Proprietary Information Withhold Under 10 CFR 2.390(d)(1)CE-15-588-NP-Attachment, "Proposed Response to NRC RAIs #1 and #2 Regarding LAR for Increasing the Maximum ... Note the assembly

Proprietary Information Withhold Under 10 CFR 2.390(d)(1) This letter is decontrolled when separated from Attachment 2 of the Enclosure

1101 Market Street, Chattanooga, Tennessee 37402 CNL-15-232 November 30, 2015 10 CFR 50.90 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001

Watts Bar Nuclear Plant, Unit 1 Facility Operating License Nos. NFP-90 NRC Docket No. 50-390

Subject: Application to Revise Technical Specification 4.2.1, “Fuel

Assemblies” (WBN-TS-15-03) (TAC No. MF6050) - Response to NRC Request for Additional Information - Nuclear Performance and Code Review Branch

Reference: 1. Letter From TVA to NRC, CNL-15-001, "Application to Revise

Technical Specification 4.2.1, 'Fuel Assemblies,' (WBN-TS-15-03)," dated March 31, 2015 (ML15098A446)

2. Letter from TVA to NRC, CNL-15-077, "Correction to Application to

Revise Technical Specification 4.2.1, 'Fuel Assemblies' (WBN-TS-15-03)," dated April 28, 2015 (ML15124A334)

3. Letter From NRC to TVA, "Watts Bar Nuclear Plant, Unit 1 -

Supplemental Information Needed for Acceptance of Requested Licensing Action Regarding Application to Increase Tritium Producing Absorbing Rods (TAC NO. MF6050)," dated May 14, 2015 (ML15127A250)

4. Letter from TVA to NRC, CNL-15-092, "Response to NRC Request

to Supplement the Application to Revise Technical Specification 4.2.1, 'Fuel Assemblies' (WBN-TS-15-03)," dated May 27, 2015 (ML15147A611)

5. Letter from TVA to NRC, CNL-15-093, "Response to NRC Request

to Supplement Application to Revise Technical Specification 4.2.1,

U. S. Nuclear Regulatory Commission CNL-15-232 Page 2 November 30, 2015

'Fuel Assemblies' (WBN-TS-15-03) - Radiological Protection and Radiological Consequences," dated June 15, 2015 (ML15167A359)

6. Electronic Mail from Robert Schaaf (NRC) to Clinton Szabo (TVA)

and Gordon Arent (TVA), "Request for Additional Information - Watts Bar Unit 1 TPBARs (MF6050)," dated October 29, 2015

By letter dated March 31, 2015 (Reference 1), Tennessee Valley Authority (TVA) submitted a license amendment request (LAR) to revise Watts Bar Nuclear Plant (WBN), Unit 1 Technical Specification (TS) 4.2.1, “Fuel Assemblies,” to increase the maximum number of Tritium Producing Burnable Absorber Rods (TPBARs) that can be irradiated per cycle from 704 to 1,792. The proposed change also revises TS 3.5.1, "Accumulators," Surveillance Requirement (SR) 3.5.1.4 and TS 3.5.4, "Refueling Water Storage Tank (RWST)," SR 3.5.4.3 to delete outdated information related to the Tritium Production Program. TVA provided a correction letter on April 28, 2015 (Reference 2). By letter dated May 14, 2015 (Reference 3), the Nuclear Regulatory Commission (NRC) requested that TVA provide additional information to supplement the LAR. TVA provided the requested supplemental information in TVA letters dated May 27, 2015, and June 15, 2015 (References 4 and 5, respectively). By electronic mail dated October 29, 2015 (Reference 6), the NRC requested that TVA provide additional information to support the NRC review of the LAR. The response to the request for additional information (RAI) is due November 30, 2015. The enclosure to this letter provides TVA's response to the RAI. Attachment 1 of the enclosure provides TVA's responses to Nuclear Performance and Core Review Branch (SNPB) RAIs 1 and 2. Attachment 2 of the enclosure provides TVA's responses to SNPB RAIs 3 and 4. Attachment 2 of the enclosure contains information that Westinghouse Electric Company (Westinghouse) considers to be proprietary in nature and subsequently, pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2.390, "Public inspections, exemptions, requests for withholding," paragraph (a)(4), it is respectfully requested that such information be withheld from public disclosure. Attachment 3 of the enclosure contains the non-proprietary version of the Attachment 2 RAI responses with the proprietary material removed, and is suitable for public disclosure. Attachment 4 of the enclosure provides the affidavit supporting this request.

