GO2-98-042, Forwards Proprietary Response to 980212 RAI Re License Amend Request on Min Critical Power Ratio Safety Limits.Encl Withheld,Per 10CFR2.790
| ML17292B267 | |
| Person / Time | |
|---|---|
| Site: | Columbia  |
| Issue date: | 03/03/1998 |
| From: | Coleman D WASHINGTON PUBLIC POWER SUPPLY SYSTEM |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML17292B268 | List: |
| References | |
| GO2-98-042, GO2-98-42, NUDOCS 9803120277 | |
| Download: ML17292B267 (12) | |
Text
CATEGORY 1 REGULA Y INFORMATION DISTRIBUTI SYSTEM (RIDS)
"C ACCESSION NBR:9803120277 DOC.DATE: 98/03/03 NOTARIZED: YES DOCKET I FACXL:50-397 WPPSS Nuclear Pxoject, Unit 2, Washington Public Powe 05000397 AUTH.74+P~=a '"
AUTHOR AFFILIATION COLEMA"4,D.W.
Washington Public Power Supply System RECIP.NAME RECIPIENT AFFXLXATXON Document Control Branch (Document Control Desk)
SUBJECT:
Forwards proprietary response to 980212 RAI re license amend request on min critical power ratio safety limits.Encl C
withheld,per 10CFR2.790.
D1'STRIBUTION CODE: APOID COPIES RECEIVED:LTR 1
ENCL 1
SIZE:
TITLE: Proprietary Review Distribution - Pre Operating License S Operating RT NOTES:
RECIPIENT ID CODE/NAME PD4-2 LA POSLUSNY,C COPIES LTTR ENCL 1'
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NOTE TO ALL "RIDS" RECIPIENTS:
PLEASE HELP US TO REDUCE WASTE. TO HAVE YOUR NAME OR ORGANIZATIONREMOVED FROM DISTRIBUTION LISTS OR REDUCE THE NUMBER OF COPIES RECEIVED BY YOU OR YOUR ORGANIZATION, CONTACT THE DOCUMENT CONTROL DESK (DCD)
ON EXTENSION 415-2083 TOTAL NUMBER OF COPIES REQUIRED:
LTTR 7
ENCL
WASHINGTONPUBLIC POWER SUPPLY SYSTEM P.O. Box 968
~ Richland, Washington 99352-0968 March 3, 1998 GO2-98-042 Docket No. 50-397 U. S. Nuclear Regulatory Commission Document Control Desk Washington, D.C. 20555 Gentlemen:
Subject:
WNP-2 OPERATING LICENSE NPF-21 REQUEST FOR AMENDMENT SUBMITTALOF ADDITIONALINFORMATION
Reference:
Letter GO2-97-219 dated December 4, 1997, PR Bemis (Supply System) to NRC, "Request for Amendment, Minimum Critical Power Ratio Safety Limits" Reference 1 transmitted the Supply System's request for an amendment ofthe WNP-2 Technical Specifications.
This request was reviewed by NRC staff and discussed with the Supply System during a NRC inspection visit the week ofFebruary 9, 1998 (NRC Inspection 50-397/98-01). It was agreed during the inspection visit that the NRC evaluation of the proposed change would benefit from the submittal of additional background information.
The requested information is attached.
Some of the information contained in the attachment has been identified as proprietary to ABB Combustion Engineering.
In accordance with the requirements of 10 CFR 2.790(b), an affidavit is enclosed to support the withholding ofthis information from public disclosure.
Should you have any questions or desire additional information regarding this matter, please contact Mr. P.J. Inserra at (509) 377-4147.
Respectfully, D.W. Coleman (MailDrop PE20)
Acting Manager, Regulatory Affairs Attachment cc:
EW Merschoff - NRC RIV JE Whittemore - NRC RIV KE Perkins, Jr. - NRC RIV, WCFO T Huang - NRR C Poslusny, Jr. - NRR DLWilliams - BPA NRC Resident Ins ector - 9>7N~
PD Robinson - Winston tb Strawn PD" """OIBol
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AFFIDAVlT 5
STATE OF WASHINGTON
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Subject:
Response
to February 12, 1998 Request for Additional Information Regarding WNP-2 Cycle 14 Amendment to NPF-21 I, D.W.Coleman, being duly sworn, subscribe to and say that I am the Acting Manager, Regulatory Affairs, for the WASHINGTONPUBLIC POWER SUPPLY SYSTEM, the applicant herein; that I have the full authority to execute this oath; that I have reviewed the foregoing; and that to the best ofmy knowledge, information, and belief the statements made in itare true.
