976-04-14014 April 1976 Affidavit of Robert E. Bathen Florida Power & Light Company Nuclear Units NRC Docket No. P-636-A and NRC Docket No. 50-389-A Before the Nuclear Regulatory Commission of the United States ML18088A8691976-04-14014 April 1976 Affidavit of Harry C. Luff, Jr. Florida Power & Light Company Nuclear Units NRC Docket No. P-636-A and NRC Docket 50-389-A Before the Nuclear Regulatory Commission ML18144A7591975-02-14014 February 1975 Letter Submitting Environmental Technical Specifications for St. Lucie Plant Unit No. 1 2022-04-13
[Table view] Category:Letter type:L
MONTHYEARL-2024-010, Point Units 3 and 4, Seabrook, Duane Arnold, and Point Beach Units 1 and 2, Nuclear Property Insurance - 10 CFR 50.54(w)(3)2024-01-25025 January 2024 Point Units 3 and 4, Seabrook, Duane Arnold, and Point Beach Units 1 and 2, Nuclear Property Insurance - 10 CFR 50.54(w)(3) L-2024-004, Relief Request (RR) 7, Proposed Alternative in Accordance with 10 CFR 50.55a(z)(1) Extension of Inspection Interval for Reactor Pressure Vessel Welds from 10 to 20 Years2024-01-18018 January 2024 Relief Request (RR) 7, Proposed Alternative in Accordance with 10 CFR 50.55a(z)(1) Extension of Inspection Interval for Reactor Pressure Vessel Welds from 10 to 20 Years L-2024-002, Withdrawal of Proposed Alternative to American Society of Mechanical Engineers (ASME) Operation and Maintenance (OM) Code for the Auxiliary Feedwater (AFW) 2C Pump2024-01-0808 January 2024 Withdrawal of Proposed Alternative to American Society of Mechanical Engineers (ASME) Operation and Maintenance (OM) Code for the Auxiliary Feedwater (AFW) 2C Pump L-2023-173, Quality Assurance Topical Report (FPL-1) Revision 30 Update2023-12-15015 December 2023 Quality Assurance Topical Report (FPL-1) Revision 30 Update L-2023-179, Unusual or Important Environmental Event - Turtle Mortality2023-12-14014 December 2023 Unusual or Important Environmental Event - Turtle Mortality L-2023-168, License Amendment Request Supplement to Revision 2 for the Technical Specifications Conversion to NUREG-1432 Revision 52023-12-12012 December 2023 License Amendment Request Supplement to Revision 2 for the Technical Specifications Conversion to NUREG-1432 Revision 5 L-2023-155, Supplement to Response to Request for Additional Information, Revised NextEra Common Emergency Plan, and Revised Site-Specific Emergency Plan Annexes Regarding License Amendment Request for Common Emergency Plan Consistent with NUREG-06542023-11-28028 November 2023 Supplement to Response to Request for Additional Information, Revised NextEra Common Emergency Plan, and Revised Site-Specific Emergency Plan Annexes Regarding License Amendment Request for Common Emergency Plan Consistent with NUREG-0654, L-2023-162, Response to 50.69 2nd Round of Rals2023-11-21021 November 2023 Response to 50.69 2nd Round of Rals L-2023-131, Subsequent License Renewal Application - Second Annual Update2023-09-28028 September 2023 Subsequent License Renewal Application - Second Annual Update L-2023-136, Supplement to License Amendment Request to Adopt 10 CFR 50.69, Risk-Informed Categorization and Treatment of Structures, Systems and Components for Nuclear Power Reactors2023-09-26026 September 2023 Supplement to License Amendment Request to Adopt 10 CFR 50.69, Risk-Informed Categorization and Treatment of Structures, Systems and Components for Nuclear Power Reactors L-2023-122, Corrections to the 2022 Annual Radiological Environmental Operating Report2023-09-20020 September 2023 Corrections to the 2022 Annual Radiological Environmental Operating Report L-2023-127, Correction to the 2022 Annual Radioactive Effluent Release Report2023-09-18018 September 2023 Correction to the 2022 Annual Radioactive Effluent Release Report L-2023-113, Correction to the 2020 Annual Radiological Environmental Operating Report2023-09-14014 September 2023 Correction to the 2020 Annual Radiological Environmental Operating Report L-2023-118, Response to Request for Additional Information Regarding