ML100480184
| ML100480184 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna, PROJ0704  |
| Issue date: | 02/08/2010 |
| From: | Libra R Electric Power Research Institute |
| To: | Document Control Desk, Office of New Reactors |
| References | |
| 2010-048, BWRVIP-117-A | |
| Download: ML100480184 (5) | |
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ELECTRIC POWER RESEARCH INSTITUTE 201 0-048 BWR Vessel & Internals Project (BWRVIP)
February 8, 2010 Document Control Desk U. S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 Attention:
Subject:
Project No. 704-BWRVIP-1 17-A: BWR Vessel and Internals Project, RAMA Fluence Methodology Plant Application-Susquehanna Unit 2 Surveillance Capsule Fluence Evaluation For Cycles 1-5 Enclosed are five (5) hard copies of the report "BWRVIP-1 17-A: BWR Vessel and Internals Project, RAMA Fluence Methodology Plant Application-Susquehanna Unit 2 Surveillance Capsule Fluence Evaluation For Cycles 1-5, EPRI Technical Report 1019051, June 2009...
The enclosed report is a revision of the original BWRVIP-117 report previously submitted to the NRC. The enclosed report incorporates changes proposed by the BWRVIP in response to an NRC Request for Additional Information, recommendations in the NRC Safety Evaluation (SE),
and other necessary revisions identified since the previous publication of the report. All changes are marked with margin bars. The BWRVIP report number includes an "-A" suffix indicating that this version of the report has been reviewed and accepted by the NRC staff. The enclosed report includes the NRC SE. A summary of revisions made to the report is provided in Appendix C.
It is requested that review of BWRVIP-1 17-A be performed on a fee exempt basis. Note that the original BWRVIP-117 report was reviewed by the NRC on a fee exempt basis and the "-A" revision to BWRVIP-1 17 does not include any significant changes to the scope or use of the report. Therefore, an accompanying fee exemption request to the Office of the Chief Financial Officer is not being submitted.
All proprietary information is marked with double brackets and is highlighted with yellow shading. The proprietary information is also marked with the letters "TS" in the margin indicated that information is considered trade secrets in accordance with 10CFR2.390.
Please note that the enclosed BWRVIP-117-A report contains proprietary information. A letter requesting that the BWRVIP-1 17-A report be withheld from public disclosure and an affidavit describing the basis for withholding this information are provided as Attachment 1.
Together.
. Shaping the Future of Electricity PALO ALTO OFFICE 3420 Hillview Avenue, Palo Alto, CA 94304-13.95 USA
- 650.855.2000
- Customer Service 800.313.3774
- www.epri.com
BWRVIP 2010-048 Two (2) copies of the non-proprietary report "BWRVIP-1 17NP-A: BWR Vessel and Internals Project, RAMA Fluence Methodology Plant Application-Susquehanna Unit 2 Surveillance Capsule Fluence Evaluation For Cycles 1-5," EPRI Technical Report 101905 1NP, June 2009, are also enclosed. This non-proprietary report is identical to the enclosed proprietary report except that the proprietary information has been deleted and the letters "NP" appear in the BWRVIP report number.
If you have any questions on this subject please call Randy Schmidt (PSEG, BWRVIP Assessment Committee Technical Chairman) at 856-339-3740 Sincerely, Rick Libra Exelon Chairman, BWR Vessel and Internals Project
I12I ELECTRIC POWER RESEARCH INSTITUTE January 6, 2010 Document Control Desk Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
Subject:
Request for Withholding of the following Proprietary Document:
"BWRVIP-1 17-A: BWR Vessel and Internals Project, RAMA Fluence Methodology Plant Application - Susquehanna Unit 2 Surveillance Capsule Fluence Evaluation For Cycles 1-5,"
EPRI Technical Report 1019051, June 2009 To Whom It May Concern:
This is a request under 10 C.F.R. §2.390(a)(4),that the U.S. Nuclear Regulatory Commission
("NRC") withhold from public disclosure the information identified in the enclosed Affidavit consisting of the proprietary information owned by Electric Power Research Institute, Inc.
("EPRI") identified above (the "Repot). Proprietary and non-proprietary versions of the Report and the Affidavit in support of this request are enclosed.
EPRI desires to disclose the Report, in confidence, the report for informational purposes to assist the NRC. The Report is not to be divulged to anyone outside of the NRC or to any of its contractors, nor shall any copies be made of the Report provided herein. EPRI welcomes any discussions and/or questions relating to the information enclosed.
