ML17216A549
| ML17216A549 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 05/14/1986 |
| From: | Tourigny E Office of Nuclear Reactor Regulation |
| To: | Woody C FLORIDA POWER & LIGHT CO. |
| References | |
| NUDOCS 8605190415 | |
| Download: ML17216A549 (9) | |
Text
May 14, 1986 Docket No.
50-389 Mr.
C.
0.
Moody Group, Vice President Nuclear Energy Florida Power and Light Company P.
0.
Box 14000 Juno Beach, Florida 33408
Dear Mr. Moody:
Distribution NRC 8 Local PDR PD-8 Reading E.Tourigny A.Thadani Gray File E.Jordan B.Grimes J. Partlow P.Kreutzer ACRS (10)
By your "L-86-149, Forwards Proprietary C-E Rept LOCA Axial Power Shape Study for St Lucie Unit 2, Per NRC Request for Refs Used in Licensee 860131 Large Break LOCA Analysis.Affidavit Encl. Rept Withheld (Ref [[CFR" contains a listed "[" character as part of the property label and has therefore been classified as invalid.)|letter dated April 9, 1986]], as supplemented by Combustion Engi-neering's affidavit dated March 24, 1986, you submitted an Enclosure to F2-CE-R-063 entitled "LOCA Axial Power Shape Study for St.
Lucie Unit 2."
You requested that this document be withheld from public disclosure pursuant to 10 CFR 2.790.
Combustion Engineering, Inc., stated that the above referenced document and information contained therein should be considered exempt from mandatory public disclosure for the following reasons:
"1.
The. information sought to be withheld from public disclosure is the method for selection of the axial power shape for use in large break loss-of-coolant accident analysis, which is owned and has been held in confidence by Combustion Engineering.
"2.
The information consists of test data or other similar data concerning a process, method or component, the application of which results in a substantial competitive advantage to Combustion Engineering.
"3.
The information is of a type customarily held in confidence by Combustion Engineering and not customarily disclosed to the public.
Combustion Engineering has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence.
The details of the aforementioned system were provided to the Nuclear Regulatory Commission via letter DP-537 from F.
M. Stern to Frank Schroeder dated December 2, 1974.
This system was applied in determining that the subject document herein are proprietary.
"4.
The information is being transmitted to the Commission in confidence under the provisions of 10 CFR 2.790 with the understanding that it is to be received in confidence by the Commission.
8605i904i5 8605i4 I'DR ADOCK 05000389 W)R
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"5.
The information... is not available in public sources, and any disclosure to third parties has been made pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence, "6.
Public disclosure of the information is likely to cause substantial harm to the competitive position of Combustion Engineering because:
"a.
A similar product is manufactured and sold by major pressurized water reactor competitors of Combustion Engineering.
"b.
Development of this information by C-E required thousands of manhours of effort and tens of thousands of dollars.
a competitor would have to undergo similar expense in generating equivalent information.
"c.
In order to acquire such information, a competitor would also require considerable time and inconvenience related to the development of similar methods for the selection of axial power shape for use in large break loss-of-coolant accident analysis.
"d.
The information required significant effort and expense to obtain the licensing approvals necessary for application of the information.
Avoidance of this expense would decrease a com-petitor's cost in applying the information and marketing the product to which the information is applicable.
"e.
The information consists of methods for the selection of axial power shape for use in large break loss-of-coolant accident
- analysis, the application of which provides a competitive economic advantage.
The availability of such information to competitors would enable them to modify their product to better compete with Combustion Engineering, take marketing or other actions to improve their product's position or impair the position of Combustion Engineering s product, and avoid developing similar data and analyses in support of their processes, methods or apparatus.
"f.
In pricing Combustion Engineering's products and services, significant research, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included.
The ability to Combustion Engi-neering's competitors to utilize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.
"g.
Use of the information by competitors in the international marketplace would increase their ability to market nuclear steam supply systems by reducing the costs associated with their technology development.
