ML071650462
| ML071650462 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 06/08/2007 |
| From: | Bleigh J Performance Contracting |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| PCI-6016-02.O0 | |
| Download: ML071650462 (7) | |
Text
U PERFORMANCE CONTIRACTI NG INC 16047 West 1 10 uStreet, Lenexa, Kansas 66219 Telephone: 913-928-2801 Fax: 913-307-0453 U.S. Nuclear Regulatory Commission June 8, 2007 ATTN: Document Control Desk Document ID: PCI-6016-02.00 Washington, DC 20555-0001
Subject:
Performance Contracting, Inc.
Suction Flow Control Device (SFCD) Technology Documents and Reports
Dear Sir:
Performance Contracting Inc. (PCI) is submitting the attached documents and reports for the US Nuclear -Regulatory Commission's (USNRC) review and utilization with the intent to discuss the design and operational performance of PCI's patented Sure-Flowe Strainer (SFS) that integrates suction flow control device (SFCD) technology. The purpose of submitting the subject documents is to generically address any USNRC issues regarding SFCD technology, to specifically address related open issues associated with the recent Prairie Island Nuclear Generating Station Unit I & 2 (PINGS-1/2) GSI-1 91 audit, and to support various aspects of the SFS Testing Protocol. It should be noted that PINGS-1/2 is a PCI Sure-FlowO Strainer client, and thus PCI has a vested interest in assisting in the resolution of open audit issues.
We request that these documents and reports be withheld from public disclosure, because they contain Performance Contracting's intellectual property developed at considerable expense by the company. Public release of this material would allow this material to be used by others, resulting in commercial detriment to Performance Contracting. Accordingly, we have attached an affidavit pursuant to 10 CFR 2.390 to this letter. We note that these documents have never been disclosed to the public. The following attachments are provided: : Sure-FlowOD Suction Strainer - Suction Flow Control Device (SFCD)
Principles and Clean Strainer Head Loss Design Procedures (PCI Document No. SFSS-TD-2007-002 Revision 0)
Principal Change: None, Initial Issue. : Sure-Flow@ Suction Strainer -
Vortex Issues (PCI Document No.
SSFS-TD-2007-003, Revision 0)
Principal Change: None, Initial Issue.
400(
U.S. Nuclear Regulatory Commission June 8, 2007 ATTN: Document Control Desk Document ID: PCI-6016-02.O0 : Sure-Flow Suction Strainer -
Vortex Issues (PCI Document No.
SSFS-TD-2007-004, Revision DRAFT-A)
Principal Change: None, Initial Issue. : Affidavit Pursuant to 10 CFR 2.390
- Affidavit requesting that Attachments 1, 2, and 3 be withheld from public disclosure.
We do appreciate the USNRC's attention to the review of PCI's documents and reports, specifically the Safety Issues Resolution Branch's.
Sincerely,<
Jmes M. Bleigh PCI I Engineered Systems Group Manager cc:
Mr. Michael L. Scott, Branch Chief Safety Issues Resolution Branch Division of Safety Systems Office of Nuclear Reactor Regulation Mr. Ralph Architzel, Team Leader - PINGS-1/2 Audit Safety Issue Resolution Branch Division of Safety Systems Office of Nuclear Reactor Regulation Dr. Shanlai Lu, Senior Reactor Systems Engineer Safety Issue Resolution Branch Division of Safety Systems Office of Nuclear Reactor Regulation Mr. John Lehning, Reactor Systems Engineer Safety Issue Resolution Branch Division of Safety Systems Office of Nuclear Reactor Regulation
U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID: PCI-6016-02.0O.O0 AFFIDAVIT PURSUANT TO 10 CFR 2.390 I, James M. Bleigh, being duly sworn, depose and state as follows:
(1) 1 am the Manager of the Engineered Systems Group (ESG) for Performance Contracting, Inc. (PCI), and have reviewed the information described in paragraph (2) which is sought to be withheld, and I am authorized to apply for its withholding.
(2) The information sought to be withheld is Attachment 1, Attachment 2, and to PCI letter Document ID PCI-6016-02.OO containing design and operational performance documents and attachments developed by Performance Contracting, Inc. in support of PCI's patented Sure-Flowo Strainer (SFS) that integrates suction flow control device (SFCD) technology.
