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
Cameron Inter ATTACHMENT I nal Corporation Affidavits Supporting Withholding ATTACHMENT 10 Cameron International Corporation Affidavits Supporting Withholding
March 19, 2010 Gentlemen :
)cumetit Control Desk U. S. Nuclear Regulatory Commission Washington, DC 20555 APPLICATION FOf I,MATIO?
INF suhject :
1. Caldon' Ultrasonics Engineering Report ER-739 Rev. I "Bounding Uncertainty Analysis Thernud Power Determination at Limerick Unit I Using the LEFM,/ + System"
- 2. Caldon
- ' Ultrasonics Engineering Report No. ER-789 Rev.
Accuracy Aswssment for Litncriok Unit I" 11THHOLDING PROPRIETAR FROM PUBLIC DISCLOSURE Caldon~ Ultrasonics Technol 1000 Mc laren Woods Drive Coraopolis, PA 1 Tel 724-273-9300 Fax 7241719301 www.c-a-m.com Caldon `~
` U ltrasonies cap ginceting Report No.
R-`797.Rev. 0, "Moer Factor Calculation Accuracy J18sessnient tor I-imerickthift 2" Meter Factor Calculation an Caldon'* Ultrasonics Engineering Report FR-745 Rev. I "Bounding UIncertainty Analysis for Thermal Power Determination at Limerick Unit 2 t..sing the LEFTMv/ + SystetW' This application for withholding is submitted by Cameron tnternat0nal Corporzaion, it Delaw Corporation (herein called "Canneron") on behalf ofits opcrating unit, Caldon Uhrasonics I cchn0logy Center, pursuant to the provisions of paragraph (b)(1) of Section. 2.390 of the Co aim iss ion " s rcgu lat io tis.
It contains trade secrets and/or commercial information proprietary to Cameron and customarily beld in confidence.
I-lie proprietary information for which withholding is bQ~ig requested is idcntified in the subject submittal. In conformance with 10 CFR Section 2,390, Affidavit CAW 10-03 accompanies this application for withboldingsetting forth the basis on which the identified proprietary information may be withheld fi-orn puhlic disclosure.
CAMERON Galdon Ultrasonics Technology Center 1000 McClaren Woods Drive Coraopolis, PA 15108 Tel 724-273--9300 Fax 724-273~9301 www.c-a-rn.col11 March 19, 2010 Document Control Desk U. S. Nuclear Regulatory Commission Washington, DC 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSUJUt
Subject:
- 1. Caldon Ultrasonics Engineering Report ER-739 Rev. 1 HBnunding Uncertainty Analysis for Thettnal Power Detennination at Limerick Unit 1 Using the LEFM/+ System" 2.
CaldollUltrasonics Engineering Report No. ER-789 Rev. 0, "M'eter Factor Calculation and Accuracy Assessment for Limerick UniL 1" 3.
Caldon Ultrasonicscilglneering Report ER...745 Rev. 1 "Bounding tIncmaint.yAnalysls for Thert11~lPower DetenutnatjQll at Limeric~ Unit 2 U'sip.gtheLEFMJ'+ Systenf'
- 4. Caldoll Ultrasonics* Bngw~eting lteport No.ER~797Rev.*0, "Meter Factor Calculation and Accuracy Assessment for Limerick 'Unit 2~'
Gentlemen:
This application for withholding is submitted. by CameronlntemationalCorporation, a Delawa.re Corporation (herein called "'Came-ron") on behalfofits operating utlit~ Caldou Ultrasonics Technology Center, pursuant to the provlsiQllS ofparagraph.(b)(1) ofSectiou2.390ofthe Cortlltlission'sregulntious, It oontains.trade secrets and/o.r commercial irtfotmation proprietary to Cameron and customa.rily held 111 confidence.
The proprietary inforlllatioll for which withholding is bemg requested is identified ittthe subject submittaL In conformance with 10 CPR Section 2.390, Affidavit CAW 1O~03 acco111panies this application for withholding settin.g forth. the basis on whi.ch the identified proprietary information may be withheld fh)ID public disclosure.
Accordingly, it is respectfully requested that the subject information, which is proprietary Cameron, be withheld tiom public disclosure in accordance with 10 CFR Section 2.390 of the Commission's regulations.
Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW 1, 0-03 and should be addressed to the undersianed, ery truly yours, Calvin R. Hastings General Manager Enclosures (Only -upon separation of the enclosed confidential materi affidavit be rele&sed.)
