2CAN118310, Forwards Nonproprietary & Proprietary Shoulder Gap Data Taken on Batch D Assemblies After Cycle 3. Affidavit Encl. Proprietary Rept Withheld (Ref 10CFR2.790)

Forwards Nonproprietary & Proprietary Shoulder Gap Data Taken on Batch D Assemblies After Cycle 3. Affidavit Encl. Proprietary Rept Withheld (Ref 10CFR2.790)

ML20087N243
Person / Time
Site:	Arkansas Nuclear
Issue date:	12/02/1983
From:	John Marshall ARKANSAS POWER & LIGHT CO.
To:	Gagliardo J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
Shared Package
ML19268E739	List: 2CAN118310, Forwards Nonproprietary & Proprietary Shoulder Gap Data Taken on Batch D Assemblies After Cycle 3. Affidavit Encl. Proprietary Rept Withheld (Ref 10CFR2.790) ML20087N254
References
2CAN118310, NUDOCS 8404030260
Download: ML20087N243 (5)

Text

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ARKANSAS POWER & LIGHT COMPANY POST OFFICE BOX 551 LITTLE ROCK ARKANSAS 72203 (5011371-4000 December 2, 1983 2CAN118310 Mr. J. E. Gagliardo, Director Division of Resident Reactor Projects and Engineering Programs U. S. Nuclear Regulatory Commission Region IV 611 Ryan Plaza Drive, Suite 1000 Arlington, TX 76011

SUBJECT:

Arkansas Nuclear One - Unit 2 Docket No. 50-368 License No. NPF-6 Batch D Fuel Shoulder Gap Measurement Results Gentlemen:

As verbally committed, enclosed are five proprietary copies (Copy Nos.

000010-000014) and five nonproprietary copies of CEN-260(A)-P, " Shoulder Gap Data Taken on Batch D Assemblies After Cycle 3."

In accordance with 10CFR2.790, we request this information be handled as proprietary and withheld from public disclosure. The required affidavit justifying this request is enclosed.

V ry t uly yours,

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ohn R. Marshall Manager, Licensing JRM:JTE:s1 Enclosure 8404030260 831202

1. 0 1 PDR ADOCK 05000368 g g p PDR MEMDEA M6 DOLE SOUTH UTIUTIES SYSTEM b

i AFFIDAVIT PURSUANT TO 10 CFR 2.790 Combustion Engineering, Inc. )

State of Connecticut )

County of Hartford ) SS.:

I, A. E. Scherer, depose and say that I am the Director, Nuclear Licensing, of Combustion Engineering, Inc., duly authorized to make this affidavit, and have reviewed or caused to have reviewed the information which is identified as proprietary and referenced in the paragraph immediately below. I am submitting this affidavit in conformance with the provisions of 10 CFR 2.790 of the Commission's regulations and in conjunction with the application of Arkansas Power and Light Co. for withholding this information.

The information for which proprietary treatment is sought is contained in the following document:

CEN-260(A)-P, Shoulder Gap Data Taken on Batch D Assemblies After Cycle 3, November 1983.

This document has been appropriately designated as proprietary.

I have personal knowledge of the criteria and procedures utilized by Combustion Engineering in designating information as a trade secret, privileged or as confidential commercial or financial information.

Pursuant to the provisions of paragraph (b) (4) of Section 2.790 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, included in the above referenced document, should be withheld.

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~ 1. The. information sought to b'e withheld from public disclosure are shoulder gap measurements and inspection techniques employed at ANO-2, which is

- owned and has been held'in confidence by Combustion Engineering.

-2. The information consists of test data or other similar data concerning a process, method or component, the application of which results in a substantial competitive advantage to Combustion Engineering.

3. The information is of a type customarily held in confidence by Conbustion Engineering and not customarily disclosed to the public. Combustion Engineering 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 details of the aforementioned system were provided to the

Nuclsar Regulatory Commission via letter DP-537 from F.M. Stern to Frank Schroeder dated December 2, 1974. This systen was applied in determining that th'e subject document herein are proprietary.

4. 'The information is being transmitted to the-Commission in confidence-under the' provisions of 10 CFR 2.790 with the understanding that it is to be received in confidence-by the Commission.

5.- The information, to the-best of my knowledge and belief,. is not

- available in public sources, and any disclosure to third parties has been made pursuant to regulatory. provisions or proprietary agreements which provide for maintenance of the information in confidence.

6.- Public disclosure of the information is likely to cause substantial E harm to the competitive position of Combustion Engineering because:

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a. A similar product is manufactured and sold by major pressurized water r-eactor competitors of Combustion Engineering.

b. Development of this information by C-E required hundreds of

.~ manhours of effort and tens of thousands of dollars. To the best of my 1 knowledge and belief a competitor would have to undergo similar expense in generating equivalent information.

c. In order to acquire such information, a competitor would also require considerable time and inconvenience related to the measurement of ANO-2 fuel assembly shoulder gap.

d. The information required significant effort and expense to obtain the lihensing approvals necessary for application of the information.

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Avoidance of this expense would decrease a competitor's cost in applying the information and marketing the product to which the information is applicable.

e. The information consists of shoulder gap measurements and inspection techniques employed at ANO-2, the application of which provides a competitive economic advantage.- The' availability of such information to competitors would enable them to modify their product to better compete with .

-Combustion Engineering, take marketing or other actions to improve their product.'s position or impair the position of Combustion Engineering's product, t and avoid developing similar data and ' analyses in support of their processes, methods or-apparatus.

- f. In pricing Combustion Engineering's products and services,

'significant research, development, engineering, analytical, manufacturing,

. licensing, quality assurance and other costs and expenses must be included.

The ability .of Combustion Engineering's competitors to utilize such information L

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-without similar expenditure of resources may snable them to sell at prices reflecting significantly lower costs.

g. Use of the information by competitors in the international marketplace would increase their ability to narket nuclear steam supply systems by reducing the costs associated with their technology development. In addition, disclosure would have an adverse economic impact on Combustion Engineering's potential for obtaining or maintaining foreign licensees.

Further the deponent sayeth not.

- 2 i n, A. E. &arerFr Director Nuclear Licensing Sworn to before me this(17.'" day of Ocgr.xnDca,19 83 '

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4 LhotcACU N Notary Public Q THERESA M.'REGAN, NOTARY PUBLIC STATE OF C0fifiECT!CllT NO. 65097 COMMISS!0N EXPIRES MARCH 31,1988

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