ML17229A040
| ML17229A040 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 09/23/1996 |
| From: | Stall J FLORIDA POWER & LIGHT CO. |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML17229A041 | List: |
| References | |
| L-96-233, NUDOCS 9609260156 | |
| Download: ML17229A040 (8) | |
Text
CATEGORY j.
REGULRT(
INFORMATION DISTRIBUTIONISTEM
'(RIDE)
ACCESSION NBR:9609260156 DOC.DATE: 96/09/23 NOTARIZED: YES I
DOCKET I FACIL:50-335 St. Lucie Plant, Unit 1, Florida Power
& Light Co.
05000335 50-389 St. Lucie Plant, Unit 2, Florida Power It Light Co.
05000389 AUTH.NAME AUTHOR AFFILIATION STALL,J.A.
Florida Pow'er 6 Light Co.
RECIP.NAME RECIPIENT AFFII IATION'ocument Control Branch-=(Document Control Desk)
SUBJECT:
Fowards complete replacements of non-prop'rietary C
proprietary versions of repts CEN-405-NP,Rev 0
6 CEN-405-P, Rev 2.In 960827 telecon,NRC requested these revs to remove A
specific proprietary restrictions on CEN-405-P.
T DISTRIBUTION CODE:
AP01D COPIES RECEIVED:LTR ENCL SIZE:
)y/
TlTLE: Proprietary Review Distribution Pre Operating License
& Operat1ng R g NOTES:
RECIPIENT ID CODE/NAME PD2-3 LA WIENS,L.
COPIES LTTR ENCL 1
1 1
1 RECIPIENT ID CODE/NAME PD2-3 PD COPIES LTTR ENCL 1
1 INTERNAL: ACRS OGC/HDS3 EXTERNAL: NRC PDR 1
1 p-'='FILE CENTERS Ol 1
1 1
D E
N NOTE TO ALL "RIDS" RECIPIENTS:
PLEASE HELP US TO REDUCE WASTE!
CONTACT THE DOCUMENT CONTROL DESK, ROOM OWFN SD-S(EXT. 415-2083)
TO ELIMINATE YOUR NAME FROM DISTRIBUTION LISTS FOR DOCUMENTS YOU DON'T NEED!
TOTAL NUMBER OF COPIES REQUIRED:
LTTR 7
ENCL 8'
Florida Power 8t Light Company, P.O. Box 128, Fort Pierce, FL 34954-0128 September 23, 1996 U. S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, D. C.
20555 L-96-233 10 CFR 50.4 10 CFR 50.61 10 CFR 2.790 RE:
St. Lucie Units 1 and 2 Docket Nos. 50-335 and 50-389 10 CFR 50.61 Evaluation of Pressurized Thermal ShoclmKZeacta~esseLBeltlineJHaterjal~upplement Florida Power and Light Company (FPL) letter, L-96-112 dated May 24, 1996, submitted the 10 CFR 50.61(b)(1) pressurized thermal shock information for the St. Lucie Units 1 and 2 reactor vessel beltline materials.
Included with the referenced letter were copies of the proprietary and non-proprietary versions of Combustion Engineering Owners Group report CEN-405, Application ofReactor Vessel Surveillance Data for&ibrittlemenfManagejnenf.
CEN-405-P Revision 2 was the proprietary version and CEN-405-NP was the non-proprietary version of the report.
The NRC subsequently determined that CEN-405-P identified information that was not considered to be proprietary.
In a telephone conference call on August 27, 1996, between the NRC Staff and ABB-CE, the NRC cited specific sections they considered non-proprietary.
At the conclusion of the call ABB-CE agreed to remove the proprietary restrictions on CEN-405-P as requested with the exception of Appendix C to that report.
Enclosure A, CEN-405-NP, Revision 1, is a complete replacement of the non-proprietary version of the report, CEN-405-NP, Revision 0.