Consistent with the standards set forth in 10 CFR 50.92(c), TVA has determined that the additional information, as provided in this letter, does not affect the no significant hazards consideration associated with the proposed application previously provided in Reference 1.

U. S. Nuclear Regulatory Commission CNL-15-232 Page 3 November 30, 2015

Additionally, in accordance with 10 CFR 50.91(b)(1), TVA is sending a copy of this letter and the enclosures to the Tennessee Department of Environment and Conservation. There are no new regulatory commitments associated with this submittal. Please address any questions regarding this request to Mr. Edward D. Schrull at (423) 751-3850. I declare under penalty of perjury that the foregoing is true and correct. Executed on this 30th day of November 2015. Respectfully, J. W. Shea Vice President, Nuclear Licensing Enclosure: TVA Response to NRC Request for Additional Information

Attachments: 1. CE-15-588-NP-Attachment, "Proposed Response to NRC

RAIs #1 and #2 Regarding LAR for Increasing the Maximum Number of TPBARs in Watts Bar Unit 1"

2. CE-15-611-P-Attachment, "Proposed Response to NRC RAIs #3 and #4 Regarding LAR for Increasing the Maximum Number of TPBARs in Watts Bar Unit 1" (Proprietary Version)

3. CE-15-611-NP-Attachment, "Proposed Response to NRC RAIs #3 and #4 Regarding LAR for Increasing the Maximum Number of TPBARs in Watts Bar Unit 1" (Non-Proprietary Version)

4. CAW-15-4332, "APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE"

cc (Enclosure):

NRC Regional Administrator - Region II NRC Resident Inspector – Watts Bar Nuclear Plant NRC Project Manager – Watts Bar Nuclear Plant Director, Division of Radiological Health - Tennessee State Department of Environment and Conservation

J. W. SheaDigitally signed by J. W. Shea DN: cn=J. W. Shea, o=Tennessee Valley Authority, ou=Nuclear Licensing, [email protected], c=US Date: 2015.11.30 20:59:06 -05'00'

ENCLOSURE

TENNESSEE VALLEY AUTHORITY WATTS BAR NUCLEAR PLANT

UNIT 1

TVA Response to NRC Request for Additional Information

Contents

Attachment 1: CE-15-588-NP-Attachment, "Proposed Response to NRC RAIs #1 and #2 Regarding LAR for Increasing the Maximum Number of TPBARs in Watts Bar Unit 1"

Attachment 2: CE-15-611-P-Attachment, "Proposed Response to NRC RAIs #3 and #4 Regarding LAR for Increasing the Maximum Number of TPBARs in Watts Bar Unit 1" (Proprietary Version)

Attachment 3: CE-15-611-NP-Attachment, "Proposed Response to NRC RAIs #3 and #4 Regarding LAR for Increasing the Maximum Number of TPBARs in Watts Bar Unit 1" (Non-Proprietary Version)

Attachment 4: CAW-15-4332, "APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE"

CNL-15-232 Enclosure Page 1 of 22

Westinghouse Non-Proprietary Class 3 NF-TV-15-72, Rev. 1

November 6, 2015

©2015 Westinghouse Electric Company LLC. All rights reserved.