License Amendment Request to Adopt 10 CFR 50.69, Risk-Informed Categorization and Treatment of Structures, Systems and Components for Nuclear Power Reactors2023-09-11011 September 2023 Response to Request for Additional Information Regarding License Amendment Request to Adopt 10 CFR 50.69, Risk-Informed Categorization and Treatment of Structures, Systems and Components for Nuclear Power Reactors L-2023-108, Report of 10 CFR 50.59 Plant Changes2023-09-11011 September 2023 Report of 10 CFR 50.59 Plant Changes L-2023-112, Corrections to the 2021 Annual Radioactive Effluent Release Report2023-09-0606 September 2023 Corrections to the 2021 Annual Radioactive Effluent Release Report L-2023-107, Technical Specification Bases Control Program Periodic Report of Bases Changes TS 6.8.4.j.42023-09-0606 September 2023 Technical Specification Bases Control Program Periodic Report of Bases Changes TS 6.8.4.j.4 L-2023-114, Proposed Turkey Point Units 6 and 7; Seabrook Station; Point Beach Units 1 and 2 - Official Service List Update2023-08-17017 August 2023 Proposed Turkey Point Units 6 and 7; Seabrook Station; Point Beach Units 1 and 2 - Official Service List Update L-2023-098, and Point Beach Units 1 and 2 - Response to Request for Additional Information Regarding License Amendment Request for Common Emergency Plan Consistent with NUREG-0654, Revision 22023-08-0707 August 2023 and Point Beach Units 1 and 2 - Response to Request for Additional Information Regarding License Amendment Request for Common Emergency Plan Consistent with NUREG-0654, Revision 2 L-2023-105, Preparation and Scheduling of Operator Licensing Examinations2023-08-0303 August 2023 Preparation and Scheduling of Operator Licensing Examinations L-2023-099, Pump Relief Request 10 (PR-10), One-Time Request for an Alternative to the American Society of Mechanical Engineers (ASME) Operation and Maintenance (OM) Code for the Auxiliary Feedwater (AFW) 2C Pump2023-07-26026 July 2023 Pump Relief Request 10 (PR-10), One-Time Request for an Alternative to the American Society of Mechanical Engineers (ASME) Operation and Maintenance (OM) Code for the Auxiliary Feedwater (AFW) 2C Pump L-2023-102, Relief Request PSL2-15-RR-01, Proposed Alternative to ASME Section XI Code Examination Requirements for Reactor Vessel Bottom Area and Piping in Covered Trenches2023-07-26026 July 2023 Relief Request PSL2-15-RR-01, Proposed Alternative to ASME Section XI Code Examination Requirements for Reactor Vessel Bottom Area and Piping in Covered Trenches L-2023-097, Subsequent License Renewal Application Revision 1 - Supplement 62023-07-13013 July 2023 Subsequent License Renewal Application Revision 1 - Supplement 6 L-2023-076, In-Service Inspection Program Owner'S Activity Report (OAR-1)2023-07-11011 July 2023 In-Service Inspection Program Owner'S Activity Report (OAR-1) L-2023-087, Florida Power & Light/Nextera Energy, Results of the Safety Culture Program Effectiveness Review, March 20, 2023 (ADAMS Accession No. ML22340A452)2023-06-29029 June 2023 Florida Power & Light/Nextera Energy, Results of the Safety Culture Program Effectiveness Review, March 20, 2023 (ADAMS Accession No. ML22340A452) L-2023-082, Subsequent License Renewal Application Revision 1, Supplement 52023-06-14014 June 2023 Subsequent License Renewal Application Revision 1, Supplement 5 L-2023-074, Addendum to 2021 Decommissioning Funding Status Reports / Independent Spent Fuel Storage Installation Ctsfsi) Financial Assurance Update2023-06-0202 June 2023 Addendum to 2021 Decommissioning Funding Status Reports / Independent Spent Fuel Storage Installation Ctsfsi) Financial Assurance Update L-2023-071, NextEra Energy Quality Assurance Topical Report (FPL-1) Revision 29 and Florida Power and Light Company Quality Assurance Program Description for 10 CFR Part 52 Licenses (FPL-2) Revision 11, Annual Submittal2023-05-22022 May 2023 NextEra Energy Quality Assurance Topical Report (FPL-1) Revision 29 and Florida Power and Light Company Quality