ML100850392
| ML100850392 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 03/19/2010 |
| From: | Hastings C Cameron Measurement Systems |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML100850379 | List: |
| References | |
| Download: ML100850392 (9) | |
Text
ATTACHMENT 10 ATTACHMENT I nal Corporation Cameron International Cameron Inter Corporation Affidavits Affidavits Supporting Supporting Withholding Withholding
Caldon~ Ultrasonics Galdon Ultrasonics Technology Technol Center 1000 McClaren 1000 Mc laren Woods Drive Woods Drive Coraopolis, PA Coraopolis, PA 15108 1
Tel 724-273--9300 Tel 724-273-9300 Fax 724-273~9301 Fax CAMERON 7241719301 www.c-a-rn.col11 www.c-a-m .com March 19, March 19, 2010 2010
)cumetit Control Document Control Desk Desk U. S.
U. S. Nuclear Nuclear Regulatory Regulatory Commission Commission Washington, DC Washington, DC 20555 20555 APPLICATION FOR APPLICATION FOf WITHHOLDING 11THHOLDING PROPRIETARY PROPRIETAR INF ,MATIO? FROM INFORMATIONI FROM PUBLIC PUBLIC DISCLOSUJUt DISCLOSURE suhject:
Subject:
1 . Caldon
- 1. Caldon' Ultrasonics Ultrasonics Engineering Engineering Report Report ER-739 ER-739 Rev.
Rev. 1 I HBnunding "Bounding Uncertainty Uncertainty Analysis Analysis
& Thettnal for Thernud Power Determination at Power Detennination at Limerick Limerick Unit Unit I1 Using Using the the LEFM,/
LEFM/ + + System" System"
- 2. Caldon ;' Ultrasonics Engineering
- 2. CaldollUltrasonics Engineering Report Report No.No. ER-789 ER-789 Rev.
Rev. 0, "M'eterMeter Factor Factor Calculation Calculation an and Accuracy Aswssment for Accuracy Assessment for Limerick Litncriok UnitUniL 1"I"
- 3. Caldon'*
Caldon Ultrasonics Engineering Report Ultrasonicscilglneering Report FR-745 Rev. 1I "Bounding ER...745 Rev. "Bounding UIncertainty Analysis tIncmaint.yAnalysls for Thermal Power DetenutnatjQll for Thert11~lPower Determination at at Limerick Limeric~ Unit Unit 22 t.U'sip.gtheLEFMJ'+
.sing the LEFTMv/ + Systenf' SystetW' Caldoll`~` Ultrasonics*
- 4. Caldon U ltrasonies Bngw~eting cap ginceting Report No.ER~797Rev.
lteport No. R-`797 .Rev . *0, 0, "Moer "Meter Factor Factor Calculation Calculation and Accuracy Accuracy J18sessnient Assessment tor for I-imerickthift Limerick 'Unit 2" 2~'
Gentlemen:
Gentlemen:
This This application application for for withholding withholding is is submitted submitted. by by Cameron Cameron tnternat0nal Corporzaion, ita Delaw lntemationalCorporation, Delawa.re Corporation Corporation (herein (herein called called "Canneron")
"'Came-ron") on on behalf behalfofits of its opcrating operating unit, Caldou Uhrasonics utlit~ Caldon Ultrasonics I
cchn0logy Center, Technology pursuant to Center, pursuant to the the provisions provlsiQllS ofofparagraph paragraph (b)(1).(b)(1) of ofSection. 2.390 of the Sectiou2.390of the Co aim iss ion " s rcgu lat io tis. ItIt contains Cortlltlission'sregulntious, trade secrets oontains.trade secrets and/or and/o.r commercial commercial information irtfotmation proprietary proprietary toto Cameron Cameron and and customarily customa.rily beldheld in 111 confidence confidence..
I-lie The proprietary proprietary information inforlllatioll forfor which which withholding withholding isis bQ~ig bemg requested requested isis idcntified identified inittthe the subject subject submittal submittaL. In In conformance conformance with with 10 10 CFR CPR Section Section 2,390, 2.390, Affidavit Affidavit CAW CAW 10-031O~03 accompanies acco111panies this this application application for for withboldingsetting withholding settin.g forth forth. the the basis basis onon which whi.ch the the identified identified proprietary proprietary information information may may be be withheld withheld fi-orn fh)ID puhlic public disclosure.
disclosure.
March 19,2010 March Page 22 Page Accordingly, itit isis respectfully Accordingly, respectfully requested requested that that the the subject subject information, information, which which isis proprietary proprietary to Cameron, be Cameron, be withheld withheld fromtiom public public disclosure disclosure inin accordance accordance with with 10 10 CFR CFR Section Section 2.390 2 .390 of ofthe the Commission's regulations.
Commissiofl's regulations .