This information is considered proprietary to Performance Contracting, Inc. as is appropriately annotated as such.
(3) In making this application for withholding of proprietary information of which it is the owner, Performance Contracting, Inc. relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC Sec. 552(b)(4) and the Trade Secrets Act, 18 USC Sec. 1905, and NRC regulations IOCFR Part 9.17(a)(4), 2.390(a)(4), and 2.390(b)(1) for "trade secrets and commercial or financial information obtained from a person and privileged or confidential" (Exemption 4). The material for which exemption from disclosure is here sought is all "confidential commercial information", and some portions also qualify under the narrower definition of "trade secret', within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Energy Project. v.
Nuclear Regulatory Commission, 975F2d871 (DC Cir. 1992), and Public Citizen Health Research Group v. FDA, 704F2d1280 (DC Cir. 1983).
1 of 4 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID: PCI-6016-02.OO AFFIDAVIT PURSUANT TO 10 CFR 2.390 (4)
Some examples of categories of information which fit into the definition of proprietary information are:
- a.
Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Performance Contracting, Inc.'s competitors without license from Performance Contracting, Inc. constitutes a competitive economic advantage over other companies;
- b.
Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.
- c.
Information which reveals cost or price information, production, capacities, budget levels, or commercial strategies of Performance Contracting, Inc., its customers, or its suppliers;
- d.
Information which reveals aspects of past, present, or future Performance Contracting customer-funded development plans and programs of potential commercial value to Performance Contracting, Inc.;
- e.
Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs 4.a and 4.b, above.
(5) The information sought to be withheld is being submitted to the NRC in confidence.
The information (including that compiled from many sources) is of 'a sort customarily held in confidence by Performance Contracting, Inc., and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by Performance Contracting, Inc. No public disclosure has been made, and it is not available in public sources. All disclosures to third parties, including any required transmittals to the NRC, have
2 of 4 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID: PCI-6016-02.OO AFFIDAVIT PURSUANT TO 10 CFR 2.390 been made, or must be made, pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence. Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in paragraphs (6) and (7) following.
(6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge. Access to such documents within Performance Contracting, Inc. is limited on a "need to know' basis.
(7) The procedure for approval of external release of such a document typically requires review by the staff manager, project manager, principal scientist or other equivalent authority, by the manager of the cognizant marketing function (or his designee), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside Performance Contracting, Inc. are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.
(8) The information classified as proprietary was developed and compiled by Performance Contracting, Inc. at a significant cost to Performance Contracting, Inc.
This information is classified as proprietary because it contains detailed descriptions of analytical approaches and methodologies not available elsewhere.
This information would provide other parties, including competitors, with information from Performance Contracting, Inc.'s technical database and the results of evaluations performed by Performance Contracting, Inc. A substantial effort has been expended by Performance Contracting, Inc. to develop this information.
Release of this information would improve a competitors position because it would enable Performance Contracting, Inc.' s competitor to copy our technology and offer it for sale in competition with our company, causing us financial injury.
3 of 4 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID: PCI-6016-02.OO AFFIDAVIT PURSUANT TO 10 CFR 2.390 (9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to Performance Contracting, Inc.'s competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of Performance Contracting, Inc.'s comprehensive Sure-Flowo Strainer technology base, and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology, and includes development of the expertise to determine and apply the appropriate evaluation process. The research, development, engineering, and analytical costs comprise a substantial investment of time and money by Performance Contracting, Inc.
The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.
Performance Contracting, Inc.'s competitive advantage will be lost if its competitors are able to use the results of the Performance Contracting, Inc. experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.
The value of this information to Performance Contracting, Inc. would be lost if the information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive Performance Contracting, Inc. of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.
4 of 4 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID: PCI-6016-02.00 AFFIDAVIT PURSUANT TO 10 CFR 2.390 STATE OF KANSAS
)
ss:
COUNTY OF JOHNSON)
Mr. James M. Bleigh, being duly sworn, deposes and says:
That he has read the foregoing affidavit and the matters stated therein are true and correct to the best of his knowledge, information, and belief.
Executed at Lenexa, Kansas, this 8th day of June, 2007.
ZALICIA J. HAYES MyNOTARY PUBLIC1 STATE OF KANSAS James M. Bleigh PCI / Engineered Systems Group Manager Subscribed and sworn before me this d ay of ýZt9ý 2007.