March should this letter and Page 2 March 19,2010 Page 2 Accordingly, it is respectfully requested that the subject information, which is proprietary to Cameron, be withheld from public disclosure in accordance with 10 CFR Section 2.390 ofthe Commissiofl's regulations.
Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW 10-03 and should be addressed to the undersigned.
Very truly yours, Calvin It Hastings General Manager 8nclosures (Onlyupon separation ofthc enclosed confidential material shpuld this letter and atlldavit* be released.)
COMMONWEAL,rH OF PENNSYLVANIA :
COUNTY OF aver in format ents of fact. set
,LLEGHENY :
Beforc me, the undersigned authority, personally appeared Calvin R. Hastings, who,being by me duly mom according to law, deposes and says that be is authorized to execute this Affidavit on behalf of Cameron Intem; "Cameron") on behalf of its operating unit, Caldon Ultrasontics Technology Center, and that the rth in this Affidavit are true and correct to the best of his knowt and belief:
Sworn to and subscribed before lion al Corporat AFFIDAVIT SS a, Delaware Corporation {lierein called
~t'/ ~~
k-C ~L- ~
Calvin
-eneral Manager Mwoh. 19, 201 CAW 10-03 March 19, 201 ()
CAW 10-03 COMMONWEALTH ()F PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Betbte 111e, the undersigned authQrity, personally appeared Galvin It Hastings, who, being by me duly sworn according to law1dep<>ses anrl says that he is~~tnoriz;~d to executethis Aftidavlt on bebalfofCameron International Corporation, a Delaware Corporation (herein caned "Ctnn~ron") on behalfof it8operatingunit~Culdon Ultrasonics Technology Center, and that the a.vcrtIlents of tact set fhrthin this Affidavit are true and correct to the best ofhis* knowledge, information, and belief General Manager Sworn to and subscribed before me
~(7~/sS0J~
NO~ Public I
I am the General Manager of Caldon Ultrasonics Technology Center, and as such, I have specifically delegated the function of reviewing the proprietary intbrmation sought to be withheld from public disclosure in connection with nuclear power plant licensing and authorized to apply for its withholding on behalf of Cameron.
- 3.
1 have personal knowledge of the criteria and procedures utilized by,
,rmation as a trade secret, privile, The material and information pr, with those criteria and procedures, tbr the reasons set forth below, 4.
rulei I am making this Affidavit in conformance with the provisions of 10 CFR Section 2390 of the Commission's regulations and in conjunction with the Cameron application for withholding accompanying this Affidavit.
in proceedings, and "ursuant to the provisions
~gulations., the fol,lowi vhether the infor (i)
The information conRdence by uanxion.
ie information is of a type customarily held in confidenec warily disclosed to the public, Cameron has a rational bas types of in a system to confIdenco The application of that system and the substance of that systet Cameron policy and provides ted voluntarily and need not rely on the evaluation of any rational hay :
cps
- ub arneron in designating confidential con-u-nercial or financial infori-nation, ided herewith is so designated by Cameron, in accordance t paragraph (b) (4) of Section, is furnished for consideration by the Commis sought to be wit Itheld from public disclosure shouk
~ught to be withheld from public disclosure Cameron an,
~ for deten -nining the
&omarily held in confidence by it and, in t]
certain, types of information in constitutes iforination is rmation etermine when and whether to hot ie rational basis required, Furthermore, the red and March 19, 2010 CAW 1403 390 of the Cotnn-dssion's nindctermilling ithheld.
bQea liel nnection utilize March 19,2010 CAW 10-03 1.
I am the General Manager ofCaldon Ultrasonics Lechnology Center, and as such, Jhave been specifically delegated the function ofreviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing and rulemaking proceedings, and am authorized to apply for itswithhoIding 011 behalfof Calneron.
2.
I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.390 ofthe Commission's regulations and in conJunction with the Cameron application forwithbolding accompanying this Affidavit.
- 3. I have persona] knowledge ofine criteria and procedures utilized by Cameron in designating information as a trade secret, pl"ivi!egoo or as confidential cotntnerclalOr. fill.al1cial information.
The material and infbrrnation provided herewith is so designated by Cameron, in acoordance with those criteria and procedures, for the reasons set forth below,
- 4. Pursuant to the provisions ofparagraph (b) (4) ofSection 2.390 ofthe Comnussion's regulations, the follo\\ving is furnished for COlls.ideration by the Commission in determining whether the illtormation sought to be witl1held from public disclosure should be withheld.