Correspondence with Correspondence with respect respect toto this this application application forfor withholding withholding oror the the accompanying accompanying affidavit affidavit should reference CAW should reference CAW 10-03 1, 0-03 and and should be addressed should be addressed toto the the undersigned.
undersianed, ery truly Very truly yours, yours, Calvin It Calvin R. Hastings Hastings General Manager General Manager Enclosures (Only 8nclosures (Only upon
-upon separation separation ofthc of the enclosed enclosed confidential confidential material materi shpuld should this this letter letter and and affidavit be atlldavit* be released.)
rele&sed.)
Mwoh.
March 19, 19, 201 201 ()
CAW 10-03 CAW 10-03 AFFIDAVIT COMMONWEAL ,rH OF COMMONWEALTH PENNSYLVANIA :
()F PENNSYLVANIA:
ss SS COUNTY OF COUNTY ,LLEGHENY :
OF ALLEGHENY:
Beforc me, the Betbte 111e, the undersigned undersigned authority, authQrity, personally appeared Calvin personally appeared Galvin R. Hastings, who,being It Hastings, who, being by me by mom according duly sworn me duly according to to law, deposes and law1dep<>ses says that anrl says that be he isis~~tnoriz;~d authorized to execute this to execute this Affidavit Aftidavlt on on behalf of Cameron Intem; bebalfofCameron lional Corporat International Corporation, a,a Delaware Delaware Corporation {lierein called Corporation (herein caned "Cameron")
"Ctnn~ron") on behalf of on behalf of its Caldon Ultrasonics operating unit, Culdon it8operatingunit~ Ultrasontics Technology Technology Center, Center, and and that the that the aver ents of a.vcrtIlents of tact fact. set , rth in this set fhrthin this Affidavit are true Affidavit are and correct true and correct to to the the best best of of his his* knowt knowledge, in format information, and and belief:
belief
~t'/~~k-C ~L- ~
Calvin
-eneral Manager General Manager Sworn Sworn to to and subscribed before and subscribed before me
~(7~/sS0J~
NO~ Public I
March 19,2010 March 19, 2010 CAW 10-03 CAW 1403
- 1. II am the General am the General Manager Manager of ofCal Caldon don Ultrasonics Technology Center, Ultrasonics Lechnology Center, andand asas such, such, JI have have been specifically delegated specifically delegated the the function function ofreviewing of reviewing the the proprietary proprietary information intbrmation soughtsought to to be be withheld from withheld from public public disclosure disclosure in in connection connection withwith nuclear nuclear power power plant plant licensing licensing andand rulei rulemaking in proceedings, proceedings, and and am authorized authorized to to apply apply for for itswithho its withholdingIding 011on behalf behalf ofof Calneron.
Cameron.
- 2. II am am making making this this Affidavit Affidavit in in conformance conformance with with the the provisions provisions of of 1010 CFR CFR Section Section 2.390 2390 of of the the Commission's regulations Commission's regulations and and in conjunction with in conJunction with the the Cameron Cameron application application forwithbolding for withholding accompanying this accompanying this Affidavit.
- 3. I1 have
- 3. have persona]
personal knowledge knowledge ofine of the criteria criteria and and procedures procedures utilized utilized by by Cameron
, arneron in designating in designating
,rmation as information as aa trade secret, pl"ivi!egoo trade secret, privile, confidential cotntnerclal or as confidential con-u-nercial Or. or fill.al1cial financial information.
infori-nation, The material The material and and infbrrnation pr, ided herewith information provided herewith is is so so designated designated by by Cameron, Cameron, in in acoordance accordance :
with those criteria with those criteria andand procedures, procedures, for tbr the reasons set the reasons forth below, set forth below,
- 4. "ursuant to
- 4. Pursuant to the the provisions t paragraph (b) provisions ofparagraph (4) of (b) (4) Section, 2.390 of Section 390 ofof the the Cotnn-dssion's Comnussion's
~gulations., the regulations, the fol,lowi fo llo\ving isis furnished furnished forfor COlls.ideration consideration by the Commission by the Commis nindctermilling in determining vhether the whether the infor illtormation sought sought to to be be wit Itheld from witl1held from public disclosure should public disclosure ithheld.
shouk be withheld.
(i)
(1) The information sought The information ~ught toto be be withheld withheld from from public public disclosure disclosure is owned red and bQea liel and .hasbeen held in conRdence confidence by hy uanxion Cameron,.
