JPN-94-066, Transmits Response to NRC RAI Re Design of Plant Core Shroud Preemptive Repair.Encl Response Contains Info That MPR Assoc Inc Maintains in Confidence & Withholds from Public Disclosure.Encl Withheld
| ML20080D040 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 12/13/1994 |
| From: | William Cahill POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19311B584 | List: |
| References | |
| JPN-94-066, JPN-94-66, NUDOCS 9412230018 | |
| Download: ML20080D040 (7) | |
Text
' 123 Main strest s
WNie Plains, New York 10601 91.4 661-6840 914-2Sf 3309 (FAX)
- > NewYorkPower w~ a. cau. a,.
4# Authority
!sti,1%"e'2',
December 13,1994 JPN-94-066 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Mail Station P1-137 Washington, DC 20555
Subject:
James A. FitzPatrick Nuclear Power Plant Docket No. 50-333 FitzPatrick Core Shroud Repair Design Report Respnose to Requut for Additionalinformation
References:
- 1. NRC letter, N. F. Conicella to W. J. Cahill, Jr., NYPA, " Request for Additional Information - Review of Proposed Repair of FitzPatrick Core Shroud (TAC No. M90964)," dated December 5,1994.
- 2. NYPA letter, W. J. Cahill, Jr. to NRC (JPN-94-055), "FitzPatrick Core Shroud Repair-Design Report," dated October 27,1994.
- 3. NYPA letter, W. J. Cahill, Jr. to NRC (JPN-94-053), " Request for NRC Approval of the FitzPatrick Core Shroud Repair," dated October 21,1994.
Dear Sir.
This letter transmits a response to the NRC request for additional information (Reference 1) regarding the design of the FitzPatrick core shroud preemptive repair described in References 2 and 3. The requested information is provided in attachment 1 to this letter. contains information that MPR Associates Inc. maintains in confidence and withholds from public disclosure. The Authority requests that attachment 1 be considered proprietary and withheld from public disclosure in accordance with the provisions of 10 CFR 2.790. The required affidavit is enclosed. A summary of the commitments made in this submittal are presented in attachment 2.
7
[}typ:M M 5
~
i gp
>a--
h 4.
If you have any questions, please contact Ms. C. D.- Falson.
Very truly yours,
/
__ a -
illi m. Ca 11, Jr.
s xecu ive Vice ent and Chief Nuclear Officer Nuclear Generation Attachments: as stated cc:
Regional Administrator U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Mr. Nicola Conicella, Project Manager Project Directorate 11 Division of Reactor Projects - l/II U.S. Nuclear Regulatory Ccmmission Mall Stop 14 B2 Washington, DC 20555 I
Office of the Resident inspector U.S. Nuclear Regulatory Commission P.O. Box 136 Lycoming,'NY 13093 i
4
.,r-y p
U EiGMPR
^ 5 $Sli^2LLac December 12,1994 ENGINEERS AFFIDAVIT PURSUANT TO 10 CFR 2.790 RELATIVE TO CORE SIIROUD REPAIR FOR FITZPATRICK MPR Associates, Inc.
The Commonwealth of Virginia City of Alexandria I, Noman M. Cole, depose and say that I am a Principal of MPR Associates, 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 in conjunction with New York Power Authority.
The information for which proprietary treatment is sought is contained in the attached MPR response to NRC's request for Additional Information on the FitzPatrick Core Shroud Repair (TAC No. M90964) dated December 5,1994. This MPR response contains information on the design of the shroud repair system for the James A.
FitzPatrick Nuclear Power Plant.
This documem has been appropriately designated as proprietary.
I have personal knowledge of the criteria and procedures utilized by MPR Associates 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.
1.
The information sought to be withheld from public disclosure, which is owned and has been held in confidence by MPR Associations,is the design of the shroud repair system for the James A. Fit Patrick Nuclear Power Plant.
2.
The information consists of design information or other similar data concerning a repair system, method or component, the application of which results in substantial competitive advantage to MPR Associates. MPR has a natent anplication pending for this shroud repair system.
1
.J S
,a 3.
The information is of a type customarily held in confidence by MPR Associates and not customarily disclosed to the public. MPR Associates 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. 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 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 r glatory provisions or proprietary agreements which provide for maintenance of the information in confidence.
6.
Nblic disclosure of the information is likely to cause substantial harm to the competitive position of MPR Associates because:
Other repairs for similar purposes are performed and sold by major light water a.
reactor competitors of MPR Associates.
b.
Development of these repair designs by MPR Associates required thousands 'of manhours and hundreds of thousands of dollars. To the best of my knowledge and belief, a competitor would have to undergo similar expense in generating equivalent information, In order to acquire such information, a competitor would also require c.
considerable time and inconvenience to develop these repair designs.
d.
The information consists of information related to repair of cracked shrouds in the James A. FitzPatrick Nuclear Power Plant and other BWRs as well. The application of which provides a competitive economic advantage. The availability of such information to competitors would enable them to modify their designs to better compete with MPR Associates, take marketing or other actions to improve their position or impair the position of MPR Associates' design, and avoid developing similar data and analyses in support of their design methods or shroud repair system.
e.
In pricing MPR Associates products and services, significant research, development, engineering, analytical, manufacturing, quality assurance and other costs and expenses must be included. The ability of MPR Associates' competitors to utilize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.
2-
-J (
- I S
1 ', '.
f.
Use of the information by competitors in the international marketplace would increase their ability to market such repair designs by reducing the costs associated with their technology development. In addition, disclosure would have an adverse economic impact on MPR Associates' potential for obtaining or maintaining foreign licensees.
Further the deponent sayeth not, w/
oman M. Cole A Principal Sworn to before mef; this //d day of /wn.. A~
.1994 1
auf / $ san Notary PuptIc My commission expires: hul Jl/#4
\\
i
, )
i
4
.4 1
ATI'ACHMENT 1 to JPN-94-066 RESPONSE TO NRC REQUEST FOR ADDITIONAL INFORMATION REGARDING FITZPATRICK CORE SHROUD REPAIR DESIGN REPORT New York Power Authority JAMES A. FITZPATRICK NUCLEAR POWER PLANT Docket No. 50-333 DPR-59 i
.-