CE-15-588-NP-Attachment, Rev 1

Attachment 1

CE-15-588-NP-Attachment, Rev. 1

Proposed Response to NRC RAIs #1 and #2 Regarding LAR for Increasing the Maximum Number of TPBARs in Watts Bar Unit 1

(Non-Proprietary)


Westinghouse Non-Proprietary Class 3 CE-15-588-NP-Attachment, Rev. 1 Page 2 of 5

REQUEST FOR ADDITIONAL INFORMATION

TENNESSEE VALLEY AUTHORITY FOR

WATTS BAR NUCLEAR PLANT, UNIT 1

PROPOSED CHANGES TO INCREASE THE MAXIMUM NUMBER OF TRITIUM PRODUCING

BURNABLE ABSORBER RODS PER CYCLE

DOCKET NUMBER 50-390 (TAC NO. MF6050)

By letter dated March 31, 2015, the Tennessee Valley Authority (TVA) submitted an application for license amendment to revise the Technical Specifications to increase the maximum number of tritium producing burnable absorber rods and to delete outdated information related to the tritium production program at Watts Bar Nuclear Plant (WBN) Unit 1 (ADAMS Accession No. ML15098A446). These changes would revise TS 4.2.1,” Fuel Assemblies”, TS 3.5.1 Accumulators,” Surveillance Requirement (SR) 3.5.1.4, TS 3.5.4, “Refueling Water Storage Tank,” and SR 3.5.4. TVA supplemented this request with letters dated in May and June 2015 (ADAMS Accession Nos. ML15147A611 and ML15169B117).

The Nuclear Regulatory Commission staff has reviewed the application and has determined that additional information is required to complete the review.

The following items are requested for additional information.

1. TVA is requesting an increase of the maximum number of Tritium Producing Burnable AbsorberRods (TPBARs) that can be irradiated per cycle from 704 to 1,792.

(a) Provide a loading pattern of the Watts Bar Nuclear Plant (WBN) Unit 1 indicating thelocation of the TPBARs, integral fuel burnable absorber (IFBA) rods and describe their impact on core reactivity and the power distribution shape during a typical cycle of operation.

(b) Provide a detailed description of the impact of the increase in TPBAR loading in WBN Unit 1 on the enrichment of U-235 for the fresh fuel loading at WBN Unit 1 by providing a comparison between a reference plant without TPBARs and a Tritium Producing Core (TPC) plant various enrichment zones.

2. Provide an evaluation of the impact of the TPBARs at WBN Unit 1 in comparison to theseparameters for a reference core on the following parameters:

(a) Nuclear enthalpy hot rise factor (FΔHN)

(b) Total peaking factor (FQT)

(c) Axial power distributions at Beginning of Life (BOL) and End-of-life (EOL)(d) Reactivity coefficients such as moderator temperature (MTC) and Doppler temperature

(DTC) and the total power coefficients. (e) Control rod worths and shutdown margin.