(ii) Theie information information isis of ofaa type type customarily customarily held held in in confidenec confidence by.CameronCameron an, and not cps warily disclosed custolnarily disclosed to to the the public, publio, Cameron Cameron has has aa rational rational basbasis~ for deten-nining the lor determining the types types of of in- rmation , customarily information &omarily held in confidence held in confidence by by itit and, and, inin t]that connection nnection utilize utilizes aa system system to etermine when to detennine when andand whether whether to to hot hold certain, certain types types ofofinformation information in in confIdenco confidence. The application of TheappHcation that system ofthat system andand thethe substance substance of that systet oftbat system constitutes constitutes Cameron Cameron policy policy and and provides provides the ie rational rational basis basis required, required. Furthermore, Furthermore, the iforination isis the infofxnation
- ub ted voluntarily subtnitted voluntarily and and need need not not rely rely on Otl the evaluation of theevaluatiofi ofany any rational rationalhay
- basis.
March 19, i\1arch 19, 201 2 010
()
CAW 10-03 CAW 10-03 Under that Under ~ -stem, information that systctl1, information is is held held incontidence in confidence if if itit falls falls in in one one or or more more ofof several several types, types, the release the release ofwhich o~ hich might might result result in in the the loss loss of of an an existing existing or or potential potential advantage, advantage, as as follows:
folloi (a) The inforu1ation reveals the distinguishing aspects of a process (or (or (.component,
.'omponent, structure, tool, method, structure, tool, method, etc.) .) where etc where prevention prevention of of its its use use by by any any ofCamerofi's of Cameron's competitors without competitors without license license rroln from Cameron constitutes a competitive economic Cameron cQnstitutesuc<nupetitive econornic advanta : over advantage over othercompa.ni~
other companies..
consists 0off supporting (b) It consists supporting data, data, including including test data, relative test data, relative toto aa process process {or (or coinponent, structure, tool, method, etc.), the application of which fuc;n dCLan!
a-ta s(~cures secures aa competitive economic advantage, e.g., by optimization or improved marketability, his (c) Its (c) Its use by aa cotnpetitor use by competitor would reduce his expenditure would reduce of resouaes or expenditure ofresources improve'his or improve competitive position competitive position in in the design, manufacture, the design, shipment, installation, manufacture, shipment, instaI1ation, and and 3surance of assurance ot'quality, quality, or liccnsing aa similar or licensing similar product.
product .
(d) It reveals cost or price information, production capacities, budget levels, or conn-nervial strategies of Cameron, its customer or suppliers .
't reveals aspects of past, present present or future Cameron or customer funded d~velopmetitplans development plans and and programs programs of potential customer ofpotential customer value value toto Cameron, Cameron.
(f) It contabis patentable Uconfairts patentable ideas, ideas, for for which which patent protection may patentprotecfion may bebe desirable desirable..
There are soundund policy reasons behind policy rcasons behind thethe Cameron Cameron system, system, which which include include thethe following:
following:
(a)
(a.) 'Me The use use ofof ssuch i n f6rinat ion. by Lich infortnatlou by Cameron gives Cameron Cameron gives Cameron aa competit competitive iN..e ad va ntage advantage over over its its competitors.
coulpetitors. ItIt is, is, therefore, therefore, withheld withheld from from disclosure disclosure to to protect protect fhb the Cameron competitiv position.
Camerotlcotnpetitive sition.
March 19, March 19, 2010 2010 CAW 10-03 CA\V 10-03 (b) ItIt isis infornlatlon (b) information that that isis luarketabte marketable in in luany many ways.
ways. TheThe extent extent to which such to which such information isis available information available to to competitors competitors dirninishes diminishes thethe Cameron Cameron ability ability to to sell sell products Of products or services services involving involving the the use use ofthe of the information.
information .
(c) Use (c) Use by by our our colupetitor competitor would would put put Cameron Cameron at at aa ooIupetitive 4iVe disadvantage advantage by by reducing his reducing his expenditure expenditure ofresQurccs of resources at at our our expense.
expense, (d) Each (d) Each component component ofproprietary of proprietary intormation information pertinent pertinent toto aa particuJar particular competitive competitive advantage is advantage is potentially potentially as as valuable valuable as as tbe the total total competitive competitive advantage.
advantage. If If competitors acquire competitors acquire cOluponents components ofproprietaty of proprietary information, intbrmation, an.y any one one component co.mponent may be may be the the key key to to the the entire entire puzzle, puzzle, thereby thereby depriving depriving Cameron Cameron of of aa competitive competitive advantage.
advantage.
Unrestricted disclosure (e) Unrestricted disclosure would jeopardize the would jeopardize position of the position of prominence prominence of Cameron in ofCamerol1 in the world the market, and world market, and thereby !)y give give aa market advatitage to market advantage to the the cornpetitiQtl competition otthose of those countries.
(fJ The he Cameron Cameron capacity capacity to to invest inve.st corporate corporate assets assets inin research research and and development deveklpment depends depends upon upon thett'l.e success success in in obtaining obtaining and maintaining, aa competitiveadvantag and Inaintaining competitive advantage.
