ML13239A109

Monticello Nuclear Generation Plant - Request for Withholding of Proprietary Information from Public Disclosure Associated with Affidavit Executed on July 16, by James A. Gresham of Westinghouse (TAC No. MD9990)

ML13239A109
Person / Time
Site:	Monticello
Issue date:	09/30/2013
From:	Beltz T A Plant Licensing Branch III
To:	Fili K D Northern States Power Co
Beltz T A
References
TAC MD9990
Download: ML13239A109 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mrs. Karen D. Fili Site Vice President Monticello Nuclear Generating Plant September 30, 2013 Northern States Power Company -Minnesota 2807 West County Road 75 Monticello, MN 55362-9637

SUBJECT:

MONTICELLO NUCLEAR GENERATING PLANT (MNGP)-REQUEST FOR WITHHOLDING OF PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD9990)

Dear Mrs. Fili:

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated November 5, 2008 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML083230111), Northern States Power Company-Minnesota (NSPM, the licensee), doing business as Xcel Energy, submitted an extended power uprate license amendment request to revise the MNGP Renewed Operating License and technical specifications to increase the maximum authorized licenses thermal power level from 1775 megawatts thermal (MWt) to 2004 MWt. In a letter dated June 30, 2010 (ADAMS Accession No. ML 10201 0462), NSPM provided a supplement to the November 5, 2008, application.

The supplement provided detailed design and analysis results for a replacement steam dryer (RSD) for the MNGP. In a December 21, 2010, letter (ADAMS Accession No. ML 1 03570026), NSPM corrected reactor internal pressure differential information provided in the June 30, 2012, supplement.

In a March 29, 2013, letter (ADAMS Accession No. ML 13092A348), NSPM provided a revised set of analyses for the RSD based on a new analysis methodology.

In a letter dated July 18, 2013 (ADAMS Accession No. ML 13205A086), NSPM submitted responses to NRC staff requests for additional information associated with the RSD review. The submittal included, as Enclosure 3, an affidavit (CAW-13-3762) executed on July 16, 2013, by James A Gresham of Westinghouse Electric Company, LLC (Westinghouse).

The affidavit was executed to support withholding Enclosure 1 from public disclosure pursuant to Title 1 0 of the Code of Federal Regulations (1 0 CFR), Part 2, Section 2.390. The affidavit stated that Enclosure 1 should be considered exempt because it contains:

a. Information that reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by Westinghouse competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

b. 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.

K. D. Fili c. Information that, 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. We have reviewed the Westinghouse affidavit in accordance with the requirements of 10 CFR 2.390 and, on the basis of its statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, Enclosure 1, which is marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.390(b )(5) and Section 1 03(b) of the Atomic Energy Act of 1954, as amended. Enclosure 2 of the licensee's July 18, 2013, submittal was provided as a non-proprietary version of Enclosure 1, and was released to the public (ADAMS Accession No. ML 13205A085).

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents.

If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information.

In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at 301-415-3049.

Sincerely, _____-,-/

-

Project Manager Plant Licensing Branch 111-1 Docket No. 50-263 cc: J. A. Gresham, Manager Regulatory Compliance Westinghouse Electric Company, LLC Suite 42.8 1000 Westinghouse Drive Cranberry Township, PA 16066 Additional Distribution via ListServ Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation K. D. Fili c. Information that, 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. We have reviewed the Westinghouse affidavit in accordance with the requirements of 10 CFR 2.390 and, on the basis of its statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, Enclosure 1, which is marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.390(b )(5) and Section 1 03(b) of the Atomic Energy Act of 1954, as amended. Enclosure 2 of the licensee's July 18, 2013, submittal was provided as a non-proprietary version of Enclosure 1, and was released to the public (ADAMS Accession No. ML 13205A085).

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents.

If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information.

In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at 301-415-3049.

Docket No. 50-263 cc: J. A. Gresha'm, Manager Regulatory Compliance Westinghouse Electric Company, LLC Suite 428 1000 Westinghouse Drive Cranberry Township, PA 16066 Additional Distribution via ListServ DISTRIBUTION Sincerely, /RAJ Terry A. Beltz, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation PUBLIC RidsNrrDorllpl3-1 Resource RidsNrrPMMonticello Resource RidsNrrDeEmcb Resource RidsNrrLAMHenderson Resource RidsAcrsAcnw_MaiiCTR Resource RidsRgn3MaiiCenter Resource RidsNrrDoriDpr Resource C. Basavaraju, NRR LPL3-1 R/F ADAMS Accession No* ML13239A109

.. OFFICE LPL3-1/PM LPL3-1/LAiT LPL3-1/LA EMCB/BC LPL3-1/BC LPL3-1/PM NAME TBeltz MHenderson SRohrer AMcMurtray RCa rison TBeltz DATE 09/16/13 09/09/13 09/17/13 .09/19/13 09/30/13 09/30/13 OFFICIAL RECORD COPY