Westinghouse Non-Proprietary Class 3

CE-15-588-NP-Attachment, Rev. 1 Page 3 of 5

Response to RAI 1: The Watts Bar Nuclear Plant (WBN), Unit 1 1,792 tritium producing burnable absorber rod (TPBAR) core loading pattern that identifies the location of the TPBARs and integral fuel burnable absorber (IFBA) rods is provided in Figure 1. Note the assembly identifications (IDs) are given as nmX where n is either “L” for low enrichment or “H” for high enrichment and m is the number of burned cycles. 1 2 3 4 5 6 7 8 ________________________________________________________________________ 1 | H2X | L0X | H1X | H0X | H1X | L0X | L0X | L1X | | 4.950 | 4.800 | 4.950 | 4.950 | 4.950 | 4.800 | 4.800 | 4.800 | | 80I | 200I | 80I | 200I | 32I | 200I | 200I | 200I | | | 24T | | 24T | | 24T | | | |________|________|________|________|________|________|________|________| 2 | L0X | L1X | H0X | H1X | H0X | H1X | H0X | H1X | | 4.800 | 4.800 | 4.950 | 4.950 | 4.950 | 4.950 | 4.950 | 4.950 | | 200I | 200I | 200I | 200I | 200I | 200I | 80I | 156I | | 24T | | 24T | | 24T | | 24T | | |________|________|________|________|________|________|________|________| 3 | H1X | H0X | H1X | H0X | H1X | H0X | H0X | H1X | | 4.950 | 4.950 | 4.950 | 4.950 | 4.950 | 4.950 | 4.950 | 4.950 | | 80I | 200I | 32I | 200I | 200I | 200I | 156I | 80I | | | 24T | | 24T | | 24T | | | |________|________|________|________|________|________|________|________| 4 | H0X | H1X | H0X | L1X | H0X | H1X | H0X | H1X | | 4.950 | 4.950 | 4.950 | 4.800 | 4.950 | 4.950 | 4.950 | 4.950 | | 200I | 200I | 200I | 200I | 200I | 156I | 32I | 200I | | 24T | | 24T | | 24T | | 24T | | |________|________|________|________|________|________|________|________| 5 | H1X | H0X | H1X | H0X | H1X | H0X | H1X | | 4.950 | 4.950 | 4.950 | 4.950 | 4.950 | 4.950 | 4.950 | | 32I | 200I | 200I | 200I | 200I | 156I | 200I | | | 24T | | 24T | | 16T | | |________|________|________|________|________|________|________| 6 | L0X | H1X | H0X | H1X | H0X | H0X | H2X | | 4.800 | 4.950 | 4.950 | 4.950 | 4.950 | 4.950 | 4.950 | | 200I | 200I | 200I | 156I | 156I | 80I | 200I | | 24T | | 24T | | 16T | 8T | | |________|________|________|________|________|________|________| 7 | L0X | H0X | H0X | H0X | H1X | H2X | | 4.800 | 4.950 | 4.950 | 4.950 | 4.950 | 4.950 | | 200I | 80I | 156I | 32I | 200I | 200I | | | 24T | | 24T | | | |________|________|________|________|________|________| 8 | L1X | H1X | H1X | H1X | | 4.800 | 4.950 | 4.950 | 4.950 | | 200I | 156I | 80I | 200I | | | | | | |________|________|________|________| REGION ENRICH IMPLICIT I=IFBA DISCRETE T=TPBAR Figure 1. Loading Pattern for WBN, Unit 1 Equilibrium Core with 1,792 TPBARs (with mid-zone enrichments)




The proposed 1,792 TPBAR core is within the design parameters as expressed in the Tritium Production Core (TPC) Topical Report (Reference 1) and the Plant-Specific Implementation report (Reference 2) as demonstrated in Table 1 below. As such, the evaluations and conclusions discussed in Section 2.4.3 of References 1 and 2 are applicable to the proposed 1,792 TPBAR design.

Table 1. Comparison of Design Parameters for Various TPC Cores

Design Parameter

Topical TPC Equilibrium Cycle

WBN, Unit 1 TPC Equilibrium Cycle

WBN, Unit 1 1,792 TPBAR Core Equilibrium Cycle

Total Number of Feed Assemblies 140 96 92 Feed Loading (MTU) 59.2 44.4 42.0 Number of TPBARs 3344 2304 1792 Total Grams of Tritium Produced 2805 2065 1691 Initial Li6 linear loading (g/in) 0.030 0.036 0.036 Active Absorber Height (in) 128.5 132 132 Average Li6 fraction remaining 0.558 0.610 0.598 Average grams of tritium produced per TPBAR 0.839 0.896 0.944

