ML15022A663
| ML15022A663 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 09/27/2013 |
| From: | Continuum Dynamics |
| To: | Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML15023A070 | List: |
| References | |
| 0343, NMP2L 2566 0343 | |
| Download: ML15022A663 (16) | |
Text
ATTACHMENT 4 NONPROPRIETARY VERSION OF CDI NONCONFORMANCE REPORT NO. 0343
NON-PROPRIETARY NONCONFORMANCE REPORT (NCR) NO.
(S Y -
CONTRACT NO.:
T237 CUSTOMER:
Exelon Description of Nonconformance: In the course of conducting a third party review of the Peach Bottom load definition analysis, fL
,r: rr k Submitted b' Received by (Signature)
QA Manager-(Sigiffture)
(at/. t 5I I
(date/time)
(date/time)
Is this nonconformance a potentially reportable condition which must be evaluated per 1 OCFR Part 21 ?
_,KjYes No (If yes, page 2 of this form must be completed)
C?-"Prin lP stigator (Signature)
Xdate/time)
Cause of Nonconformance'L6_-_.
Disposition / Corrective Action including justification: -L_
- A)mC tA-VA.I,'&i-6&
Preventive Action including justification:(ý "CIC-1 rjc1
. 6 ~i~ie~~~~
43 4~w~vA c~esi~o
~W-4001414,~
1P.
rgcoe Disposi~ti*d{4'~-rfite2 obr re-inspecrttet: 6V&-
(documentation attached)
Disposition / Actions approved by:
0 I
i atr
- teC_,
e~da-ý zt h y hs I
QA Minag&'s Signature / Date Disposition / Corrective Action completed by:
Preventive Action completed by:
Disposition / Actions accepted by:
Principal Investigator's Signature /f[ate Client Re ftative* ignature / Date (if necessary)
Signature I
Date Signature / Date QA Manager's'Sigdrture I Date
/
/
Is follow-up necessary
- jjYes No If yes, indicate the date:
Z.
/-
1-,./
NCR closed:
QA Manager's Signature / Date Continuum Dynamics, Inc.
QA Form 9, Rev 7,1 Nov 2010 Page 1 of 2
NON-PROPRIETARV NONCONFORMANCE REPORT (NCR) NO.
0343 EVALUATION: An evaluation must be completed within 60 days of the above submittal date and time. If the evaluation cannot be completed within the 60 day period, an interim report must be submitted to the Commission.
Evaluation of the Deviation or Failure to Comply (attach additional pages if necessary)
The steam dryer pressure load for Nine Mile Point L..
T h ere is no substantial safetv hazard..
Evaluation performed by:
62 (signature)
(date)
(signature)
(date)
(date)
(signature)
Has the evaluation identified a reportable defect or failure to complI which would create a substantial safety hazard?
Yes_
No If yes, the completed NCR form must be presented to the President within 5 days of completion of the evaluation.
Submitted by:
(Signature)
Received by:
President (Signature)
The President has 2 days to notify the Commission by facsimile notification.
(date/time)
(date/time) and 30 days for written (date/time)
/
'(date/time)
NRC Notified by:
President (Signature)
Report of Deviation or Failure to comply Closed:
' QA Mani-ager (Sigrgature)
Continuum Dynamics, Inc.
QA Form 9, Rev 8, 27 Sept 2013 Page 2 of 2
ATTACHMENT 5 REVISED AFFIDAVITS TO WITHHOLD CONTINUUM DYNAMICS INC. (CDI) PROPRIETARY INFORMATION
40A t-Ir Continuum Dynamics, Inc.
(609) 538-0444 (609) 538-0464 fax 34 Lexington Avenue Ewing, NJ 08618-2302 AFFIDAVIT I, Alan J. Bilanin, state as follows:
- 1.
I am the President and Senior Associate of Continuum Dynamics, Inc. (C.D.I.), and have been delegated the function of reviewing the information described in paragraph (2) which is sought to be withheld, and have been authorized to apply for its withholding.
- 2.
