LD-86-022, Forwards Proprietary Suppl 1,Rev 3 to CEN-39(A)-P & Nonproprietary Suppl 1,Rev 3 to CEN-39(A)-NP, CPC Protection Algorithm Software Change Procedure. Affidavit Encl.Proprietary Rept Withheld (Ref 10CFR2.790).Fee Paid

Forwards Proprietary Suppl 1,Rev 3 to CEN-39(A)-P & Nonproprietary Suppl 1,Rev 3 to CEN-39(A)-NP, CPC Protection Algorithm Software Change Procedure. Affidavit Encl.Proprietary Rept Withheld (Ref 10CFR2.790).Fee Paid

ML20202B090
Person / Time
Site:	Arkansas Nuclear
Issue date:	04/08/1986
From:	Scherer A ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY
To:	Knighton G Office of Nuclear Reactor Regulation
Shared Package
ML19298D851	List: LD-86-022, Forwards Proprietary Suppl 1,Rev 3 to CEN-39(A)-P & Nonproprietary Suppl 1,Rev 3 to CEN-39(A)-NP, CPC Protection Algorithm Software Change Procedure. Affidavit Encl.Proprietary Rept Withheld (Ref 10CFR2.790).Fee Paid ML20202B113
References
LD-86-022, LD-86-22, NUDOCS 8604110127
Download: ML20202B090 (7)

Text

...1,..>........

April 8, 1986 LD-86-022 George W. Knighton, Director PWR Project Directorate #7 Division of PWR Licensing-B U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Subject:

Submission of Reload Data Block Constants Program Documents, (Part C of the CPC Improvement Program)

References:

(A) CEN-308-P, Rev 00-P, "CPC/CEAC Sof tware Modifications for the CPC Improvement Program," August 1985.

(B) CEN-310-P, Rev 00-P, "CPC and Methodology Changes for the CPC Improvement Program, " October 1985.

(C ) CEN-39(A)-P, Rev 03-P, "CPC Protection Algorithm Change Procedure," February 1986.

(D) CEN-323-P, Rev 00-P, " Reload Data Block Constant Installation Guidelines," February 1986.

Dear Mr. Knighton:

The COLSS/CPC Oversight Committee, consisting of Arizona Nuclear Power Project, Arkansas Power & Light Company, Louisiana Power & Light Company and Southern California Edison Company, with Combustion Engineering as its technical consultant, has developed the CPC Improvement Program. This program of CPC Modification and Methodology Improvements is scheduled to be implemented in 1986 and 1987.

The CPC Improvement Program consists of three major areas. The first two parts are addressed by References ( A) and (B), which have been reviewed and approved by the NRC staff. References (C ) a nd (D) were submitted in support of Part C of the program in February 1986. In further support of Part C of the program, Enclosures (1) and (2) are hereby submitted for NRC review.

g These enclosures are Revision 03 of Supplement 1 to CEN-39( A), CPC Protection g Algorithm Sof tware Change Procedure Supplement. Supplement 1 documents C-E's

$0@ detailed procedures for performing the CPC/CEAC sof tware changes utilizing the

{Q INTERDATA (Perkin-Elmer, Concurrent) minicomputer. Revision 03 of the 46 supplement incorporates changes to make the supplement consistent with revision C 03 of CEN-39(A). Revision 03 of the supplement includes (1) modifications for l y the Reload Data Block (RDB) Constants Program, (2) modifications to permit

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y Power Systems 1000 Prospect Hill Road (203) 688 1911 OE Combustio Engineenng, Inc. Post Office Box 500 Telex: 9929/

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Mr. George W. Knighton April 8, 1986 Page 2 -

LD-86-022 the use of computerized byte-by-byte comparison to identify changed segments of the software, (3) modifications to permit the use of current computerized methods for generating disk files that contain the sof tware, and (4) editorial corrections and nomenclature changes to reflect current practice.

Combustion Engineering is submitting these documents on behalf of the CPC Oversight Committee and is requesting NRC review of the documents on a schedule consistent with initial implementation for Waterford 3 Cycle 2 (early 1987).

This submittal is only applicable to an individual licensee when the submittal is referenced by that licensee on its docket. (Enclosures (1) and (2) will be referenced by Louisiana Power and Light Company in their Waterford 3 Cycle 2 reload licensing submittal. ) It is requested that any questions you have within the scope of these submittals be addressed to the Chairman of the CPC Oversight Committee, with copies to each Committee member and C-E. Attachment (A) lists the individuals to whom copies should be addressed.