The attachment to this letter contains information [marked in brackets] which is considered by ABB Combustion Engineering to be proprietary.
Attached is an affidavit executed by Mr. I.C. Rickard, Director, Operations Licensing, Nuclear Operations, for Combustion Engineering, Inc., dated February 23, 1998, which provides the basis on which it is claimed that the subject document should be withheld from public disclosure under the provisions of 10 CFR 2.790.
The Washington Public Power Supply System treats the subject document as proprietary information on the basis of statements by its owner. In submitting this information to the NRC, the Supply System requests that the subject document be withheld from public disclosure in accordance with 10 CFR 2.790.
DATE Xd4dk 3
, 1998 D.W. Coleman, Acting Manager Regulatory Affairs On this date personally appeared before me D.W. COLEMAN, to me known to be the individual who executed the foregoing instrument, and acknowledged that he signed the same as his free act and deed for the uses and purposes herein mentioned.
GIVENunder my hand and seal this~day of 1998.
otary Public in and for the STATE OF WASHINGTON Residing at My Commission Expires
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Combustion Engineering, Inc. )
State ofConnecticut
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County ofHartford
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SS.: Windsor I, Ian C. Rickard, depose and say that I am the Director, Operations Licensing, Nuclear Operations, of Combustion Engineering, Inc., duly authorized to make this aQidavit, 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 conjunction with the application ofWashington Public Power Supply System and in conformance with the provisions of 10 CFR 2.790 ofthe Commission's regulations The information for which proprietary tr'eatment is sought is contained in the following document:
Attachment to Letter ABBWP-98-013, "February 12, 1998 Request for Additional Information Regarding WNP-2 Cycle 14 Amendment to NPF-21", February 23, 1998.
This document has been appropriately designated as proprietary.
I have personal knowledge of the criteria and procedures utilized by Combustion Engineering, Inc. in designating information as a trade secret, privileged or as confidential commercial or financial information, Pursuant to the provisions ofparagraph (b) (4) ofSection 2.790 ofthe 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
.'ocument, should be withheld.
- 1. The information sought to be withheld from public disclosure, which is owned and has been held in confidence by Combustion Engineering, Inc. It consists of information concerning analysis methodology details and details ofresults for the calculation of Safety LimitMinimum Critical Power Ratios.
- 2. The information consists oftest data or other similar data concerning a process, method or component, the application of which results in substantial competitive advantage to Combustion Engineering, Inc.
- 3. The information is of a type customarily held in confidence by Combustion Engineering, Inc. and not customarily disclosed to the public.
Combustion Engineering, Inc. has a rational basis for determining the types ofinformation customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types ofinformation in confidence.
The details ofthe aforementioned system were provided to the Nuclear Regulatory Commission via letter DP-537 from F. M. Stern to Frank Schroeder dated December 2, 1974. This system was applied in determining that the subject document herein is proprietary.
- 4. The information is being transmitted to the Commission in confidence under the provisions of 10 CFR 2.790 with the understanding that itis to be received in confidence by the Commission.
- 5. The information, to the best ofmy 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 harm to the competitive position of Combustion Engineering, Inc. because:
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I'
a.
A similar product is manufactured and sold by major light water
'eactor competitors of Combustion Engineering, Inc.
b.
Development of this information by Combustion Engineering, Inc.
required thousands of manhours and hundreds of thousands of dollars. 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 to develop the analysis methodology details and details of results for simulating the critical power ratio performance ofnon-ABB fuel for determing the Operating LimitMinimum Critical Power Ratio.
d.
The information consist of analysis methodology details and calculated results for simulating the critical power ratio performance of non-ABB fuel for determing the Operating LimitMinimum Critical Power Ratio, 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, Inc., take marketing or other actions to improve their product's position or impair the position of Combustion Engineering, Inc.'s product, and avoid developing similar data and analyses in support of their processes, methods or apparatus.
e.
In pricing Combustion Engineering, Inc.'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 without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.
f.
Use of the information by competitors in the international marketplace would increase their ability to market nuclear steam supply systems by reducing the costs associated with their technology development.
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addition, disclosure would have an adverse economic impact on
'ombustion Engineering, Inc.'s potential for obtaining or maintaining foreign licensees.
Further the deponent sayeth not.
Ian packard Director, Operations Licensing Engineering Operations Sworn to before me this ~+
day oW.,
1998 f
~N otery Puhli./
My commission expires: F//3JI
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