The Information sought to be withheld is contained in Enclosure 1 of C.D.I. Letter No. 14110 "Transmittal of C.D.I. Technical Note No.14-04P "Computation of Cumulative Usage Factor for the 115% CLTP Power Level at Nine Mile Point Unit 2 with the Inboard RCIC Valve Closed" Revision 0 dated 18 November 2014. The C.D.I. proprietary information in Enclosure 1, which is entitled "Computation of cumulative Usage Factor for the 115% CLTP Power Level at Nine Mile Point Unit 2 with the Inboard RCIC Valve Closed," Revision 0 is identified by its enclosure within pairs of double square brackets. ((This sentence is an example.[31 )). In each case, the superscript notation [31 refers to Paragraph (3) of this affidavit, which provides the basis for the proprietary determination.
- 3.
In making this application for withholding of proprietary information of which it is the owner or licensee, C.D.I. relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 U.S.C. §552(b)(4), and the Trade Secrets Act, 18 U.S.C. § 1905, and NRC regulations 10 CFR 9.17(a)(4), and 2.390(a)(4) for trade secrets (Exemption 4). The material for which exemption from disclosure is here sought also qualifies 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, 975 F.2d 871 (D.C. Cir. 1992), and Public Citizen Health Research Group v. FDA, 704 F.2d 1280 (D.C. Cir. 1983).
- 4.
The Information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs (4)a and (4)b. Some examples of categories of information that 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 C.D.I.'s competitors without a license from C.D.I.
constitutes a competitive economic advantage over other companies; (b) Information that, if used by a competitor, would reduce its expenditure of resources or improve its competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product; Affidavit Page 1/3
(c) Information that reveals aspects of past, present, or future C.D.I. customer-funded development plans and programs, resulting in potential products to C.D.I.;
(d) Information that discloses trade secret or potentially patentable subject matter for which it may be desirable to obtain patent protection.
- 5.
To address 10 CFR 2.390(b)(4), the information sought to be withheld is being submitted to NRC in confidence. The information is of a sort customarily held in confidence by C.D.I., 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 C.D.I., not been disclosed publicly, and not been made available in public sources.
All disclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursuant to regulatory provisions for proprietary or confidentiality agreements or both that provide for maintaining the information in confidence.
The initial designation of this information as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in the following paragraphs (6) and (7).
- 6.
Initial approval of proprietary treatment of a document is made by the manager of the originating component, who is the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge, or who is the person most likely to be subject to the terms under which it was licensed to C.D.I.
Access to such documents within C.D.I. is limited to 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 for technical content, competitive effect, and determination of the accuracy of the proprietary designation.
Disclosures outside C.D.I. 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 and/or confidentiality agreements.
- 8.
The information identified in paragraph (2), above, is classified as proprietary because it contains the detailed C.D.I. methodology for fatigue evaluation of steam dryers. These methods, techniques, and data along with their application to the design, modification, and analyses associated with the structural qualification of steam dryers were achieved at a significant cost to C.D.I.
The development of the evaluation processes along with the interpretation and application of the analytical results is derived from the extensive experience and information databases that constitute major C.D.I. assets.
- 9.
Public disclosure of the information sought to be withheld is likely to cause substantial harm to C.D.I.'s competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of C.D.I.'s comprehensive BWR safety and 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 Affidavit Page 2/3
process. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods.
The research, development, engineering, analytical and NRC review costs comprise a substantial investment of time and money by C.D.I. 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.
C.D.I.'s competitive advantage will be lost if its competitors are able to use the results of the C.D.I. 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 C.D.I. 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 C.D.I. of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing and obtaining these very valuable analytical tools.
I declare under penalty of perjury that the foregoing affidavit and the matters stated therein are true and correct to be the best of my knowledge, information and belief.
Executed on this day of A2~/NJ"',e:A*-
2014.
Alan J. Bilanin President & Senior Associate Continuum Dynamics, Inc.
34 Lexington Avenue Ewing, NJ 08618-2302 Bilanin @ continuum-dynamics.com Affidavit Page 3/3
OContinuum Dynamics, Inc.
(609) 538-0444 (609) 538-0464 fax 34 Lexington Avenue Ewing, NJ 08618-2302 AFFIDAVIT I, Alan J. Bilanin, state as follows:
- 1.
I am the President and Senior Associate of Continuum Dynamics, Inc. (C.D.I.), and have been delegated the function of reviewing the information described in paragraph (2) which is sought to be withheld, and have been authorized to apply for its withholding.
- 2.