Assurance Program Description for 10 CFR Part 52 Licenses (FPL-2) Revision 11, Annual Submittal L-2023-059, Subsequent License Renewal Application - Aging Management Requests for Additional Information (RAI) Set 4 Supplemental Response2023-04-21021 April 2023 Subsequent License Renewal Application - Aging Management Requests for Additional Information (RAI) Set 4 Supplemental Response L-2023-055, 2022 Annual Environmental Operating Report2023-04-12012 April 2023 2022 Annual Environmental Operating Report L-2023-041, Annual Radiological Environmental Operating Report for Calendar Year 20222023-04-0404 April 2023 Annual Radiological Environmental Operating Report for Calendar Year 2022 L-2023-051, Report of 10 CFR 50.59 Plant Changes2023-04-0404 April 2023 Report of 10 CFR 50.59 Plant Changes L-2023-021, Units, 1 and 2, Turkey Point, Units 3 and 4, Seabrook Station and Point Beach, Units 1 and 2 - Decommissioning Funding Status Reports / Independent Spent Fuel Storage Installation (ISFSI) Financial Assurance Update2023-03-28028 March 2023 Units, 1 and 2, Turkey Point, Units 3 and 4, Seabrook Station and Point Beach, Units 1 and 2 - Decommissioning Funding Status Reports / Independent Spent Fuel Storage Installation (ISFSI) Financial Assurance Update L-2023-042, Periodic Update of Population Data within 10 and 50 Miles of the Plant2023-03-27027 March 2023 Periodic Update of Population Data within 10 and 50 Miles of the Plant L-2023-026, Subsequent License Renewal Application - Aging Management Requests for Additional Information Set 42023-03-27027 March 2023 Subsequent License Renewal Application - Aging Management Requests for Additional Information Set 4 L-2023-028, and Point Beach Units 1 and 2, 10 CFR 50.46 Annual Reporting of Changes to, or Errors in Emergency Core Cooling System Models or Applications2023-03-27027 March 2023 and Point Beach Units 1 and 2, 10 CFR 50.46 Annual Reporting of Changes to, or Errors in Emergency Core Cooling System Models or Applications L-2023-025, Fleet Relief Request (Frr) 23-01, Proposed Alternative to ASME Section XI Authorizing Implementation of ASME Code Case N-752-12023-03-15015 March 2023 Fleet Relief Request (Frr) 23-01, Proposed Alternative to ASME Section XI Authorizing Implementation of ASME Code Case N-752-1 L-2023-029, and Point Beach Units 1 and 2 Nuclear Property Insurance - 10 CFR 50.54(w)(3)2023-03-10010 March 2023 and Point Beach Units 1 and 2 Nuclear Property Insurance - 10 CFR 50.54(w)(3) L-2023-039, Cycle 27 Core Operating Limits Report2023-03-0707 March 2023 Cycle 27 Core Operating Limits Report L-2023-032, 2022 Annual Radioactive Effluent Release Report2023-02-28028 February 2023 2022 Annual Radioactive Effluent Release Report L-2023-038, 2022 Annual Operating Report2023-02-28028 February 2023 2022 Annual Operating Report L-2023-016, Radiological Emergency Plan - Revision 74 Report of Changes to Emergency Plan2023-02-15015 February 2023 Radiological Emergency Plan - Revision 74 Report of Changes to Emergency Plan L-2023-019, Annual Summary of Commitment Changes Implemented Without Prior NRC Notification for Calendar Year 20222023-02-15015 February 2023 Annual Summary of Commitment Changes Implemented Without Prior NRC Notification for Calendar Year 2022 L-2023-009, Owner'S Activity Report2023-01-31031 January 2023 Owner'S Activity Report L-2022-188, Unusual or Important Environmental Event - Turtle Mortality2022-12-19019 December 2022 Unusual or Important Environmental Event - Turtle Mortality L-2022-185, Turkey Points, Units 3 & 4; Seabrook Station; and Point Beach, Units 1 and 2 - Supplement to License Amendment Request for Common Emergency Plan Consistent with NUREG-0654, Revision 22022-12-0909 December 2022 Turkey Points, Units 3 & 4; Seabrook Station; and Point Beach, Units 1 and 2 - Supplement to License Amendment Request for Common Emergency Plan Consistent with NUREG-0654, Revision 2 L-2022-175, Application to Adopt 10 CPR 50.69, 'Risk-Informed Categorization and Treatment of