ML13277A036

Brunswick Steam Electric Plant, Unit Nos. 1 and 2 - 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 H 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 PlantDUKE Withhold in Accordance with 10 CFR 2.390(a)(4)

P.O. Box 10429ENERGY. Southport, NC 28461SEP 2 42013Serial: BSEP 13-0104U.S. Nuclear Regulatory Commission ATTN: Document Control DeskWashington, DC 20555-0001

Subject:

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

Ladies and Gentlemen:

On August 20, 2013, Duke Energy Progress, Inc., formerly known as Carolina Power & LightCompany (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'splans to request a license amendment to implement MELLLA+ at the Brunswick Steam ElectricPlant, Unit Nos. 1 and 2. A copy of the Duke Energy presentation is provided in Enclosure 1.Enclosure 2 provides a copy of the GEH presentation.

The GEH presentation containsinformation considered proprietary to GEH; therefore, an affidavit supporting withholding thepresentation from public disclosure is provided in Enclosure

3. A non-proprietary version of theGEH presentation is provided in Enclosure 4Please refer any questions regarding this submittal to Mr. Lee Grzeck, Manager -Regulatory

Affairs, at (910) 457-2487.

Sincerely, Ann tte H. PopeManager -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, 20132. GEH Presentation on Methods Applicability to AREVA ATRIUM 1OXM Fuel (Proprietary Version)3. GEH Affidavit Regarding Withholding Presentation on Methods Applicability to AREVAATRIUM 1OXM Fuel4. 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 IIATTN: Mr. Victor M. McCree, Regional Administrator 245 Peachtree Center Ave, NE, Suite 1200Atlanta, GA 30303-1257 U. S. Nuclear Regulatory Commission ATTN: Mr. Christopher Gratton (Mail Stop OWFN 8G9A)11555 Rockville PikeRockville, MD 20852-2738 U. S. Nuclear Regulatory Commission ATTN: Ms. Michelle P. Catts, NRC Senior Resident Inspector 8470 River RoadSouthport, NC 28461-8869 cc (with Enclosures 1, 3, and 4):Chair -North Carolina Utilities Commission P.O. Box 29510Raleigh, NC 27626-0510 Enclosure 3BSEP 13-0104GEH Affidavit Regarding Withholding Presentation onMethods Applicability to AREVA ATRIUM 1OXM Fuel GE-Hitachi Nuclear Energy Americas LLCAFFIDAVIT I, James F. Harrison, state as follows:(1) 1 am Vice President, Fuel Licensing, Regulatory

Affairs, GE-Hitachi Nuclear EnergyAmericas 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 toapply 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 AREVAATRIUM IOXM Fuel, with Affidavit, dated August 16, 2013. GEH proprietary text inAttachment 1, which is entitled "GEH Presentation on Methods Applicability to AREVAATRIUM 1OXM Fuel", is identified by double square brackets

This sentence is anexample.1 31. Figures and large objects containing GEH proprietary information areidentified with double square brackets before and after the object. In each case, thesuperscript notation (3) refers to Paragraph (3) of this affidavit, which provides the basis forthe proprietary determination.

(3) In making this application for withholding of proprietary information of which it is theowner or licensee, GEH relies upon the exemption from disclosure set forth in the Freedomof Information 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 Public CitizenHealth 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 dataand analyses, where prevention of its use by GEH's competitors without license fromGEH 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 1Page 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 toobtain patent protection.

The information sought to be withheld is considered to be proprietary for the reasons setforth 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 toNRC 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 myknowledge 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 toregulatory provisions or proprietary agreements which provide for maintenance of theinformation in confidence.

Its initial designation as proprietary information, and thesubsequent 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 theoriginating component, the person most likely to be acquainted with the value andsensitivity of the information in relation to industry knowledge, or subject to the termsunder 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 reviewby the staff manager, project manager, principal scientist, or other equivalent authority fortechnical

content, competitive effect, and determination of the accuracy of the proprietary designation.

Disclosures outside GEH are limited to regulatory bodies, customers, andpotential 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 containsdetails of the GEH Anticipated Transient Without Scram (ATWS) design and licensing methodology.

Development of the ATWS methodology and the supporting analysistechniques and information, and their application were achieved at a significant cost toGEH.The development of this methodology, along with the testing, development and approval ofthe supporting methodology is derived from an extensive experience database thatconstitutes a major asset of GEH or its licensor.

Affidavit for GEH-PGN-MPLUS-071 Attachment 1Page 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 andtechnology base, and its commercial value extends beyond the original development cost.The value of the technology base goes beyond the extensive physical database andanalytical methodology and includes development of the expertise to determine and applythe appropriate evaluation process.

In addition, the technology base includes the valuederived from providing analyses done with NRC-approved methods.The research, development, engineering, analytical and NRC review costs comprise asubstantial investment of time and money by GEH.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.

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

The value of this information to GEH would be lost if the information were disclosed to thepublic. Making such information available to competitors without their having beenrequired 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 veryvaluable analytical tools.I declare under penalty of perjury that the foregoing affidavit and the matters stated therein aretrue and correct to the best of my knowledge, information, and belief.Executed on this 16th day of August 2013.James F. HarrisonVice President, Fuel Licensing, Regulatory AffairsGE-Hitachi Nuclear Energy Americas LLCAffidavit for GEH-PGN-MPLUS-071 Attachment 1Page 3 of 3