The Information sought to be withheld is contained in Enclosure 1 of C.D.I. Letter No. 14108 "Transmittal of C.D.I. Report No.14-08P "Stress Re-Evaluation of Nine Mile Point Unit 2 Steam Dryer at 115% CLTP," Revision 0 dated 18 November 2014. The C.D.I. proprietary information in Enclosure 1, which is entitled "Stress Re-Evaluation of Nine Mile Point Unit 2 Steam Dryer at 115% CLTP," Revision 0" is identified by its enclosure within pairs of double square brackets. ((This sentence is an example.[31)). In each case, the superscript notation[31 refers to Paragraph (3) of this affidavit, which provides the basis for the proprietary determination.
- 3.
In making this application for withholding of proprietary information of which it is the owner or licensee, C.D.I. relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 U.S.C. §552(b)(4), and the Trade Secrets Act, 18 U.S.C. § 1905, and NRC regulations 10 CFR 9.17(a)(4), and 2.390(a)(4) for trade secrets (Exemption 4). The material for which exemption from disclosure is here sought also qualifies 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, 975 F.2d 871 (D.C. Cir. 1992), and Public Citizen Health Research Group v. FDA, 704 F.2d 1280 (D.C. Cir. 1983).
- 4.
The Information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs (4)a and (4)b. Some examples of categories of information that 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 C.D.I.'s competitors without a license from C.D.I.
constitutes a competitive economic advantage over other companies; (b) Information that, if used by a competitor, would reduce its expenditure of resources or improve its competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product; Affidavit Page 1/3
(c) Information that reveals aspects of past, present, or future C.D.I. customer-funded development plans and programs, resulting in potential products to C.D.I.;
(d) Information that discloses trade secret or potentially patentable subject matter for which it may be desirable to obtain patent protection.
- 5.
To address 10 CFR 2.390(b)(4), the information sought to be withheld is being submitted to NRC in confidence. The information is of a sort customarily held in confidence by C.D.I., 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 C.D.I., not been disclosed publicly, and not been made available in public sources.
All disclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursuant to regulatory provisions for proprietary or confidentiality agreements or both that provide for maintaining the information in confidence.
The initial designation of this information as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in the following paragraphs (6) and (7).
- 6.
Initial approval of proprietary treatment of a document is made by the manager of the originating component, who is the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge, or who is the person most likely to be subject to the terms under which it was licensed to C.D.I.
Access to such documents within C.D.I. is limited to 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 for technical content, competitive effect, and determination of the accuracy of the proprietary designation.
Disclosures outside C.D.I. 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 and/or confidentiality agreements.
- 8.
The information identified in paragraph (2), above, is classified as proprietary because it contains the detailed C.D.I. methodology for stress analysis of steam dryers. These methods, techniques, and data along with their application to the design, modification, and analyses associated with the structural qualification of steam dryers were achieved at a significant cost to C.D.I.
The development of the evaluation processes along with the interpretation and application of the analytical results is derived from the extensive experience and information databases that constitute major C.D.I. assets.
- 9.
Public disclosure of the information sought to be withheld is likely to cause substantial harm to C.D.I.'s competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of C.D.I.'s comprehensive BWR safety and 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 Affidavit Page 2/3
process. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods.
The research, development, engineering, analytical and NRC review costs comprise a substantial investment of time and money by C.D.I. 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.
C.D.I.'s competitive advantage will be lost if its competitors are able to use the results of the C.D.I. 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 C.D.I. 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 C.D.I. of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing and obtaining these very valuable analytical tools.
I declare under penalty of perjury that the foregoing affidavit and the matters stated therein are true and correct to be the best of my knowledge, information and belief.
Executed on this day of 1Q, 0 V C-2014.
Alan J. Bilanin President & Senior Associate Continuum Dynamics, Inc.
34 Lexington Avenue Ewing, NJ 08618-2302 Bilanin@continuum-dynamics.com Affidavit Page 3/3
,Or"W Continuum Dynamics, Inc.
(609) 538-0444 (609) 538-0464 fax 34 Lexington Avenue Ewing, NJ 08618-2302 AFFIDAVIT I, Alan J. Bilanin, state as follows:
- 1.