(4i)
(iii) The the information Intbrmatiotl isis beingbeing transmitted transmitted to to the the Commission CommissIon in in coiAidence, confidence? and, and,. under under thethe provisions provisions of of 10 10 CF CFR R §§ §§ 2.2. 390, 390, itit isis to to behe received received in in confidence confidence by by the the Commission, Cotnmis$ion~
(iv)
(tv) The The information information sought sought to to be be protected protected isis not not available available inin public public sources sources oror available available information information has has not not been been previously previously employedeUlp10 yed. in in the the same same m.manner antier or or method method to to the the best best of ofour our knowled knowledge e and and belief belief
March rda 19, 19, 2010 2010 to-CAVV 10-03 CA\V (v)
(v) The proprietary The proprietary intonnation intbrmation sought sought toto be be withheld withheld are are the the submittals submitt titled:titled :
- Caldoti' Ultrasonics Caldon Ultrasonics Engineering Engineering Report Report ER-139 ER-739 Rev. Rev. 1I "Bounding "Bounding Uncertainty Uncertainty Analysis for Analysis for Thermal Thermal Powel' Power Detcrrninationat Determination at Limerick Limerick Unit Unit 1I Using Using the the LEFMJ" LEF +
Syem" System"
- Caldon .onics Engineering Caldon" Ultrasonics Ultra Engineering Report Report No. No . ER~
ER-789 Rev, o 789 Rev. 0 "Meter "Meter Factor Factor Calculation and Calculation and Accuracy Accuracy Assessment Assessment fot for Litnerick Limerick Uuit Unit 1"11 ,
- Caldon' Ultrasonics Caldon U Itrasonics Engineering Engineering Report Report ER745 ER74S Rev. Rev. 1I "Bounding "Bounding Uncertainty Uncertainty Analysis for Analysis for Thermal Thermal Power Power Detennination Determination at at Limerick I.imerick Unit Unit 22 Using Using thethe LEFM,/
LEFMv'" + +
ystent' System"
- Caldon Ultra Caldon Ultrasonics Engineering Report sonics Engineering Report No.No, FR-797 Rev. 0, ER,..797 Rev. c`0,"Meter Meter Factor Factor Iculation and Calculation and Awuracy Accuracy Assessment Assessment for Limerick Unit fortimet'ick Unit 2" la is It is designated.therein desi&-nated therein in in accordance accordance with with 10.10 CFR CFR* §§§. 2.390(b)(1 390(b)(1)(i)(A,B),
)(i)(A~B),withthe Witt' t 11C reason(s) fax confidential treatment rated W the submittal and further described in this affidavit.
affidavit. This inf6rmation is volluntartily submitted for use by the NRC Staffin their review review o~ of thec <lccur accuracy of the
,-nellt Of assessment
" lcy assess' the PrOPOSed methodology tar proposed Methodology for I-EFM LEFM Check CheckPlus
- PILIS Systems Systems used used by by Limerick Limerick UnitsUnits I1 andand 22 for )ran an MU MUR RU PRA"IT .
UPRATE.
YUMOSCOSUTe Public disclosure Cofthis proprietary information tiara isis likely to cause likely to cause substantial harm to substantia,lhann to the the competitive competitive position position of Cameron' because ofCatneron ,cause itit would would enhance enhance the the Why of competitors ahilitY(jf c0111petitofs to to provide provide Or Kv similar flow an ~emperature measurement and temperature meaSttrement systerr)s systems ~md liceiising defense ancilicensing defense se.Tvices services lbr for commercial commercial power power reacto reactors without bout commensurate CQll1mensurateexpenses.expenses . Also, Also, public pubHe disclosure disclosure of ofthe the information.
inronnationwoulcf would enable enable others others to ,he inf to use the Bern to Information to meet N'RC requiements mcetNRC requirements for for licensing licensing documentation documentation ithout the itwithout the riright to to use use tthe information information..
The ,velopment of The devel()pluent ofthe.
the technology tecbnologydesccibcd described in inpart partby by the the itiFormation inforulation isis thethe result resultof applying ofapplying le results the ilts of many yyears ofmany c,-,i rs of ofexperience experience in in an an iawnsive intensive Can ,~~uca offort Caulcroll effort and and thethe expenditure expenditure of a lerable sum considerable sum of m.oti ofllloney,
March 19,2010 March 1, 9, 2 010 CAW 10.
CAW 10-03
. 03 In order In order fOr fbr competitors com etitors ofof Cameron Cameron to to duplicate uplicate this this information, information, sinailar similar products products would would have have to to be developed, be developed, similar similar technical technical programs programs would would have have to to be be pertonned, perforined, and arid aa significant significant. manpower manpower effort, having effort, having the thi requisite requisite talent talent and and experience, experience, would would have have to to be be expended expended tor for developing developing analytical methods analytical metho and and re.ceiving receiving NRC INRC approval approval for for those those methods.
methods, Further thee deponent Further deponen sayedl iayeth not.
not.