In addition, disclosure would have an adverse economic impact on Combustion Engineering's potential for obtaining or maintaining foreign licensees."
-We have reviewed your submittal and the material based on the requirement and criteri'a of 10 CFR 2.790 and on Combustion Engineering Inc.
s statements and have determined'that the submitted information sought to be withheld contains trade se'crets or proprietary commercial information.
Th'erefore, we have; determined that Enclosure to F2-CE-R-063 entitled "LOCA
'xial Power, Shape Study for St. Lucie Unit 2," marked as proprietary, will be withheld from public~disclosure pursuant to 10 CFR 2.790(b)(5) and Section
, 103(b) of the Atomic Energy Act, as amended.
li Withholding 'from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the document.
If the need
- arises, we may-"send copies of this information to our consultants working in this 'area.
We will, of course, insure that the consultants have signed the appropriate agreements for handling proprietary information.
If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public, inspection, you should promptly notify the NRC.
You should also understand that the NRC may have cause to review this determination in the'uture, such as if the scope of a Freedom of Information Act request includes your information.
In all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely,
/S/
cc:
See next page E.
G. Tourigny, Project Manager PWR Project Directorate ¹8 Division of PWR Licensing-B
- See previous white for concurrences PD¹8 PD¹8:
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We have reviewed your submittal and the material based on the requirement and cr'iteria of 10 CFR 2.790 and on Combustion Engineering Inc.
s statements and have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, we have determined that Enclosure to F2-CE-R-063 entitled "LOCA Axial Power Shape Study for St.
Lucie Unit 2," marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act, as amended.
Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the document.
If the need
- arises, we may send copies of this information to our consultants working in this area.
We will, of course, insure that the consultants have signed the appropriate agreements for handling proprietary information.
If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC.
You should also understand that the NRC may have cause to review this determination in the
- future, such as if the scope of a Freedom of Information Act request includes your information.
In all review situations, if the NRC needs additional information from you<makes a determination adverse to the above, you will be notified in advance f any public disclosure.
Crf Sincerely, cc:
See next page E.
G. Tourigny, Project Manager PWR Project Directorate ¹8 Division of PWR Licensing-B PD¹8 P.gazer PD¹8 ETourg.g: jch 5/y786 0
phag ~ 5 5/~3/86 PD¹8 AThadani 5/i 86
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Mr.
C. 0.
Woody Florida Power
& Light Company St.
Lucie Plant CC:
Mr. Jack Shreve Office of the Public Counsel Room 4, Holland Building Tallahassee, Florida 32304 Resident Inspector c/o U.S.
NRC 7585 S.
Hwy A1A Jensen Beach, Florida 33457 State'Planning
& Development Clearinghouse Office of Planning
& Budget Executive Office of the Governor The Capitol Building Tallahassee, Florida 32301 Harold F. Reis, Esq.
Newman
& Holtzinger 1615 L Street, N.W.
Washington, DC 20036 Norman A. Coll, Esq.
McCarthy, Steel, Hector and Davis 14th Floor, First National Bank Building Miami, Florida 33131 Administrator Department of Environmental Regulation Power Plant Siting Section State of Florida 2600 Blair Stone Road Tallahassee, Florida 32301 Mr. Weldon B. Lewis, County Administrator St.
Lucie County 2300 Virginia Avenue, Room 104 Fort Pierce, Florida 33450 Mr. Charles B. Brinkman, Manager Washington - Nuclear Operations Combustion Engineering, Inc.
7910 Woodmont Avenue
- Bethesda, Maryland 20814 Mr. Allan Schubert, Manager Public Health Physicist Department of Health and Rehabilitative Services 1323 Winewood Blvd.
Tallahassee, Florida 32301 Regional Administrator, Region II U.S.
Nuclear Regulatory Commission Executive Director for Operations 101 Marietta Street N.W., Suite 2900 Atlanta, Georgia 30323
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