IR 05000397/1997011

Forwards Proprietary Addl Info to Resolve Issue 3 Re Insp Rept 50-397/97-11,contained in Ltr Dtd 970620.Encl Withheld Per 10CFR2.790(b)

ML17292A914
Person / Time
Site:	Columbia
Issue date:	06/25/1997
From:	SWANK D A WASHINGTON PUBLIC POWER SUPPLY SYSTEM
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML17292A915	List: IR 05000397/1997011 ML17292A914
References
50-397-97-11, GO2-97-130, NUDOCS 9707070334
Download: ML17292A914 (18)

Text

CATEGORY 1 REGUIATORY INFORMATION DISTRIBUTION SYSTEM'(RIDS)*~~T ACCESSION NBR:9707070334 DOC.DATE: 97/06/25 NOTARIZED:

YES'OCKET FACIL:50-397 WPPSS Nuclear Project, Unit 2, Washington Public Powe 05000397 H.NAME AUTHOR AFFILIATION K,D.A.Washington Public Power Supply System CIP.NAME RECIPIENT AFF1LIATION Document Control Branch (Document Control.Desk)SUBJECT: Forwards proprietary addi info re insp 50-397/97-11 6'.issue 3 of 970620 response to NRC..DISTRIBUTION CODE: RPOID COPIES RECEIVED:LTR I ENCL-$SIKE: 7+TITLE: Proprietary Review Distribution

-Pre Operating License&.Operating R NOTES: A".RECIPIENT ID CODE/NAME PD4-2 LA COLBURNgT INTERNAL: ACRS OGC/HDS3 EXTERNAL: NRC PDR COPIES LTTR ENCL 1 1 1 1 1 1 1 0 1 0 RECIPIENT ID CODE/NAME PD4-.2 PD I CENTER COPIES LTTR ENCL 1.1 1 1 8;6 0 R 0 N NOTE TO ALL"RZDS" RECIPIENTS:

PLEASE HELP US TO REDUCE WASTEI CONTACT THE DOCUMENT CONTROL DESK, ROOM OWFN SD-5(EXT.415-2083)TO ELIMINATE YOUR NAME FROM DISTRIBUTION LISTS FOR DOCUMENTS YOU DON'T NEEDl TOTAL NUMBER OF COPIES REQUIRED: LTTR 7 ENCL'5

WASHINGTON PUBLIC POWER SUPPLY SYSTEM PO.Box 968~Richland, Washittgton 99352-0968 June 25, 1997 G02-97-130 Docket No.50-397 U.S.Nuclear Regulatory Commission Document Control Desk Washington, D.C.20555 Gentlemen:

Subject: WNP-2 OPERATING LICENSE NPF-21 NRC INSPECTION 97-11 THIRD SUBMITTAL OF ADDITIONAL INFORMATION Reference:

Letter GO2-97.-121 dated June 20, 1997, DA Swank (Supply System)to NRC,"NRC Inspection 97-11, Second Submittal of Additional Information" At a public meeting held at Nuclear Regulatory Commission (NRC)Headquarters in Rockville, Maryland to discuss the referenced letter, the Supply System obtained a better understanding of the staff's concern expressed as Issue 3 in the referenced letter.The attachment to this letter provides additional information to resolve this issue.Some of the information 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 of this 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, 8~D.A.Swank (Mail Drop PE20)Manager, Regulatory Affairs 9707070334 970625 Attachment PDR ADQCK 05000397 8 PDR CC: EW Mershoff-NRC RIV KE Perkins, Jr.-NRC RIV, WCFO TG Colburn-NRR DL Williams-BPA NRC Resident Inspector-927N PD~its-W~ins nfl(own J March-Leuba

-ORNL J Cuta-PNL LE Phillips-NRR T Huang-NRR JE Whittemore

-NRC RIV IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII AFHDAVIT STATE OF WASHINGTON

))COUNTY OF BENTON)Subject: Letter GO2-97-130 dated June 25, 1997, WNP-2 Operating License NPR-21, NRC Inspection 97-11, Third Submittal of Additional Information I, D.A.Swank, being duly sworn, subscribe to and say that I am the Manager, Regulatory Affairs for the WASHINGTON PUBLIC 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 of my knowledge, information, and belief the statements made in it are true.Letter GO2-97-130 contains information Imarked in brackets]which is considered by ABB Combustion Engineering to be proprietary.

Attached is an affidavit executed by Mr.J.M.Triompo, Vice President, Nuclear Operations, for ABB Combustion Engineering, dated June 25, 1997, which provides the basis on which it is claimed that the subject report should be withheld from public disclosure under the provisions of 10 CFR 2.790.The Washington Public Power Supply System treats the subject report 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 report be withheld from public disclosure in accordance with 10 CFR 2.790.DATE W>n W , 1997 D.A.Swank, Manager Regulatory Affairs On this date personally appeared before me D.A.SWANK, 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.