Structures, Systems and Components for Nuclear Power Reactors2022-12-0202 December 2022 Application to Adopt 10 CPR 50.69, 'Risk-Informed Categorization and Treatment of Structures, Systems and Components for Nuclear Power Reactors L-2022-180, CFR 140.21 Licensee Guarantees of Payment of Deferred Premiums2022-11-0909 November 2022 CFR 140.21 Licensee Guarantees of Payment of Deferred Premiums L-2022-165, Subsequent License Renewal Application - Aging Management Request for Additional Information (RAI) 4.3.1-1a(second Round) - Class 1 Fatigue Response2022-10-26026 October 2022 Subsequent License Renewal Application - Aging Management Request for Additional Information (RAI) 4.3.1-1a(second Round) - Class 1 Fatigue Response L-2022-160, Station,, Point Beach Units 1 and 2, License Amendment Request for Common Emergency Plan Consistent with NUREG-0654, Revision 22022-10-0404 October 2022 Station,, Point Beach Units 1 and 2, License Amendment Request for Common Emergency Plan Consistent with NUREG-0654, Revision 2 2024-01-08
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Florida Power &Light Company, 6501 South Ocean Drive, Jensen Beach, FL 34957 April 19, 2012 FPL, Proprietary Information -Withhold From Public Disclosure Under 10 CFR 2.390 The balance of this letter may be considered non-proprietary upon removal of Attachment 1.
L-2012-171 10 CFR 50.90 10 CFR 2.390 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555 Re: St. Lucie Plant Unit 2 Docket No. 50-389 Renewed Facility Operating License No. NPF-16 Response to NRC Nuclear Performance Branch Request for Additional Information Regarding Extended Power Uprate License Amendment Request
References:
(1) R. L. Anderson (FPL) to U.S. Nuclear Regulatory Commission (L-2011-021), "License Amendment Request for Extended Power Uprate," February 25, 2011, Accession No. ML110730116.
By letter L-2011-021 dated February 25, 2011 [Reference 1], Florida Power & Light Company (FPL) requested to amend Renewed Facility Operating License No. NPF-16 and revise the St.
Lucie Unit 2 Technical Specifications (TS). The proposed amendment will increase the unit's licensed core thermal power level from 2700 megawatts thermal (MWt) to 3020 MWt and revise the Renewed Facility Operating License and TS to support operation at this increased core thermal power level. This represents an approximate increase of 11.85% and is therefore considered an Extended Power Uprate (EPU).
In a phone conference between FPL, Westinghouse and the NRC on April 11, 2012, NRC staff requested information associated with conservatisms applied in the St. Lucie Unit 2 EPU calculation of fuel cladding strain. The requested information is provided in Attachment 1 to this letter.
an FPL Group company
L-2012-171 Page 2 of 2 Attachment 1 is proprietary in its entirety, as it contains information that is proprietary to Westinghouse Electric Company (Westinghouse). Attachment 2 contains the Proprietary Information Affidavit. The purpose of this attachment is to withhold the proprietary information contained in Attachment 1 from public disclosure. The Affidavit, signed by Westinghouse as the owner of the information, sets forth the basis for which the information may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of § 2.390 of the Commission's regulations. Accordingly, it is respectfully requested that the information proprietary to Westinghouse be withheld from public disclosure in accordance with 10 CFR 2.390.
This submittal does not alter the significant hazards consideration or environmental assessment previously submitted by FPL letter L-2011-021 [Reference 1].
This submittal contains no new commitments and no revisions to existing commitments.
In accordance with 10 CFR 50.91 (b)(1), a copy of this letter is being forwarded to the designated State of Florida official.
Should you have any questions regarding this submittal, please contact Mr. Christopher Wasik, St. Lucie Extended Power Uprate LAR Project Manager, at 772-467-7138.