I am the President and Senior Associate of Continuum Dynamics, Inc. (C.D.I.), and have been delegated the function of reviewing the information described in paragraph (2) which is sought to be withheld, and have been authorized to apply for its withholding.
- 2.
The Information sought to be withheld is contained in Enclosure 1 of C.D.I Letter No. 14109 "Transmittal of C.D.I. Report No.14-09P "Acoustic and Low Frequency Hydrodynamic Loads at CLTP Target Power Level on Nine Mile Point Unit 2 Steam Dryer to 250 Hz Using ACM Rev. 4.1R" Revision 1 dated 18 November 2014.
The C.D.I. proprietary information in, which is entitled "Acoustic and Low Frequency Hydrodynamic Loads at CLTP Target Power Level on Nine Mile Point Unit 2 Steam Dryer to 250 Hz Using ACM Rev. 4.1R,"
Revision 1 is identified by its enclosure within pairs of double square brackets. f[This sentence is an example.[31)).
In each case, the superscript notation 31 refers to Paragraph (3) of this affidavit, which provides the basis for the proprietary determination.
- 3.
In making this application for withholding of proprietary information of which it is the owner or licensee, C.D.I. relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 U.S.C. §552(b)(4), and the Trade Secrets Act, 18 U.S.C. § 1905, and NRC regulations 10 CFR 9.17(a)(4), and 2.390(a)(4) for trade secrets (Exemption 4). The material for which exemption from disclosure is here sought also qualifies 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, 975 F.2d 871 (D.C. Cir. 1992), and Public Citizen Health Research Group v. FDA, 704 F.2d 1280 (D.C. Cir. 1983).
- 4.
The Information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs (4)a and (4)b. Some examples of categories of information that 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 C.D.I.'s competitors without a license from C.D.I.
constitutes a competitive economic advantage over other companies; (b) Information that, if used by a competitor, would reduce its expenditure of resources or improve its competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product; Affidavit Page 1/3
(c) Information that reveals aspects of past, present, or future C.D.I. customer-funded development plans and programs, resulting in potential products to C.D.I.;
(d) Information that discloses trade secret or potentially patentable subject matter for which it may be desirable to obtain patent protection.
- 5.
To address 10 CFR 2.390(b)(4), the information sought to be withheld is being submitted to NRC in confidence. The information is of a sort customarily held in confidence by C.D.I., 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 C.D.I., not been disclosed publicly, and not been made available in public sources.
All disclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursuant to regulatory provisions for proprietary or confidentiality agreements or both that provide for maintaining the information in confidence.
The initial designation of this information as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in the following paragraphs (6) and (7).
- 6.
Initial approval of proprietary treatment of a document is made by the manager of the originating component, who is the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge, or who is the person most likely to be subject to the terms under which it was licensed to C.D.I.
Access to such documents within C.D.I. is limited to 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 for technical content, competitive effect, and determination of the accuracy of the proprietary designation.
Disclosures outside C.D.I. 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 and/or confidentiality agreements.
- 8.
The information identified in paragraph (2), above, is classified as proprietary because it contains the detailed C.D.I. methodology for steam dryer pressure loads.
These methods, techniques, and data along with their application to the design, modification, and analyses associated with the structural qualification of steam dryers were achieved at a significant cost to C.D.I.
The development of the evaluation processes along with the interpretation and application of the analytical results is derived from the extensive experience and information databases that constitute major C.D.I. assets.
- 9.
Public disclosure of the information sought to be withheld is likely to cause substantial harm to C.D.I.'s competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of C.D.I.'s comprehensive BWR safety and 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 Affidavit Page 2/3
process. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods.
The research, development, engineering, analytical and NRC review costs comprise a substantial investment of time and money by C.D.I. 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.
C.D.I.'s competitive advantage will be lost if its competitors are able to use the results of the C.D.I. 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 C.D.I. 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 C.D.I. of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing and obtaining these very valuable analytical tools.
I declare under penalty of perjury that the foregoing affidavit and the matters stated therein are true and correct to be the best of my knowledge, information and belief.
Executed on this dayof _-____________
2014.
Alan J. Bilanin President & Senior Associate Continuum Dynamics, Inc.
34 Lexington Avenue Ewing, NJ 08618-2302 Bilanin @continuum-dynamics.com Affidavit Page 3/3
WContinuum Dynamics, Inc.
