ML110820459
| ML110820459 | |
| Person / Time | |
|---|---|
| Site: | Bellefonte  |
| Issue date: | 11/30/1979 |
| From: | Mills L Tennessee Valley Authority |
| To: | Parr O Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML110820460 | List: |
| References | |
| NUDOCS 7912130521 | |
| Download: ML110820459 (9) | |
Text
REGULATORYWFORMATION DISTRIHUTION SYEM (RIDS)
ACCESSION NBR:7912130521 DOC.DATE: 79/11/30 NOTARIZED: YES FACIL:50-438 Be1llefonte Nuclear Plant, Unit 1, Tennessee Valley Au 50-439 Bellefonte Nuclear Plant, Unit 2, Tennessee Valley Au AUTHNAME AUTHOR AFFILIATION
- MILLSLM, Tennessee Valley Authority RECIPNAME RECIPIENT AFFILLIATION PARRO,D, Light Water Reactors Branch.3 SUBJECT; Forwards updated proprietary electricalinstrumentation &
control drawingsAffidavit encl.Dr swings withheld (ref 10CFR2,790),
fx a-v DISTRIBUTION CODE: 8020S TITLE: El & C DOCKET #
05000438 05000439 COPIES RECEIVED:LTR ENCL -3 SIZE:
Drawi ngs NOTES:
ACTION:
INTERNAL:
EXTERNAL:
RECIPIENT ID CODE/NAME 04 PM 6ouR/1//
04 I&E 03 PWR SYS BR LPDR COPIES LITR ENCL 1
0 1
1 1
RECIPIENT 10 CODE/NAME 1
02 I&C SYS BR I #2. RCPDR 0
0 ACRS COPIES LTTR ENCL I
1#.3 1
0 1
0 1,
- 1
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TOTAL NUMBER OF COPIES REQUIRED: LrTR 3
8 ENCL IT
TENNESSEE VALLEY AUTHORITY CHATTANOOGA, TENNESSEE 37401 400 Chestnut Street Tower II November 30, 1979 Director of Nuclear Reactor Regulation Attention: Mr. Olan D. Parr, Chief Light Water Reactors Branch No. 3 Division of Project Management U.S. Nuclear Regulatory Commission Washington, DC 20555
Dear Mr. Parr:
In the Matter of the Application of Tennessee Valley Authority
)
)
Docket Nos. 50-438 50-439 Enclosed are three copies of the updated Babcock and Wilcox Company Bellefonte Nuclear Plant proprietary electrical, instrumentation, and control drawings. Pursuant to 10 CFR Section 2.790, we hereby request that these documents be treated as proprietary information in accordance with the enclosed affidavit.
Very truly yours, TENNESSEE VALLEY AUTHORITY L. M. Mills, Ma ager Nuclear Regulation and Safety Enclosures cc:
Mr. James McFarland Senior Project Manager Babcock and Wilcox Company P.O. Box 1260 Lynchburg, Virginia 24505 D
L 9,
An Equal Opportunity Employer 7912180 5Z/
0
Babcock&Wicox AFFIDAVIT OF JAMES H. TAYLOR A. My name is James H. Taylor. I am Manager of Licensing in the Nuclear Power Generation Division of Babcock & Wilcox, and as such I am authorized to execute this Affidavit.
B. I am familiar with the criteria applied by Babcock & Wilcox to determine whether certain information of Babcock & Wilcox is proprietary and I am familiar with the procedures established within Babcock & Wilcox, particularly the Nuclear Power Generation Division (NPGD), to ensure the proper application of these criteria.
C. In determining whether a Babcock & Wilcox document is to be classified as proprietary information, an initial determina tion is made by the unit manager who is responsible for originating the document as to whether it falls within the criteria set forth in Paragraph D hereof. If the information falls within any one of these criteria, it is classified as proprietary by the originating unit manager. This initial determination is reviewed by the cognizant section manager.
If.the.document is designated as proprietary, it is reviewed again by Licensing personnel and other management within NPGD as designated by the Manager of Licensing to assure that the regulatory requirements of 10 CFR Section.2.790 are met.
D. The following information is provided to demonstrate that the provisions of 10 CFR Section 2.790 of the Commission's regulations have been considered:
(i) The information has been held in confidence by the Babcock & Wilcox Company. Copies of the document are clearly identified as proprietary.
In.addition, whenever Babcock & Wilcox transmits the information to a customer, customer's agent, potential customer or regulatory agency, the transmittal requests the recipient to hold the information as proprietary. Also, in order to strictly
Babcock&Wilcox AFFIDAVIT OF JAMES H. TAYLOR (Cont'd) limit any potential or actual customer's use of proprietary information, the following provision is included in all proposals submitted by Babcock & Wilcox, and an applicable version of the proprietary provision is included in all of Babcock &
Wilcox's contracts:
"Purchaser may retain Company's Proposal for use in connection with any contract resulting therefrom, and, for that purpose, make such copies thereof as may be necessary. Any proprietary information concerning Company's or its Suppliers' products or manufacturing processes which is so designated by Company or its Suppliers and disclosed to Purchaser incident to the performance of such contract shall remain the property of Company or its Suppliers and is disclosed in confi-.
dence, and Purchaser shall not publish or otherwise dis close it to ot-hers without the written approval of Company, and no rights, implied or otherwise, are granted to pro duce or have produced any products or to practice or cause to be practiced any manufacturing processes covered thereby.
