ML14184A452

Forwards Proprietary Rev 0 to XN-NF-711(P), Extension of Xnb Correlation to PWR Fuel Assembly Designs W/Spacer Pitch Greater than 22 Inches. Withholding of Proprietary Rept Requested Per 10CFR2.790.Affidavit Encl

ML14184A452
Person / Time
Site:	Robinson
Issue date:	07/25/1983
From:	Zimmerman S CAROLINA POWER & LIGHT CO.
To:	Eisenhut D Office of Nuclear Reactor Regulation
Shared Package
ML14184A453	List: ML14184A452
References
LAP-83-345, NUDOCS 8307280364
Download: ML14184A452 (9)

Text

REGULATORIONFORMATION DISTRIBUTION 4 TEM (RIDS)

ACCESSION NBR:8307280364 DC.DATE: 83/07/25 NOTARIZED: YES DOCKET #

FACIL026 Ho B, Robinson Plantr Unit 2p Carolina Power and igh 05000261 AUTH.NAME AUTHOR AFFILIATION ZINV-ERMANpSR, Carolina Power & Light Co.

RECIPNAME RECIPIENT AFFILIATION EISENHUTrD,G, Division of Licensing

SUBJECT:

Forwards proprietary Rev 0 to XN-NF-711(P), "Extension of XN8 Correlation :to PWR Fuel Assembly Designs W/Spacer Pitch Greater Than 22 Inches," Withholding of proprietar.y et' requested per 10CFR2,790,Affidavit encl. 5 /'6Y DISTRIBUTION CODE: A001S COPIES RECEIyED:LTR ENCL40 SIZE;

.TITLE: OR Submittal: General Distribution NOTES: rb RECIPIENT COPIES RECIPIENT. COPIES ID CODE/NAM LTTR ENCL ID CODE/NAME LTTR ENCL NRR ORBI HC /4 7 7 INTERNAL: ELD/HDSI 1 0 NRR/DE/MTE // 1 1 NRR/DL DIR 3 1 1 NRR/DL/ORAB 1 0 1 I NRR/DSI/RA6#/I2 1 1 EG ILE 1 1 RGN24 (l I 1 EXTERNAL: ACRS i/"" 6 6 LPOR 03 1 p NRC POR 02 1 P4 NSIC 05 1 to NTIS 1 0

TOTAL NUMBER OF COPIES REQUIRED: LTTR 25 ENCL

C P& LL SERIAL: LAP-83-345 Carolina Power & Light Company JUL 25 1983 Mr. Darrell G. Eisenhut, Director Division of Licensing United States Nuclear Regulatory Commission Washington, DC 20555 H. B. ROBINSON STEAM ELECTRIC PLANT, UNIT NO. 2 DOCKET NO. 50-261 LICENSE NO. DPR-23 FLUX REDUCTION PROGRAM

Dear Mr. Eisenhut:

In its letter of April 1, 1983, CP&L committed to provide the NRC with documentation concerning ongoing Exxon Nuclear Corporation (ENC) programs with respect to its XNB correlation and FLECHT. Supplement 1 to Revision 1 of the FLECHT document (XN-NF-82-20(P)) was provided to the NRC directly by ENC on July 11, 1983. The purpose of this letter is to supply you with forty (40) copies of the XNB Correlation document (XN-NF-711 (P) Rev. 0) for your review.

Exxon Nuclear Company, Inc., has informed CP&L that it considers the information contained in the XNB report to-be proprietary. Therefore, in accordance with 10CFR 2.790 (b) CP&L requests that the enclosed report be maintained as proprietary and withheld from public disclosure for the reasons stated in the attached affidavit.

As has been discussed with you previously, CP&L requests a timely review by the NRC of both the FLECHT and the XNB Correlation documents. CP&L will continue to keep you informed on the status of its Flux Reduction Program and the schedule for submittals referencing these documents.

If you have any questions on this subject, please do not hesitate to contact our staff.

Yours very truly, S. immerman Manager Licensing & Permits SRZ/tdd (7423NLU) cc: Mr. J. P. O'Reilly Mr. G. Requa (NRC)

(NRC-RII) .s (

,V(f5 J Mr. Steve Weise (NRC-HBR) 8307280364 830725 PDR ADOCK 05000261 P PDR 411 Fayetteville Street

• P. 0. Box 1551

• Raleigh, N. C; 27602

AFFIDAVIT STATE OF Washington

.ss.

COUNTY OF Benton I, Garrett J. Busselman, being duly sworn, hereby say and depose:

1. I am Manager, Fuel Design, for Exxon Nuclear Company, Inc.

("ENC"), and as such I am authorized to execute this Affidavit.

2. I am familiar with ENC's detailed document control.system and policies which govern the protection and control of information.

3. I am familiar with the document XN-NF-711(P), Revision 0, entitled "Extension of the XNB Correlation to PWR Fuel Assembly Designs with a Spacer Pitch Greater than 22 Inches," referred to as "Document". Infor mation contained in this Document has been classified by ENC as proprietary in accordance with the control system and policies established by ENC for the control and protection of information.

4. The Document contains information of a proprietary and con fidential nature and is of the type customarily held in confidence by ENC and not made available to the public. Based on my. experience, I am aware that other companies regard information of the kind contained in the Document as being proprietary and confidential.

5. The Document has been made available to Carolina Power and Light Company in confidence, with the request that the information contained in the Document not be disclosed or divulged.

2

6. The Document contains information which is vital to a com petitive advantage of ENC and would be helpful to competitors of ENC when competing with ENC.