Enclosure (1) contains information considered by C-E to be proprietary in nature. As such, we request that it be withheld from public disclosure in accordance with the provisions of 10 CPR 2.790 and that this material be safeguarded. The reasons for the classification of this material as proprietary are delineated in the affidavit provided as Attachment (B).

Enclosed herewith is a check for $150.00 to cover the application fee for review of Enclosure (1).

Should you have any questions on the contents of this letter, please contact me or Mr. J. E. Rogers of my staf f at (203) 285-5204.

Very truly yours, COMBUSTION ENGINEERING, INC.

_^- h N,$

A. E. Sch0ker '

Director Nuclear Licensing AES a bsm cc L. Kopp (NRC ) - letter only G. Schwenk (NRC ) - letter only Attachments : (A) Correspondence List, COLSS/CPC Oversight Committee (B) Affidavit Attesting to the Proprietary Nature of CEN-39( A)-

P, Supplement 1-P, Rev. 03-P Enclosures (1) CEN-39( A)-P, Supplement 1-P, Rev 03-P, "CPC Protection Algorithm Sof tware Change Procedure Supplement," April 1986:

Copies 000001 thru 000009.

(2) CEN-39( A)-NP, Supplement 1-NP, Rev 03-NP, "CPC Protection Algorithm Sof tware Change Procedure Supplement," April 1986:

9 copies attached.

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l E _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ . _ _ . . _ _ _

Attachment (A)

LD-86-022 Correspondence List Chairman of the COLSS/CPC Oversight

'Mr. R. M. Wilkins Louisiana Power & Light Company P.O. Box 60340 317 Baronne Street Mail Unit 17 New Orleans, Louisiana 70160 Members of the CPC Oversight Committee Arkansas Power & Light Company A. G. Mansell Arkansas Power & Light Company P.O. Box 551 Little Rock, Arkansas 72203 Arizona Nuclear Power Project P. F. Crawley Arizona Nuclear Power Project P.O. Box 21666 Mail Statin 4090 Phoenix, Arizona 85036 Southern California Edison Company E. J. Donovan Southern California Edison Company Room 316 G.O.1 P.O. Box 800 Rosemead, Calif o'nia 91770 Louisiana Power & Light F. J. Drummond Louisiana Power & Light Company P.O. Box 60340 317 Baronne Street Mail Unit 17 New Orleans, Louisiana 70160 Combustion Engineering, Inc.

A. E. Scherer Director, Nuclear Licensing Combustion Engineering, Inc.

1000 Prospect Hill Road P.O. Box 500 Windsor, Connecticut 06095

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

State of Connecticut )

County of Hartford ) SS.:

I, A. E. Scherer, depose and say that I am the Director, Nuclear Licensing, i of Combustion Engineering, Inc., duly authorized to make this affidavit, and 1

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:

CEN-39( A)-P, Rev 3-P, Supp.1-P CPC Protection Algorithm Software Change Procedure, April 1986.

This document has been appropriately designated as proprietary.

I have personal knowledge of the criteria and procedures utilized by Combustion Engineering in designating information as a trade secret, privileged or as cor.fidential 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 j public disclosure, included in the above referenced document, should be withheld.

1 i

i

1. The information sought to be withheld from public disclosure is detailed descriptions of the methodology of software generation and details of CPC/CEAC software structure, which is owned and has been held in confidence 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 hold 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 provided to the lluclear 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 I

under the provisions of 10 CFR 2 790 with the understanding that it is to be a

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 reactor competitors of Combustion Engineering.

b. Development of this information by C-E required hundreds of manhours and tens of thousands of dollars. To the best of my knowledge and belief 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 in developing the methodology of CPC/CEAC software generation and details of CPC/CEAC software structure.

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

Avoidance of this expense 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 the detailed descriptions of the methodology of CPC/CEAC software generation and details of CPC/CEAC software structure, 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 the position of Combustion Engineering's product, and avoid developing similar data and analyses in support of their processes, methods or apparatus,

f. In pricing Combustion Engineering's products and services, significant research, development, engineering, analytical, manufacturing, l licensing, quality assurance and other costs and expenses must be included.

The ability of Combustion Engineering's competitors to utilize such information l

J

without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.

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

Further the deponent sayeth not. ,

, A 22n.

A. E. Se erer Director liuclear Licensing Sworn to before me this I day of d)0 N E b' v

botnov t< M flotary Public

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