Peak grams of tritium produced per TPBAR 1.044 1.060 0.998

The use of IFBA as a burnable absorber was introduced to hold down the soluble boron concentration. The boron letdown shows an initial increase for the first several months of the cycle due to the competing effects of the fuel and burnable absorption depletion, after which, the IFBA is substantially depleted by about 150 EFPD and no longer influences the time dependence of the core reactivity depletion. At this time the boron letdown transitions to an essentially linear decreasing critical concentration during the rest of the cycle due to continued fuel depletion. By the end of the cycle, on average approximately 3% of the IFBA is remaining per assembly while approximately 60% of the lithium (Li)-6 is remaining in the TPBARs. From a nuclear design viewpoint, the TPBARs function in the reactor core in a manner similar to standard wet annular burnable absorbers (WABAs). They are effective in holding down initial excess core reactivity and shaping the core power distribution. Section 2.4.3.5 of Reference 1 describes the power distribution of a typical TPC. TPBARs have a large residual reactivity penalty relative to conventional burnable absorbers, primarily due to the large Li-6 loading and the low (relative to B-10) thermal neutron absorption cross section of Li-6. To achieve a given cycle energy, then, a TPC must load a larger number of feed assemblies at higher U-235 enrichments than a conventional core. Section 2.4.3.1 of Reference 1 further discusses the effects of TPBARs on the core design including feed fuel U-235 enrichment. Additionally, Section 2.4.2.2.3 provides a table demonstrating the U-235 enrichment comparison between the Topical TPC Core and a Reference Core with no TPBARs.




Response to RAI 2: As discussed in the response to RAI #1, the proposed 1,792 TPBAR core is within the design parameters described in the TPC Topical Report (Reference 1) and the Plant-Specific Implementation report (Reference 2). Specifically, Tables 2.4.3-1 and 2.4.3-8 in both References 1 and 2, contain reactivity coefficients and design limits for a reference plant (with no TPBARs), the TPC equilibrium cycle core design, a representative WBN, Unit 1 core design and the WBN, Unit 1 TPC equilibrium core design. The core reactivity parameters for the 1,792 TPBAR core design are consistent with the core designs discussed in these references. Furthermore, Sections 2.4.3.5 through 2.4.3.7 of Reference 1 discuss the effects of TPBARs on power distributions (including peaking factors), reactivity coefficients, rodworths, and shutdown margin. Any cycle-to-cycle variations in the calculated values and their comparison to the Safety Analysis of Record reload specific limits are required to be addressed as part of the Westinghouse Reload Safety Analysis Checklist per the NRC-approved methods (Reference 3). References:

1. NDP-98-181, Revision 1, "Tritium Production Core (TPC)," Unclassified, Non-proprietary version, dated February 8, 1999, by Westinghouse Electric Company.

2. NDP-00-0344, Revision 1, “Implementation and Utilization of Tritium Producing Burnable Absorber Rods (TPBARS) in Watts Bar Unit 1”, dated July 2001, by Westinghouse Electric Company.

3. WCAP-9272-P-A (Westinghouse Proprietary) and WCAP-9273-NP-A (Non-proprietary), "Westinghouse Reload Safety Evaluation Methodology," Davidson, S. L. (Ed.), et al., July 1985.


Westinghouse Non-Proprietary Class 3 NF-TV-15-72, Rev. 1

November 6, 2015

©2015 Westinghouse Electric Company LLC. All rights reserved.

CE-15-611-NP-Attachment

Attachment 3

CE-15-611-NP-Attachment

Proposed Response to NRC RAIs #3 and #4 Regarding LAR for Increasing the Maximum Number of TPBARs in Watts Bar Unit 1

(Non-Proprietary version)



CE-15-611-NP-Attachment Page 2 of 4

REQUEST FOR ADDITIONAL INFORMATION

TENNESSEE VALLEY AUTHORITY FOR

WATTS BAR NUCLEAR PLANT, UNIT 1

PROPOSED CHANGES TO INCREASE THE MAXIMUM NUMBER OF TRITIUM PRODUCING

BURNABLE ABSORBER RODS PER CYCLE

DOCKET NUMBER 50-390 (TAC NO. MF6050)

By letter dated March 31, 2015, the Tennessee Valley Authority (TVA) submitted an application for license amendment to revise the Technical Specifications to increase the maximum number of tritium producing burnable absorber rods and to delete outdated information related to the tritium production program at Watts Bar Nuclear Plant (WBN) Unit 1 (ADAMS Accession No. ML15098A446). These changes would revise TS 4.2.1, “Fuel Assemblies”, TS 3.5.1 “Accumulators,” Surveillance Requirement (SR) 3.5.1.4, TS 3.5.4, “Refueling Water Storage Tank,” and SR 3.5.4. TVA supplemented this request with letters dated in May and June 2015 (ADAMS Accession Nos. ML15147A611 and ML15169B117). The Nuclear Regulatory Commission staff has reviewed the application and has determined that additional information is required to complete the review.