Notwithstanding the above, Purchaser may provide the NRC or any other regulatory agency with any such proprietary information as the NRC or such other agency may require; provided, however, that Purchaser shall first give Company written notice of such proposed disclosure and Company shall have the right to amend such proprietary information so as to make it non-proprietary.
In the event that Company cannot amend such proprietary information, Purchaser shall, prior to disclosing such information, use its best efforts to obtain a commitment from NRC or such other agency to have such information withheld from public inspection. Company shall be given the right to participate in pursuit of such confidential treatment."
(2)
Babcock &Wilcox*
AFFIDAVIT OF JAMES H1.
TAYLOR (Cont'd)
(ii)
The following criteria are customarily applied by Babcock & Wilcox in a rational decision process to determine whether the information should be classified as proprietary.
Information may be classified as proprietary if one or more of the following criteria are met.
- a. Information reveals cost or.price information, commercial strategies, production capabilities, or budget levels of Babcock & Wilcox, its customers or suppliers.
- b. The information reveals data or material concerning Babcock & Wilcox or customer funded research or development plans or programs of present or potential competitive advantage to Babcock & Wilcox.
- c. The use of the information by a competitor would decrease his expenditures, in time or resources, in designing, producing or marketing a similar product.
- d. The information consists of test data or other similar data concerning a process, method or component, the application or which results in a competitive advantage to Babcock & Wilcox.
- e. The information reveals special aspects of a process, method, component or the like, the exclusive use of which results in a competitive advantage to Babcock &
Wilcox.
- f. The information contains ideas for which patent protection may be sought.
The document(s) listed on Exhibit "A", which is attached hereto and made a part hereof, has been evaluated in accordance with normal Babcock & Wilcox procedures with respect to classification and has been found to contain information which falls within one cr more of the criteria enumerated above.
Exhibit "B", which is attached hereto (3)
Babcock&Wilcok AFFIDAVIT OF JAMES H. TAYLOR (Cont'd) and made a part hereof, specifically identifies the criteria applicable to the document(s) listed in Exhibit "A".
(iii)
The document(s) listed in Exhibit "A", which has been made available to the United States Nuclear Regulatory Commission was made available in confidence with a request that the document(s) and.the information contained therein be withheld from public disclosure.
(iv) The information is not available in the open literature and to the best of our knowledge is not known by Combustion Engineering, EXXON, General Electric, Westinghouse or other current or potential domestic or foreign compe titors of B&W.
(v) Specific information with regard to whether public disclosure of the information is likely to cause harm to the competitive position of Babcock & Wilcox, taking into account the value of the informatin to Babcock & Wilcox; the amount of effort or money expended by Babcock & Wilcox developing the ifformation; and the ease oil difficulty with which the informatioh could be properly duplicated by others is given in Exhibit "B".
E. I have.personally reviewed the document(s) listed on Exhibit "A" and have found that it is considered proprietary by Babcock
& Wilcox because it contains information which falls within one or more of the criteria enumerated in Paragraph D, and it is information which is customarily held in confidence and pro tected as proprietary information by Babcock & Wilcox.
This report comprises information utilized by Babcock & Wilcox in its business which afford Babcock & Wilcox an opportunity to obtain a competitive advantage over those who may wish to know or use the information contained in the document(s).
(14)
"1 Babcock&Wilcox EXHIBIT A BSW Electrical, Instrumentation and Control drawings referenced in Section 1.7 of the Bellefonte l12 FSAR.
(\\ Babcock&Wilcox EXHIBIT B Criteria Table 1.7.1-2, Reactor Protection System c,e NI/RPS (PAC) -
all drawings Table 1.7.1-3, Engineered.Safety Features c,e Actuation System (ESFAS) -
all drawings Table 1.7.1-4, Control Rod Drive Control c,e System -
Trip Portion -
all drawings Table 1.7.1-5, Essential Controls and c,e Instrumentation (ECI) -
all drawings Table 1.7.1-6, Integrated Control c,e System (ICS) -
all drawings Specific information with regard to potential harm to B&W by disclosure of this material includes:
- 1. Bailey has expended considerable time and resources to date in research on and development of the Bailey Systems, both hardware and software.
This effort includes a quali fication program to demonstrate compliance with industry codes and standards.
- 2. The Bailey Systems contain unique and innovative hardware and software designs developed and qualified to industry codes and standards not available in the open literature or elsewhere on the open market.
- 3. Release of proprietary classified information, portions of this information cannot be easily acquired or duplicated by a competitor, would reduce Bailey's commercial and marketing advantage over competitors who do not have or are in the process of developing an acceptable digital protection system.
Babcock&Wilcox State of Virginia)
)
SS. Lynchburg City of Lynchburg)
James H1.
Taylor, being duly sworn, on his oath deposes and says that he is the person who subscribed his name to the foregoing statement, and that the matters and facts set forth in the statement are true.
JAMES H. T&YLOR Subscribed and sworn before me this 2Z day of February 1979.
Notary Public in and for the City of Lynchburg.,- State of Virginia My Commission Expires
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