7. The information contained in the Document is considered to be proprietary by ENC because it reveals certain distinguishing aspects of PWR safety analysis methods which secure competitive economic advantage to ENC for fuel design optimization and improved marketability, and includes information utilized by ENC in its business which affords ENC an opportunity to obtain a competitive advantage over its competitors who do not or may not know or use the information contained in the Document.

8. The disclosure of the proprietary information contained in the Document to a competitor would permit the competitor to reduce its expenditure of money and manpower and to improve its competitive position by giving it extremely valuable insights into PWR safety analysis methods, and would result in substantial harm to the competitive position of ENC.

9. The Document contains proprietary information which is held in confidence by ENC and is not available in public sources.

10. In accordance with ENC's policies governing the protection and control of information, proprietary information contained in the Document has been made available, on a limited basis, to others outside ENC only as required and under suitable agreement providing for non-disclosure and limited use of the information.

11. ENC policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.

3

12. This Document provides information which reveals PWR safety analysis methods developed by ENC over the past several years. ENC has invested millions of dollars and many man-years of effort in developing the analysis methods revealed in the Document. Assuming a competitor had available the same background data and incentives as ENC, the competitor might, at a minimum, develop the information for the same expenditure of manpower and money as ENC.

13. Based on my experience in the industry, I do not believe that the background data and incentives of ENC's competitors are sufficiently similar to the corresponding background data and incentives of ENC to reasonably expect such competitors would be in a position to duplicate ENC's proprietary information contained in the Documents.

THAT the statements made hereinabove are, to the best of my knowledge, information, and belief, truthful and complete.

FURTHER AFFIANT SAYETH NOT.

SWORN TO AND SUBSCRIBED before me this day of 19YUL NOTARY PUBLIC

AFFIDAVIT STATE OF Washington ss.

COUNTY OF Benton I, Garrett J. Busselman, being duly sworn, hereby say and depose:

1. I am Manager, Fuel Design, for Exxon Nuclear Company, Inc.

("ENC"), and as such I am authorized to execute this Affidavit.

2. I am familiar with ENC's detailed document control system and policies which govern the protection and control of information.

3. I am familiar with the document XN-NF-711(P), Revision 0, entitled "Extension of the XNB Correlation to PWR Fuel Assembly Designs with a Spacer Pitch Greater than 22 Inches," referred to as "Document". Infor mation contained in this Document has been classified by ENC as proprietary in accordance with the control system and policies established by ENC for the control and protection of information.

4. The Document contains information of a proprietary and con fidential nature and is of the type customarily held in confidence by ENC and not made available to the public. Based on my experience, I am aware that other companies regard information of the kind contained in the Document as being proprietary and confidential.

5. The Document has been made available to Carolina Power and Light Company in confidence, with the request that the information contained in the Document not be disclosed or divulged.

2

6. The Document contains information which is vital to a com petitive advantage of ENC and would be helpful to competitors of ENC when competing with ENC.

7. The information contained in the Document is considered to be proprietary by ENC because it reveals certain distinguishing aspects of PWR safety analysis methods which secure competitive economic advantage to ENC for fuel design optimization and improved marketability, and includes information utilized by ENC in its business which affords ENC an opportunity to obtain a competitive advantage over its competitors who do not or may not know or use the information contained in the Document.

8. The disclosure of the proprietary information contained in the Document to a competitor would permit the competitor to reduce its expenditure of money and manpower and to improve its competitive position by giving it extremely valuable insights into PWR safety analysis methods, and would result in substantial harm to the competitive position of ENC.

9. The Document contains proprietary information which is held in confidence by ENC and is not available in public sources.

10. In accordance with ENC's policies governing the protection and control of information, proprietary information contained in the Document has been made available, on a limited basis, to others outside ENC only as required and under suitable agreement providing for non-disclosure and limited use of the information.

11. ENC policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.

3

12. This Document provides information which reveals PWR safety analysis methods developed by ENC over the past several years. ENC has invested millions of dollars and many man-years of effort in developing the analysis methods revealed in the Document. Assuming a competitor had available the same background data and incentives as ENC, the competitor might, at a minimum, develop the information for the same expenditure of manpower and money as ENC.

13. Based on my experience in the industry, I do not believe that the background data and incentives of ENC's competitors are sufficiently similar to the corresponding background data and incentives of ENC to reasonably expect such competitors would be in a position to duplicate ENC's proprietary information contained in the Documents.

THAT the statements made hereinabove are, to the best of my knowledge, information, and belief, truthful and complete.

FURTHER AFFIANT SAYETH NOT.

SWORN TO AND SUBSCRIBED before me this /_J day of N19R 3 NOTARYPUBLIC

PR PRIETARY INFORMATI1 NOTICE THE ATTACHED DOCUMENT CONTAINS "PROPRI ETARY INFORMATION" AND SHOULD BE HANDLED AS NRC "OFFICIAL USE ONLY" INFORMATION. IT SHOULD NOT BE DISCUSSED OR MADE AVAILABLE TO ANY PERSON NOT REQUIRING SUCH INFORMA TION IN THE CONDUCT OF OFFICIAL BUSINESS AND SHOULD BE STORED, TRANSFERRED, AND DISPOSED OF BY EACH RECIPIENT IN A MANNER WHICH WILL ASSURE THAT ITS CONTENTS ARE NOT MADE AVAILABLE TO UNAUTHORIZED PERSONS.

COPY NO.

DOCKET NO.

CONTROL NO.

REPORT NO.

REC'D W/LTR DTD.

NRC Form 190 (4- .78) PROPRIETARY INFORMATION GPO 889-205