3. TVA is requesting an increase of the maximum number of TPBARs that can be irradiated per cycle from 704 to 1,792. Please explain how proposed increase in TPBARs impacts the following fuel design parameters and describe the methodologies used: (a) Rod internal pressure as a function of fission gas release (FGR) (b) Cladding stress (c) Cladding strain (d) Cladding oxidation and hydriding (e) Fuel temperature (f) Cladding fatigue (g) Fuel rod axial growth (h) Clad flattening (i) Clad creep

4. Westinghouse document LTR-NRC-12-18 states that fuel thermal conductivity degradation (TCD)

with burnup has an effect on safety parameters; fuel rod stored energy, fuel rod centerline temperature, and Doppler power coefficient. Provide a summary of impact of increase in the maximum number of TPBARs in WBN Unit 1 on the above safety parameters and any others due to the lack of explicit treatment of TCD in safety analysis. Also extend your summary to any other fuel performance parameters that may be affected due to the lack of TCD.




Response to RAI 3: Fuel rod design criteria are evaluated on a cycle specific basis to ensure that all limits are met and previously provided data to safety analysis groups remain valid. The change in the number of tritium producing burnable absorber rods (TPBARs) affects power histories and transient powers used in design analyses. As part of normal reload procedures, [

]a,c For the TPBAR increase, an assessment of margins on RIP, transient stress, transient strain and cladding corrosion was performed. The additional TPBARs, when compared with the fuel performance margin in [ ] a,c, shows a margin [ ] a,c for the RIP criterion, a margin [ ] a,c for the transient stress limit, a [ ] a,c, and [

] a,c for the clad oxidation criterion. Similarly, RIP (departure from nucleate boiling (DNB) propagation) and other cladding corrosion criteria (i.e., hydrogen pickup limit) change by amounts comparable to the RIP – gap reopening and oxidation criteria limits, respectively. The thimble/grid wastage was slightly higher, but still well below the limit. The available cycle specific margins are large and can offset any of the margin reductions associated with the increase in TPBARs. Margin changes are similar to those expected from cycle-to-cycle variations in loading patterns. [

] a,c Previously generated safety inputs remain valid for the increase in TPBARs. [

] a,c For Watts Bar Unit 1, the generic analyses performed remained valid for the TPBAR increase. If generic analyses were to fail, cycle specific analyses would be confirmed to ensure that the fuel performance criteria are met. Response to RAI 4: The increase in TPBARs has no effect on the assessment conducted in LTR-NRC-12-18 (Reference 1). [

] a,c For cycle specific design criteria [




] a,c Sufficient margin is available to offset the effect

of TCD with the increase in TPBARs. References:

1. LTR-NRC-12-18, “Westinghouse Response to December 16,2011 NRC Letter Regarding Nuclear Fuel Thermal Conductivity Degradation (TAC No. ME5186),” February 17, 2012.


NF-TV-15-72, Rev. 1

November 6, 2015

Attachment 4

CAW-15-4332

APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE


@Westinghouse

U.S. Nuclear Regulatory Commission Document Control Desk 115 55 Rockville Pike Rockville, MD 20852

Westinghouse Electric Company 1000 Westinghouse Drive Cranberry Township, Pennsylvania 16066 USA

Direct tel: (412) 374-4643 Direct fax: (724) 940-8560

e~mail: [email protected]

CAW-15-4332 November 3, 2015

APPLICATION FOR WITilliOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject: CE-15-611 P Attachment, "Proposed Response to NRC RAis #3 and #4 Regarding LAR for Increasing the Maximum Number ofTPBARs in Watts Bar Unit 1" (Proprietary)

The Application for Withholding Proprietary Information from Public Disclosure is submitted by Westinghouse Electric Company LLC (Westinghouse), pursuant to the provisions of paragraph (b)( 1) of Section 2.390 of the Commission's regulations. It contains commercial strategic information proprietary to Westinghouse and customarily held in confidence.