GIVEN under my hand and seal this day of 1997.otary Public in d for the STATE OF WAS GTON Residing at My Commission Expires~+~@

CATEGORY 1"I REGULATO INFORMATION DISTRIBUTION TEM (RIDE)I A~CESSION NBR:9707070334 DOC.DATE: 97/06/25 NOTARIZED:

YES=DOCKET-~ACIL:50-397 WPPSS Nuclear Project, Unit 2, Washington Public Powe 05000397 UTH.NAME AUTHOR AFFILIATION ANK,D.A.Washington Public Power Supply System RECIP.NAME RECIPIENT AFFILIAT/ON Document Control Branch (Document Control Desk)SUBJECT: Forwards proprietary addi info re insp 50-397/97-11

&'ssue 3 of 970620 response to NRC.C DISTRIBUTION CODE: APOID COPIES RECEIVED:LTR I ENCL$SIZE:.7+TITLE: Proprietary Review Distribution

-Pre Operating License g Operating R A NOTES: RECIPIENT ID CODE/NAME PD4-2 LA COLBURN,T INTERNAL: ACRS OGC/HDS3 EXTERNAL: NRC PDR COPIES LTTR ENCL 1 1 1 1 1 1 1 0 1 0'ECIPIENT ID CODE/NAME PD4-.2 PD Lg CENTER COPIES LTTR ENCL 1.1 1 1 0 R 0 NOTE TO ALL"RIDS" RECIPIENTS:

PLEASE HELP US TO REDUCE WASTEl CONTACT THE DOCUMENT CONTROL DESK, ROOM OWFN SD-5(EXT.415-2083)TO ELIMINATE YOUR NAME PROM DISTRIBUTION LISTS FOR DOCUMENTS YOU DON'T NEEDl TOTAL NUMBER OF COPIES REQUIRED:'LTTR 7'NCL-" 5 0I~e~

ez WASHINGTON PUBLIC POWER SUPPLY SYSTEM P.O.Box 968~Richlamt, Washingtoa 99352-0968 June 25, 1997 G02-97-130 Docket No.50-397 U.S.Nuclear Regulatory Commission Document Control Desk Washington, D.C.20555 Gentlemen:

Subject: WNP-2 OPERATING LICENSE NPF-21 NRC INSPECTION 97-11 THIRD SUBMITTAL OF ADDITIONAL INFORMATION Reference:

Letter GO2-97-121 dated June 20, 1997, DA Swank (Supply System)to NRC,"NRC Inspection 97-11, Second Submittal of Additional Information" At a public meeting held at Nuclear Regulatory Commission (NRC)Headquarters in Rockville, Maryland to discuss the referenced letter, the Supply System obtained a better understanding of the staff's concern expressed as Issue 3 in the referenced letter.The attachment to this letter provides additional information to resolve this issue.Some of the information 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 of this 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, 8~D.A.Swank (Mail Drop PE20)Manager, Regulatory Affairs 9707070334 9'70625 PDR ADQCK 05000397)*6 PDR j>i cc: EW Mershoff-NRC RIV KE Perkins, Jr.-NRC RIV, WCFO TG Colburn-NRR DL Williams-BPA NRC Resident Inspector-927N PD~ins-W~ins ng(own J March-Leuba

-ORNL J Cuta-PNL LE Phillips-NRR T Huang-NRR JE Whittemore

-NRC RIV lllllllllillllllllllllllllllllllllllllll

AITIDAVIT STATE OF O'ASHINGTON

))COUNTY OF BENTON)Subject: Letter GO2-97-130 dated June 25, 1997, WNP-2 Operating License NPR-21, NRC Inspection 97-11, Third Submittal of Additional Information I, D.A.Swank, being duly sworn, subscribe to and say that I am the Manager, Regulatory Affairs for the WASHINGTON PUBLIC 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 of my knowledge, information, and belief the statements made in it are true.Letter GO2-97-130 contains information

[marked in bracketst which is considered by ABB Combustion Engineering to be proprietary.

Attached is an affidavit executed by Mr.J.M.Triompo, Vice President, Nuclear Operations, for ABB Combustion Engineering, dated June 25, 1997, which provides the basis on which it is claimed that the subject report should be withheld from public disclosure under the provisions of 10 CFR 2.790.The Washington Public Power Supply System treats the subject report 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 report be withheld from public disclosure in accordance with 10 CFR 2.790.DATE Wig yi W cP>, 1997 D.A.Swank, Manager Regulatory Affairs On this date personally appeared before me D.A.SWANK, 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.

