B16708, Submits Affidavit & Supporting Documentation Pertinent to Release of Char,Svcs,Inc Rept CSR090, Margin of Immunity Determination for SRV Electric Lift for Neut,Millstone Unit 1,

Submits Affidavit & Supporting Documentation Pertinent to Release of Char,Svcs,Inc Rept CSR090, Margin of Immunity Determination for SRV Electric Lift for Neut,Millstone Unit 1,

ML20210S363
Person / Time
Site:	Millstone
Issue date:	09/03/1997
From:	Mcelwain J NORTHEAST NUCLEAR ENERGY CO.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20210S367	List: B16708, Submits Affidavit & Supporting Documentation Pertinent to Release of Char,Svcs,Inc Rept CSR090, Margin of Immunity Determination for SRV Electric Lift for Neut,Millstone Unit 1, ML20210S371
References
B16708, NUDOCS 9709090386
Download: ML20210S363 (7)

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g is gggg nope l'erry nd (lloute 1%b), Watet' Int <l, (II' oh3W, Nuclear Energy stai. ion, s u., r.,,,, siaiion Northect Nmleur litwrn (:ompan)

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% atrrford. UI 063Mr0128 (1660) 447,179I l'an (1660) 444 4277 1he Northca,t Iislhtice Aptrm SEP - 31997 Docket No. 50 245 1116708 U.S. Nuclear Regulatory Conunission ATTN: Document Control Desk l Washington, DC 20555 hiillstone Nuclear pnwer StationiUnit No.1 Safetv/IMk f Valves The purpose of this letter is Ihr Northeast Nuclear Energy Company (NNECO) to submit an afudavit and supporting documentation pertinent to the release of the CilAR, Services, Inc.

Report CSR090, "hiargin of immunity Determination for SRV Electric Lin for Northeast Utilities, hillistone Nuclear Site, Unit 1," dated April 29,1996, for use by the NRC. This report was initially submitted to the StalT on hiarch 10, 1997'", however, an a0idavit had not been provided. This report is being resubmitted to include an affidavit in support of the NRC Staff '

review for the hiillstone Unit No. I amendment request for Safety / Relief Valve technical speci0 cation revisions submitted in NNECO's letter dated July 2,1996*, The CilAR Report and the aflidavit are provided in the attachment to this letter. The information being provided herein does not impact the conclusions drawn in the aforementioned amendment request.

There are no commitments contained within this letter, if you should have any questions on the above or attachment, please contact hir, R. W,- Walpole at (860) 440 2191.

Very truly yours, lWM

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NORTilEAST NUCLEAR ENERGY COhipANY l l

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(Jdm I' h16Elwain hiillstone Unit No. I Recovery 00icer

'O J. P. hicElw ain letter to the U.S. Nuclear Regulatory Commission. "hiillstone Nuclear Pow er Station, Unit No. I, Response to Request for Additional Information." dated h1 arch 10,1997.

T. C. I'cigenbaum letter to the U.S. Nuclear Regulatory Commission *htalstone Nuclear Power Station.

Unit No.1, Proposed Technical Specification Revision Safety / Relief Valves," dated July 2,1996.

4 p PDR I.

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U.S. Nuclear llegulatory Coinmission 1116708\l' age 2 Attaciunent:

As stated ce: 11. J. hiiller.1(egion i Administrator S. Dembek, NI(C l'roject hianager, hillistone Unit No.1 T. A liastick, Senior flesident inspector, hiillstone Unit No.1 W. D. Travers, l'h.D., Director, Special l'rojects Ollice l

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Docket No. 50 245 lilfdM Attachment i Millstone Nuclear l'ower Station, Unit No.1 Itesponse to itequest for Additional Information Safety /Itclief Valves September 1997

t 9 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF LEBANON:

Before me, the undersigned authority, personally appeared Richard D.

Meininger, who, being by me duly sworn according to law, deposes and says that he is authorizy.i to execute this Affidavit on behalf of CHAR Services, Inc.

(" CHAR Services") and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

hh-  % v14t Richard D. Meininger, President CHAR Services, Inc.

DONALD PiltlIo wea2likh = r

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(1) I am president of CilAR Service, Inc, and as such, I have responsibility for reviewing the proprietary information sought to be withheld from public disclosure and am authorized to apply for its withholding on behalf of CllAR Services, (2) I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in conjunction with the CilAR Services application for j withholding accompanying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by CllAR Services 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 2.790 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 should be withheld.

(i) The information sought to be withheld from public disclosure is owned and has been held in confidence by CilAR Services.

-(ii) The information is of a type customarily held in confidence by CllAR Services and not customarily disclosed to the public. CHAR Services has a rational basis for determining the type ofinformation 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 constitutes CilAR Services policy and provides the rational basis required.

Under that system, information is held in confidence ifit falls in one or more of several types, the release of which might result in the loss of an exiting or potential competitive advantage, as follows:

(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention ofits use by any of CIIAR Services' competitors without license from CHAR Services 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 aspects of past, present, or future ClI AR Services or customer funded development plans and programs of potential commercial value to CilAR Services.

(e) _ lt contains patentable ideas, for which patent protection may be desirable.

There are sound policy reasons behind the services provided by CilAR Services, which include the following:

(a) The use of such information by CilAR Services gives ClIAR Services a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the CilAR Services competitive position.

(b) It is information, which is marketable in many ways. The extent to which such information is available to competitors diminishes the CllAR Services ability to sell products and services involving the use of the information.

(c) Use by a competitor would put CilAR Services at a competitive disadvantage by reducing his expenditure of resources at our expense.

! (d) The development of the technology described in part by the information is the l result of applying the results of many years of experience in an intensive CllAR I

Senices effort and the expenditure of a considerable sum of money.

(e) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage if f competitors acquire components of proprietary information any one component may be the key to the entire puzzle, thereby depriving CllAR Services of a competitive advantage.

(f) Unrestricted disclosure would jeopardize the position of prominence of CllAR Services in the world market, and thereby gives a market advantage to the competition of those countries.

(g) ClI AR Services capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

(iii) The information is being transmitted to the Commission in confidence and, under the provisicns of 10CFR Section 2.790, it is to be received in confidence by the Commission.

(iv) 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.

-(v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked Report CSR090," Margin ofImmunity Determination for SRV Electric Lill for Northeast Utilities, Millstone Nuclear Site, Unit 1", dated April 29, 1996.

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Copyright Notice The report transmitted herewith bears a CliAR Services, Inc. copyright notice.

The NRC is permitted to make the number of copies of the information contained in this report 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 2.790 regarding restrictions on public disclosure to the extent such information has been

, identified as proprietary by CliAR Services, Inc., copyright protection '

notwithstanding. Copies made by the NRC must include the copyright notice in

a ll instances and the proprietary notice if the original was identified as proprietary.

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