The proprietary information for which withholding is being requested in the above-referenced report is further identified in Affidavit CAW-15-4332 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.

Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Tennessee Valley Authority.

Correspondence with respect to the proprietary aspects of the Application for Withholding or the Westinghouse Affidavit should reference CAW-15-4332, and should be addressed to James A. Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company, 1000 Westinghouse Drive, Building 3 Suite 310, Cranberry Township, Pennsylvania 16066.

rtQU.-. /;ames A. Gresham, Manager

Regulatory Compliance


COMMONWEALTH OF PENNSYLVANIA:

COUNTY OF BUTLER:

AFFIDAVIT

ss

CAW-15-4332 November 3, 2015

I, James A. Gresham, am 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 my knowledge, information, and belief.

Regulatory Compliance


2 CA W-15-4332

( 1) I am Manager, Regulatory Compliance, 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) I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.390 of the

Commission's regulations and in co..Yunction 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 constitute

Westinghouse policy and provide 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-15-4332

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.

(iii) 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-15-4332

(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.

(iv) 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.

(v) 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.

(vi) The proprietary information sought to be withheld in this submittal is that which is

appropriately marked in CE-15-611 p .. Attachment, "Proposed Response to NRC RAis #3

and #4 Regarding LAR for Increasing the Maximum Number of TPBARs in Watts Bar

Unit 1" (Proprietary), for submittal to the Commission, being transmitted by Tennessee

Valley Authority letter and Application for Withholding Proprietary Information from

Public Disclosure, to the Document Control Desk. The proprietary information as

submitted by Westinghouse is that associated with information requested by the Nuclear

Regulatory Commission from the Tennessee Valley Authority, and may be used only for

that purpose.


5 CA W-15-4332

(a) This information is part of that which will enable Westinghouse to:

(i) Support the increase in the maximum number ofTPBARS at Watts Bar

Unit 1.

(b) Further this information has substantial commercial value as follows:

(i) Westinghouse plans to sell the use of similar information to its customers

for the purpose of determining design margins.

(ii) Westinghouse can sell support and defense of industry guidelines and

acceptance criteria for plant-specific applications.

(iii) 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 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 are proprietary and/or non-proprietary versions of documents furnished to the NRC in connection with requests for generic and/or plant-specific review and approval.

In order to conform to the requirements of 10 CFR 2.390 of the Commission's regulations concerning the protection of proprietary information so submitted to the NRC, the information which is proprietary in the proprietary versions is contained within brackets, and where the proprietary information has been deleted in the non-proprietary versions, only the brackets remain (the information that was contained within the brackets in the proprietary versions having been deleted). The justification for claiming the information so designated as proprietary is indicated in both versions by means of lower case letters (a) through (f) located as a superscript immediately following the brackets enclosing each item of information being identified as proprietary or in the margin opposite such information. These lower case letters refer to the types of information Westinghouse customarily holds in confidence identified in Sections (4)(ii)(a) through (4)(ii)(f) of the Affidavit accompanying this transmittal pursuant to 10 CPR 2.390(b)(1).

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 generic and 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. With respect to the non-proprietary versions of these reports, the NRC is permitted to make the number of copies beyond those necessary for its internal use which are necessary in order to have one copy available for public viewing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as may be required by NRC regulations if the number of copies submitted is insufficient for this purpose. Copies made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.


Documents

Proprietary Information Withhold Under 10 CFR 2.390(d)(1)CE-15-588-NP-Attachment, "Proposed Response to NRC RAIs #1 and #2 Regarding LAR for Increasing the Maximum ... Note the assembly