GIVEN under my hand and seal this day of 1997.otary Public in d for the STATE OF WAS NGTON Residing at My Commission Expires~+P~/

g g II A I Ill~4 seg>~ling-'-/.p"',/E4~/g j h 86-25-1997 83: 84R1 I P s ABB CE BMR FUEL OPERATION 868 687 8882 P.82 DA P~TQ+~R~2 Combustion Engineering,'.Inc.)State of Connecticut

.)County of Hartfo'rd,)88.;Windsor I, James M.Triompo, depose and say that I am the Vice President, Nuclear Operations, of Combustion Engineering, Inc., duly authorized to make this aKdavit, and have reviewed or caused to have reviewed the informahon which is identi'6ed as proprietary and referenced in the paragraph immediately below.I am submitting this affidavit in s corjunction with'the application of Washington Public Power Supply System and in conformance, with the provisions of 10 CPR 2.790 of t4e Commission's rtgalation)!

i I The information for which proprietary treatment is sought is contained in the following document: A Letter GO2-97-13Q," WNP-2 Operating License NPP-21, NRC Inspection 97-11 Third Submittal of Additional Information," June 25, 1997.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 inform'ation.

Pursuant to the pkovisions of paragraph (b)(4)of Section 2P790 of the Commission's regulations, the following is.furnished for consideration by~i the Commission in determining whether the information sought to be I I I JUN-25-1997 12-16 868 6P7 8882 I pe

86-25-1997 83: 84Pl1 ABB CE BWR FUEL OPERATiON~-2-868 687 8882 P.83 s 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,?nc, It consists of information concerning analysis methodology details and calculated results for simulating the critical power ratio performance of non-ABB fuel for determing the Operating Limit Minimum Critical Power Ratio.2.The information consists of test data or other similar data concerning a process, method or component, the application of which results in'ubstantial competitive advantage to Combustion Engineering, In'3.The information is'of a type customarily held in confidence by.I I.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 Nuclear Regulatory Commission via letter DP-537 from F.M.Stern to Frank Schroeder December 2, 1974.This system was applied in determining that the document herein is proprietary.

Pated subject Combustion Engineering, Inc.and not customarily disclosed to the public.I Combustion Engineering, Inc.has a rational basis for determining'.

the types of information cnstoiIiarily held in contidence by it and, in thalt 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.

i e 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 whichiprovide for maintenance of the information in confidence.

6.Public disclosure of the ixifoxmation is likely to cause substantial harm to the competitive position df Combustion Engineering, Inc.because<i JUN-25-1997 12-16 868 687 8882 86-25-1997 83: 85PH ABB CE BMR FUEL OPERAT10N 868 687 8882 P.84 i a,.A similar product is manufactured and sold by major light water reactor competitors of Combustion Engineering, Inc.b.Development of this mformation by Combustion Engineering,':Inc.

required thousands of;manhours and tens of thousands of dollar's.A competitor would have to undergo similar expense in generating

'equivalent information, C.d.results for'lating the critical power ratio performance of non-ABB fuel for det rming th:Operating Limit Minimum Critical Power Ratio the a lication.'f hic vi pp e w h pro des a competitive economxc advantage.

The availability of such information to competitorsI would enable them to modify, their yroduct to better compete vrith Combustion Engineering, Inc., take marketing or other actions to improve Weir yroduct's yosition or impair the position of Combustion Engineering, I Inc.'s product, and avowed developing similar data and analyses in support of their proces'ses, methods or apparatus,;In order to acquire such information, a competitor would also acquire.considerable time and;:inconvenience to develop the analysis methodology'etails and calculated results for simulating the critical power ratio perfoiman'ce of non-ABB fuel for determing the Operating Limit Minimum Critical Power Ratio.C I The information consist of analysis methodology details and calculated e.In pricing Combustion'Engineering, Inc.'s products and services, signi6cant research, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs ahd expenses must be'included.

The ability of Combustion Engineering's competitors to utilize such information without similar exyenditure of resources may enable them to seH at prices reflecting signi6cantly I lower costs.I f.Use of the information by competitors in the international marketplace would increase their ability to market nuclear steam supply sums by I I JUN-25-1997 12: 17 1~Il 868 687 8882

86-25-1997 83: 85Pt1 ABB CE B4R FUEL OPERATlOH 868 687 8882 P.85 reducing the costs ass'ociated with their technology development.

In~addition, disclosure would have an adverse economic impact on Combustionw Engineering, Inc.'s potential for obtaining or maintaining foreign licensees.

I I Further the deponent sayeth not.mes M.o po Vice President Engineering Operations Svrom to before me thisg~g day of , 1997~e o';.~my Public r""=...'-'-My commission expires: I Bl I I C I l lJUN-25-1997 12: 17 I C Is I~868 687 8882 94x TOTAL P.85 P.85 sJ e f J'.I'4 F't'I I N