If you have any questions about the legal aspects of this request for withholding, please do notý hesitate to contact me at (650) 855-2064. Questions on the content of the Report should be directed to Randy Stark of EPRI at (650)855-2122.
Sincerely, Tuan Nguyen Acting Vice President, Nuclear Together...
Shaping the Future of Electricity PALO ALTO OFFICE 3420 Hillview Avenue, Palo Alto, CA 94304-1338 USA
- 650.855.2000
- Customer Service 800.313.3774
- www.epri.com
_EI 2 II ELECTRIC POWER RESEARCH INSTITUTE AFFIDAVIT RE:
Request for Withholding of the Following Proprietary Document:
"BWRVIP-1 17-A: BWR Vessel and Internals Project, RAMA Fluence Methodology Plant Application - Susquehanna Unit 2 Surveillance Capsule Fluence Evaluation For Cycles 1-5,"
EPRI Technical Report 1019051, June 2009 I, TUAN NGUYEN, being duly sworn, depose and state as follows:
I am Acting Vice President, Nuclear, at Electric Power Research Institute, Inc. whose principal office is located at 3420 Hillview Avenue, Palo Alto, California ("EPRI") and I have been specifically delegated responsibility for the above-listed Report that is sought under this Affidavit to be withheld (the "Repor"). I am authorized to apply to the U.S. Nuclear Regulatory Commission ("NRC") for the withholding of the Report on behalf of EPRI.
EPRI requests that the Report be withheld from the public on the following bases:
Withholding Based Upon Privileged And Confidential Trade Secrets Or Commercial Or Financial Information:
- a.
The Report is owned by EPRI and has been held in confidence by EPRI.
All entities accepting copies of the Report do so subject to written agreements imposing an obligation upon the recipient to maintain the confidentiality of the Report. The Report is disclosed only to parties who agree, in writing, to preserve the confidentiality thereof.
- b.
EPRI considers the Report and the proprietary information contained therein (the "Proprietary Information") to constitute trade secrets of EPRI.
As such, EPRI holds the Report in confidence and disclosure thereof is strictly limited to individuals and entities who have agreed, in writing, to maintain the confidentiality of the Report.
EPRI made a substantial economic investment to develop the Report, and, by prohibiting public disclosure, EPRI derives an economic benefit in the form of licensing royalties and other additional fees from the confidential nature of the Report. If the Report and the Proprietary Information were publicly available to consultants and/or other businesses providing services in the electric and/or nuclear power industry, they would be able to use the Report for their own commercial benefit and profit and without expending the substantial economic resources required of EPRI to develop the Report.
- c.
EPRI's classification of the Report and the Proprietary Information as trade secrets is justified by the Uniform Trade Secrets Act which California adopted in 1984 and a version of which has been adopted by over forty states. The California Uniform Trade Secrets Act, California Civil Code §§3426 - 3426.11, defines a "trade secret" as follows:
"'Trade secret' means information, including a formula, pattern, compilation, program device, method, technique, or process, that:
(1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (2)
Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy."
- d.
The Report and the Proprietary Information contained therein are not generally known or available to the public.
EPRI developed the Report only after making a determination that the Proprietary Information was not available from public sources. EPRI made a substantial investment of both money and employee hours in the development of the Report. EPRI was required to devote these resources and effort to derive the Proprietary Information and the Report. As a result of such effort and cost, both in terms of dollars spent and dedicated employee time, the Report is highly valuable to EPRI.
- e.
A public disclosure of the Proprietary Information would be highly likely to cause substantial harm to EPRI's competitive position and the ability of EPRI to license the Proprietary Information both domestically and internationally. The Proprietary Information and Report can only be acquired and/or duplicated by others using an equivalent investment of time and effort.
I have read the foregoing and the matters stated herein are true and correct to the best of my knowledge, information and belief. I make this affidavit under penalty of perjury under the laws of the United States of America and under the laws of the State of California.
Executed at 3420 Hillview Avenue, Palo Alto, California being the premises and place of business of Electric Power Research Institute, Inc.
January 6, 2010 Tuan Nguyen State of California
)
County of Santa Clara)
Subscribed and sworn to (or affirmed) before me on this 6ti' day of J.,nu,,-'
, 20/0_,
by 7Z-A,,
NIAei proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
YO:RK ZUANG---
COMM.# 1856605 w Signature
__(Seal)
(TA £ OC L.0M-MY C EXP.
Y Si, 2010