(1)
The information sought to be withheld from public disclosure is owned and.hasbeen held in confidence hy Cameron, (ii)
The information is ofa type customarily held in confidence by.Cameron and not custolnarily disclosed to the publio, Cameron has a rational basis lordetermining the types ofinformation customarily held in confidence by it and, in that connection utilizes a system to detennine when and whether to hold certain types ofinformation in confidence. TheappHcation ofthat system and the substance oftbat system constitutes Cameron policy and provides the rational basis required. Furthermore, the infofxnation is subtnitted voluntarily and need not rely Otl theevaluatiofi ofany rational basis.
Under that ~
the release o~
advanta
-stem, information is held in confidence if it falls in one or more of several types, hich might result in the loss of an existing or potential advantage, as folloi (or component, structure, tool, method, etc
.) where prevention of its use by any of Cameron's competitors without license from Cameron constitutes a competitive econornic
- over other companies.
consists of supporting data, including test data, relative to a process (or coinponent, structure, tool, method, etc.), the application of which d a-ta secures a competitive economic advantage, e.g., by optimization or improved marketability, (c) Its use by a competitor would reduce his expenditure of resouaes or improve' competitive position in the design, manufacture, shipment, installation, and 3surance ot'quality, or liccnsing a similar 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 or future Cameron or customer funded d~velopmetitplans and programs of potential customer value to Cameron, It contabis patentable ideas, for which patent protection may be desirable.
und policy rcasons behind the Cameron system, which include the following :
March 19, 2 010 CAW 10-03 (a) 'Me use of s Lich i n f6rinat ion. by Cameron gives Cameron a competit iN..e ad va ntage over its competitors. It is, therefore, withheld from disclosure to protect fhb Cameron competitiv sition.
i\\1arch 19, 201 ()
CAW 10-03 Under that systctl1, information is held incontidence ifit falls in one or more ofseveral types, the release ofwhich might result in the loss ofan existing or potential advantage, as follows:
(a) The inforu1ation reveals the distinguishing aspects ofa process (or (..'omponent, structure, tool, method, etc.) where prevention ofits use by any ofCamerofi's competitors without license rroln Cameron cQnstitutesuc<nupetitive economic advantage over othercompa.ni~..
(b) It consists 0 f supporting data, including test data, relative to a process {or fuc;n CLan! s(~cures a (c) Its use by a cotnpetitor would reduce his expenditure ofresources or improve his competitive position in the design, manufacture, shipment, instaI1ation, and assurance ofquality, or licensing asimilar product.
present development plans and programs ofpotential customer value to Cameron.
(f) Uconfairts patentable ideas, for which patentprotecfion may be desirable.
There are sound policy reasons behind the Cameron system, which include the following:
(a.) The use ofsuch infortnatlou by Cameron gives Cameron a competitive advantage over its coulpetitors. Itis, therefore, withheld from disclosure to protect the Camerotlcotnpetitive position.
(b) It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Cameron ability to sell products or services involving the use of the information.
(c) Use by our competitor would put Cameron at a reducing his expenditure of resources at our expense, (d) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary intbrmation, any one component may be the key to the entire puzzle, thereby depriving Cameron of a competitive advantage.
(4i) The information is being transmitted to the Commission in coiAidence, and, under the provisions of 10 CF R §§ 2. 390, it is to be received in confidence by the Commission, (iv) The information sought to be protected is not available in public sources or available information has not been previously employed in the same m
. antier or method to the best of our knowled e and belief Unrestricted disclosure would jeopardize the position of prominence of Cameron in
!)y give a market advatitage to the competition of those the world market, and he Cameron capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining, a competitiveadvantag 4iVe March 19, 2010 CAW 10-03 advantage by March 19, 2010 CA\\V 10-03 (b) It is infornlatlon that is luarketabte in luany ways. The extent to which such information is available to competitors dirninishes the Cameron ability to sell products Of services involving the use ofthe information.
(c) Use by our colupetitor would put Cameron at a ooIupetitive disadvantage by reducing his expenditure ofresQurccs at our expense.
(d) Each component ofproprietary intormation pertinent to a particuJar competitive advantage is potentially as valuable as tbe total competitive advantage. If competitors acquire cOluponents ofproprietaty information, an.y one co.mponent may be the key to the entire puzzle, thereby depriving Cameron ofa competitive advantage.
(e) Unrestricted disclosure would jeopardize the position ofprominence ofCamerol1 in the world market, and thereby give a market advantage to the cornpetitiQtl otthose countries.
(fJ The Cameron capacityto inve.st corporate assets in research and deveklpment depends upon tt'l.e success in obtaining and Inaintaining a competitive advantage.
