LD-83-015, Forwards Proprietary & Nonproprietary Versions of Sys 80 CESSAR FSAR Responses to Questions on Cesec. Affidavit Encl.Proprietary Version Withheld (Ref 10CFR2.790)

Forwards Proprietary & Nonproprietary Versions of Sys 80 CESSAR FSAR Responses to Questions on Cesec. Affidavit Encl.Proprietary Version Withheld (Ref 10CFR2.790)

ML20072C004
Person / Time
Site:	05000470
Issue date:	02/28/1983
From:	Scherer A ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY
To:	Thomas C Office of Nuclear Reactor Regulation
Shared Package
ML19344B621	List: LD-83-015, Forwards Proprietary & Nonproprietary Versions of Sys 80 CESSAR FSAR Responses to Questions on Cesec. Affidavit Encl.Proprietary Version Withheld (Ref 10CFR2.790) ML20072C013
References
LD-83-015, LD-83-15, NUDOCS 8303080226
Download: ML20072C004 (5)

Text

r C-E Power Systems Tel. 203/688-1911 Cornbustion Engineenng. Inc. Telen: 99297 1000 Prospect Hill Road Windsor, Connecticut 06095 POWER H SYSTEMS Docket No. STN 50-470F Februa ry 28, 1983 LD-83-015 Mr. Cecil 0. Thomas, Chief Standardization and Special Projects Branch Division of Licensing U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Subject:

Responses to Questions on CESEC

Reference:

Letter, C. O. Thomas to A. E. Scherer, dated February 7,1983

Dear Mr. Thomas:

Transmitted herewith are twenty five (25) copies of Attachment 1-P (proprietary) and fifteen (15) copies of Attachment 1-NP (non-proprietary).

The report contains responses to staff questions on the CESEC code which were transmitted to Combustion Engineering (C-E) in Enclosure 2 to the referenced letter.

These questions were also transmitted to Florida Power and Light and Louisiana Power and Light on tne St. Lucie 2 and Waterford 3 dockets, respectively.

Responses identical to those in the enclosure were transmitted to the staff in CEN-225(L)-P on the St. Lucie 2 docket and CEN-234(C)-P on the Waterford 3 docket. Therefore, since these responses have been reviewed and approved on two other dockets, it is expected that no further information is required to approve CESEC for use in C-E safety analyses.

Due to the proprietary nature of the material centained in the enclosure, we request that it be withheld from public disclosure in accordance with the provisions of 10 CFR 2.790 and that this material be safeguarded. The reasons for the proprietary classification of this report are delineated in the enclosed affidavit.

If there are any questions on the enclosed material, please contact me or Mr.

G. A. Davis of my staff at (203) 688-1911, extension 2803.

Very truly yours, COMBUSTION ENGINEERING, INC.

GUh A. E. Scherer

$3080226830228 Director A ADOCK 05000470 Nuclear Licensing PDR AES:las / M#^

cc: Gary Meyer (Project Manager /USNRC)

. _)

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

State of Connecticut )

County of Hartford ) SS.:

l 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 for withholding this information.

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

Attachment 1-P to LD-83-015, Responses to Questions on CESEC, February 1983 This document has been appropriately designated as proprietary.

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

Pursuant to the orovisions of paragraph (b) (4) of Section 2.790 of the Commission's regult,tions, the following is furnished for consideration by the Commission in dettermining 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 be withheld from public disclosure are the experimental data on flow mixing within a reactor vessel, which is owned and

-has been held in corifidence 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 Combustion 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 provideo 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 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 harm to the competitive position of Combustion Engineering because:

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

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b. Development of this information by C-E required hundreds of manhours and hundreds of thousands of dollars. To the best of my knowledge and ijelief.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 development of experimental data on flow mixing within a reactor vessel,

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

Avoidance of this expensa 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 experimental data of flow mixing within a reactor vessel, 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 t ha. position of Combustion Engineering's product, and avoid developing similar data and analyr.es 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 without similar expenditure of resources may enable them to sell at prices I reflecting significantly lower costs.

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_4 9 Use of the inforrration 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. In addition, disclosure wculd have an adverse economic impact on Combustion l Engineering's potential for obtaining or maintaining foreign licensees.

Further the deponent sayeth not.

ma mj A.~ E.gchMer Director Nuclear Licensing Sworn to before me thisM day of M. \983

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