(609) 538-0444 (609) 538-0464 fax 34 Lexington Avenue Ewing, NJ 08618-2302 AFFIDAVIT 1, Alan J. Bilanin, state as follows:
L.
I am the President and Senior Associate of Continuum Dynamics, Inc. (C.D.I.), and have been delegated the function of reviewing the information described in paragraph (2) which is sought to be withheld, and have been authorized to apply for its withholding.
- 2.
The Information sought to be withheld is contained in Enclosure 1 of C.D.I. Letter No. 14107 "Transmittal of Continuum Dynamics, Inc. Nonconformance Report No. 0343 dated 18 November 2014.
The C.D.I. proprietary information in Enclosure 1, which is entitled "Nonconformance Report (NCR) No. 0343" is identified by its enclosure within pairs of double square brackets. ((This sentence is an example. [3 )). In each case, the superscript notation[31 refers to Paragraph (3) of this affidavit, which provides the basis for the proprietary determination.
- 3.
In making this application for withholding of proprietary information of which it is the owner or licensee, C.D.I. relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 U.S.C. §552(b)(4), and the Trade Secrets Act, 18 U.S.C. § 1905, and NRC regulations 10 CFR 9.17(a)(4), and 2.390(a)(4) for trade secrets (Exemption 4). The material for which exemption from disclosure is here sought also qualifies 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, 975 F.2d 871 (D.C. Cir. 1992), and Public Citizen Health Research Group v. FDA, 704 F.2d 1280 (D.C. Cir. 1983).
- 4.
The Information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs (4)a and (4)b. Some examples of categories of information that 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 C.D.I.'s competitors without a license from C.D.I.
constitutes a competitive economic advantage over other companies; (b) Information that, if used by a competitor, would reduce its expenditure of resources or improve its competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product; (c) Information that reveals aspects of past, present, or future C.D.I. customer-funded development plans and programs, resulting in potential products to C.D.I.;
Affidavit Page 1/3
(d) Information that discloses trade secret or potentially patentable subject matter for which it may be desirable to obtain patent protection.
- 5.
To address 10 CFR 2.390(b)(4), the information sought to be withheld is being submitted to NRC in confidence. The information is of a sort customarily held in confidence by C.D.I., 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 C.D.I., not been disclosed publicly, and not been made available in public sources.
All disclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursuant to regulatory provisions for proprietary or confidentiality agreements or both that provide for maintaining the information in confidence.
The initial designation of this information as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in the following paragraphs (6) and (7).
- 6.
Initial approval of proprietary treatment of a document is made by the manager of the originating component, who is the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge, or who is the person most likely to be subject to the terms under which it was licensed to C.D.I.
Access to such documents within C.D.I. is limited to 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 for technical content, competitive effect, and determination of the accuracy of the proprietary designation.
Disclosures outside C.D.I. 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 and/or confidentiality agreements.
- 8.
The information identified in paragraph (2), above, is classified as proprietary because it contains details of the C.D.I. methodology for steam dryer analyses.
These methods, techniques, and data along with their application to the design, modification, and analyses associated with pressure loading on steam dryers were achieved at a significant cost to C.D.I.
The development of the evaluation processes along with the interpretation and application of the analytical results is derived from the extensive experience and information databases that constitute major C.D.I. assets.
- 9.
Public disclosure of the information sought to be withheld is likely to cause substantial harm to C.D.I.'s competitive position and foreclose or reduce the availability of profit-making opportunities.
The information is part of C.D.I.'s comprehensive 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. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods.
Affidavit Page 2/3
The research, development, engineering, analytical and NRC review costs comprise a substantial investment of time and money by C.D.I. 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.
C.D.I.'s competitive advantage will be lost if its competitors are able to use the results of the C.D.I. 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 C.D.I. 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 C.D.I. of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing and obtaining these very valuable analytical tools.
I declare under penalty of perjury that the foregoing affidavit and the matters stated therein are true and correct to be the best of my knowledge, information and belief.
Executed on this day of
.)(c
-i 65 M
2014.
Alan J. Bilanin President & Senior Associate Continuum Dynamics, Inc.
34 Lexington Avenue Ewing, NJ 08618-2302 Bilanin @continuum-dynamics.com Affidavit Page 3/3