(iii) the Intbrmatiotl is being transmitted to the CommissIon in confidence? and,. under the provisions of 10 CFR §§ 2. 390, it is to he received in confidence by the Cotnmis$ion~
(tv)
The information sought to be protected is not available in public sources or available information has not been previously eUlp10yed. in the same manner or method to the best ofour knowledge and belief
Or Kv an power reacto enable others to it ithout the ri The le (v)
The proprietary intbrmation sought to be withheld are the submitt Caldoti' Ultrasonics Engineering Report ER-739 Rev. I "Bounding Uncertainty Analysis for Thermal Power Determination at Limerick Unit I Using the LEF Syem" Caldon" Ultra
.onics Engineering Report No. ER-789 Rev, 0 "Meter Factor Calculation and Accuracy Assessment for Limerick Unit 11,
Caldon' U Itrasonics Engineering Report ER74S Rev. I "Bounding Uncertainty Analysis for Thermal Power Determination at I.imerick Unit 2 Using the LEFM,/ +
ystent' Caldon Ultra sonics Engineering Report No. FR-797 Rev. c`0, Meter Factor Iculation and Awuracy Assessment for Limerick Unit la is desi&-nated therein in accordance with 10 CFR § reason(s) fax confidential treatment rated W the submittal and further described in this affidavit. This inf6rmation is volluntartily submitted for use by the NRC Staffin their review o~
YUMOSCOSUTe C competitive position of Cameron' c <lccur"lcy assess',-nellt Of the PrOPOSed Methodology tar I-EFM Check-PILIS Systems used by Limerick Units I and 2
,he inf to use t
titled :
390(b)(1)(i)(A,B), Witt' t 11C rda 19, 2010 CAVV to-tiara is likely to cause substantial harm to the
,cause it would enhance the Why of competitors to provide
~emperature measurement systerr)s ~md liceiising defense se.Tvices lbr commercial bout commensurate expenses. Also, public disclosure of the information. woulcf Bern to meet N'RC requiements for licensing documentation information.
,velopment of the. technology desccibcd in part by the itiFormation is the result of applying ilts of many y c,-,i rs of experience in an iawnsive Can,~~uca offort and the expenditure lerable sum of m.oti March 19, 2010 CA\\V 10-03 (v)
The proprietary intonnation sought to be withheld are the submittals titled:
Caldon Ultrasonics Engineering Report ER-139 Rev. 1 "Bounding Uncertainty Analysis for Thermal Powel' Detcrrninationat Limerick Unit 1 Using the LEFMJ" +
System" Caldon Ultrasonics Engineering Report No. ER~789 Rev. o"Meter Factor Calculation and Accuracy Assessment fot Litnerick Uuit 1" Caldon Ultrasonics Engineering Report ER745 Rev. 1 "Bounding Uncertainty Analysis for Thermal Power Detennination at Limerick Unit 2 Using the LEFMv'" +
System" Caldon Ultrasonics Engineering Report No, ER,..797 Rev. 0, "Meter Factor Calculation and Accuracy Assessment fortimet'ick Unit 2" It is designated.therein in accordance with 10. CFR* §§. 2.390(b)(1 )(i)(A~B),withthe affidavit.
review ofthe accuracy assessment ofthe proposed methodology for LEFM CheckPlus Systems used by Limerick Units 1 and 2 for an MUR UPRATE.
Public disclosure ofthis proprietary information is likely to cause substantia,lhann to the competitive position ofCatneron because it would enhance the ahilitY(jfc0111petitofs to provide similar flow and temperature meaSttrement systems ancilicensing defense services for commercial power reactors without CQll1mensurateexpenses. Also, pubHe disclosure ofthe inronnation would enable others to use the Information to mcetNRC requirements for licensing documentation without the right to use the information.
The devel()pluent ofthe tecbnology described in part by the inforulation is the result ofapplying the results ofmany years ofexperience in an intensive Caulcroll effort and the expenditure ofa considerable sum ofllloney,
In order fbr com be developed, similar technical programs would have to be perforined, arid a significant. manpower requisite talent and experience, would have to be expended for developing and receiving INRC approval for those methods, effort, having thi analytical metho Further e deponen etitors of Cameron to iayeth not.
uplicate this information, similar products would have to March 1, 9, 2 010 CAW 10-03 March 19,2010 CAW 10...03 In order fOr competitors ofCameron to duplicate this information, sinailar products would have to be developed, similar technical programs would have to be pertonned, and a significant manpower effort, having the requisite talent and experience, would have to be expended tor developing analytical methods and re.ceiving NRC approval for those methods.
Further the deponent sayedl not.