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
Executed on 1 C,-It,;
Z Very truly yours,
<-Richard L. Andersn Site Vice President St. Lucie Plant Attachments (2) cc: Mr. William Passetti, Florida Department of Health
L-2012-171 Attachment 2 ATTACHMENT 2 EXTENDED POWER UPRATE - RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION RELATED TO THERMAL CONDUCTIVITY DEGRADATION Affidavit to Withhold from Public Disclosure Proprietary Information Under 10 CFR 2.390 (Cover page plus 7 pages)
S Westinghouse Nuclear ServicesElectric Company Westinghouse 1000 Westinghouse Drive Cranberry Township, Pennsylvania 16066 USA U.S. Nuclear Regulatory Commission Direct tel: (412) 374-4643 Document Control Desk, Direct fax: (724) 720-0754 11555 Rockville Pike e-mail: greshaja@westinghouse.com Rockville, MD 20852 Project Ltr: FPL-12-128 CAW-12-3456 April 13, 2012 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
CE-12-237, "Representative Power Peaking Factor Reduction for Transient Strain Calculations" (Proprietary)
The proprietary material for which withholding is being requested in the above-referenced report is further identified in Affidavit CAW-12-3456 signed by the owner of the proprietary information, Westinghouse Electric Company LLC. The affidavit, which accompanies this letter, sets forth the basis on which the information may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10 CFR Section 2.390 of the Commission's regulations.
The subject document was prepared and classified as Westinghouse Proprietary Class 2. Westinghouse requests that the document be considered proprietary in its entirety. As such, a non-proprietary version will not be issued.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by Florida Power & Light (FPL).
Correspondence with respect to the proprietary aspects of this application for withholding or the Westinghouse affidavit should reference this letter, CAW-12-3456 and should be addressed to J. A. Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company, Suite 428, 1000 Westinghouse Drive, Cranberry Township, Pennsylvania 16066.
Very truly yopm's, J. A. Gresham, Manager Regulatory Compliance Enclosures
CAW-12-3456 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
SS COUNTY OF BUTLER:
Before me, the undersigned authority, personally appeared J. A. Gresham, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Company LLC (Westinghouse), and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
't, PJA. Greshamanager Regulatory Compliance Sworn to and subscribed before me this 13th day of April 2012 otary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Marianne Spanik, Notary Public Center Twp., Beaver County My Commission Expires May 14, 2013 Member, Pennsylvpnia Association of Notaries
2 CAW-1 2-3456 (1) 1 am Manager, Regulatory Compliance, in Nuclear Services, Westinghouse Electric Company LLC (Westinghouse), and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing and rule making proceedings, and am authorized to apply for its withholding on behalf of Westinghouse.
(2) 1 am making this Affidavit in conformance with the provisions of 10 CFR Section 2.390 of the Commission's regulations and in conjunction with the Westinghouse Application for Withholding Proprietary Information from Public Disclosure accompanying this Affidavit.
(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse in designating information 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 the information 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 held in confidence by Westinghouse.
(ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining the 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 in confidence. The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.
Under that system, information is held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage, 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
3 CAW- 12-3456 Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.
(b) It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.
(c) Its use 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 a similar product.
(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
(f) It contains patentable ideas, for which patent protection may be desirable.
There are sound policy reasons behind the Westinghouse system which include the following:
(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
(b) It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.
(c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.
4 CAW-I 2-3456 (d) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.
(e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.
(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
(iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.390; it is to be received in confidence by the Commission.
(iv) The information sought to be protected is not available in public sources or available information has not been previously employed in the same original manner or method to the best of our knowledge and belief.
(v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in CE-12-237, "Representative Power Peaking Factor Reduction for Transient Strain Calculations" (Proprietary) for submittal to the Commission, being transmitted by Florida Power & Light (FPL) letter and Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk. The proprietary information as submitted by Westinghouse is associated with Westinghouse's Fuel Performance Codes.
5 CAW-12-3456 This information is part of that which will enable Westinghouse to:
(a) Assist customers in obtaining NRC review of the Westinghouse fuel performance codes as applied to St. Lucie Unit 2.
Further this information has substantial commercial value as follows:
(a) Assist customer to obtain license changes.
(b) The information requested to be withheld reveals the distinguishing aspects of a methodology which was developed by Westinghouse.
Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar fuel design and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.
The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.
In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended.
Further the deponent sayeth not.
PROPRIETARY INFORMATION NOTICE Transmitted herewith is the proprietary version of a document furnished to the NRC in connection with requests for approval of the St. Lucie Unit 2 EPU LAR. The document is considered to be proprietary in its entirety.
COPYRIGHT NOTICE The reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copies of the information contained in these reports which are necessary for its internal use in connection with 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 public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection notwithstanding. Copies made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.