Enclosure B, CEN-405-P, Revision 3, is a complete replacement of the proprietary version of the report, CEN-405-P, Revision 2. The disclosure of Enclosure B would compromise trade secrets and commercial information considered by Combustion Engineering, Inc, as privileged or confidential.
Pursuant to 10 CFR 2.790(a)(4),
FPL requests that the enclosed copy of report CEN-405-P be withheld from public disclosure.
The affidavit, required by 10 CFR 2.790(b), supporting this request and executed by an authorized representative of Combustion Engineering, Inc., is attached.
The NRC is requested to return the original copies of CEN-405-P, Revision 3, or confirm destruction of the original copies submitted to the NRC Document Control Desk, the Regional Administrator, Region II, and the Senior Resident Inspector, St. Lucie Plant.
Very truly yours, 9609260i5b 9609'23 J A Stall FOR AoocV, OSoooss'5 P
Vice President St. Lucie Plant p)ot JAS/GRM cc:
Stewart D. Ebneter, Regional Administrator, Region II, USNRC Senior Resident Inspector, USNRC, St. Lucie Plant an FPL Group company
1P)
I'
St. Lucie Units 1 and 2 Dckket NOs. 50-335 and 50-389 L-96-233 Attachment I
D VIT U SU OC 2
9 I, lan C. Rickard, depose and say that I am the Director, Operations Licensing, of Combustion Engineering, Inc., duly authorized to make this affidavit, and have reviewed or caused to have reviewed the information which is identified as proprietary and referenced in the paragraph immediately below.
I am submitting this affidavit in conjunction with the application of Florida Power and Light and in conformance with the provisions of 10 CFR 2.790 of the Commission's regulations.
The information for which proprietary treatment is sought is contained in the following document:
CEN-405-P, Rev. 3, "Application of Reactor Vessel Surveillance Data for Embrittlement Management," September 1996.
This document has been appropriately designated as proprietary.
I have personal knowledge of the criteria and procedures utilized by Combustion Engineering in designating information as a trade secret, privileged or as confidential commercial or financial information.
Pursuant to the provisions of paragraph (b) (4) of Section 2.790 of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure, included in the above referenced document, should be withheld.
1.
The information sought to be withheld from public disclosure, is owned and has been held in confidence by Combustion Engineering.
It consists of the details concerning the fabrication process, material properties, and
, St. Lucie Units 1 and 2
',Docket Nos. 50-335 aad 50-389 ~
.L-96-233 Attachment surveillance data used to develop an approach to ascertain the embrittlement of reactor vessels.
2.
The information consists of test data or other similar data concerning a process, method or component, the application ofwhich results in 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 is 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.
5.
The information, to the best of my knowledge and belief, 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 ofthe information in confidence.
Public disclosure of the information is likelyto cause substantial harm to the competitive position of Combustion Engineering because:
a.
A similar product is manufactured and sold by major b.
pressurized water reactor competitors of Combustion Engineering.
Development ofthis information by Combustion Engineering required hundreds of thousands of dollars and thousands of
St. Lucie Units 1 and-2
.Docket Nos. 50-335 and 50-389 ~
. L-96-233 Attachment manhours of effort. 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 to develop a similar approach to ascertain the embrittlement of reactor vessels given detailed knowledge of the fabrication process, material properties, and surveillance data.
d.
The information consists of the details concerning the fabrication process, material properties, and surveillance data used to develop an approach to ascertain the embrittlement of reactor vessels, the application ofwhich 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.
e.
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 of Combustion Engineering's competitors to utilize such information without similar expenditure of resources may enable them to sell at prices refiecting significantly lower costs.
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
t St. Lucie Units 1 and 2
'ocke<Nos.
50-335 and 50-389 L-96-233 Attachment 4
have an adverse economic impact on Combustion Engineering's potential for obtaining or maintaining foreign licensees.
Further the deponent sayeth not.
lan rd Director, Operations Licensing Sworn to before me this l~
day of
, 1996 l'lotary Public l,1 ~
'N My commission expires:
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