ML17255A304

Forwards Jh Taylor Affidavit Supporting 830609 Request to Withhold Rept Summarizing Testing Performed to Support Pretensioning of Steam Generator Tubes for Sleeving from Public Disclosure

ML17255A304
Person / Time
Site:	Ginna
Issue date:	06/21/1983
From:	Maier J ROCHESTER GAS & ELECTRIC CORP.
To:	Crutchfield D Office of Nuclear Reactor Regulation
References
NUDOCS 8306270257
Download: ML17255A304 (13)

Text

Y REGULATOR NFORMATION DISTRIBUTION '8 T<<EM (RIDS)

AGCESSION NBR;8306270257 DOC ~ DATE! 83/06/21 NOTARIZED:

YES DOCKET FACILs50 244 -Robert Emmet <<Ginna Nuclear Plantp "Uni;t li 'Rochester-G 05000244

'AUTH,NAME AUTHOR AFFILIATION, MAIER, J, E,'ochester Gas 8 Electric Corp'REC I'P ~ NAME RECIPIENT AFFILIATION CRUTCHFIELDg D ~

Operating Reactors Branch 5

SUBJECT!.For war ds JH Tay 1 or a ffidevi t suppor t ing 830609

.r eques t.,to withhold <<rept <<summer izing testing performed..-to.support

'pretensioning of steam gener qtor tubes for.sl eeying.-from public disclosure+

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Steam Generator "Sleeving Rev'iew for PWR's NOTES:NRR/DL/SEP icy, 05000244 RECIPIENT

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ROCHESTER GAS AND ELECTRIC CORPORATION

~ 89 EAST AVENUE, ROCHESTER, N.Y. 14649 JOHN E. MAILER Vice Proeident TEI.EPHONE

• REA coDE, 71e 546.2700 June 21, 1983 Director of Nuclear Reactor Regulation Attention:

Mr. Dennis M. Crutchfield, Chief Operating Reactors Branch No.

5 U.S. Nuclear Regulatory Commission Washington, D.C.

20555

Subject:

Steam Generator Sleeving R. E. Ginna Nuclear Power Plant Docket No. 50-244

Dear Mr. Crutchfield:

By letter dated June 9,

1983, we submitted a report sum-marizing testing which had been peformed to support pretensioning of steam generator tubes for sleeving.

We requested that the report be withheld from public disclosure since it contained information proprietary to Babcock and Wilcox and stated that an affidavit was being prepared and would be submitted in the near future.

Enclosed is the affidavit supporting our June 9 request.

Exhibit A, as referenced in the affidavit, is the report submitted with our June 9 letter.

Very truly yours, John E. Maier Enclosure 8306270257 83062l PDR ADOCK 05000244 P

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Babcock LWilcox 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*de-termine 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 cr iteria.

I C.

In determining whether a Babcock

& Wilcox document is to be classi-fied as proprietary information, an initial determination is made..

by the unit manager who is responsible for originating the document as to whether it falls within the criteria set forth in Paragraoh 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 re-viewed 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 pro-visions 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 re-quests the recipient to hold the information as proprietary.

Also, in order to strictly limit any potential or actual customer's use of proprietary Information, the following I

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Babcock aWitcox AFFIDAVIT OF JAMES H.

TAYLOR (Cont'd) provision is included in all proposals submitted by Babcock 5 Wilcox, and an applicable version of the proprietary provision is included in all of Babcock 8 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'roducts 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 disclose it to others without the written approval of Company, and no rights, implied or otherwise, are granted to produce 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 pro-prietary 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-pro-prietary.

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.

8abcock8 Nfilcox AFFIDAYIT OF JAMES H.

TAYLOR (Cont'd)

Company shall be given the right to participate in pursuit of such confidential treatment."

(ii) The following criteria are customarily applied by Babcock Milcox 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 crite'ria 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

& Milcox research or development plans or programs of present or potential competitive advantage to Babcock Milcox.

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.

Babcocks Vltilcox AFFIDAVIT OF JAMES H.

TAYLOR (Cont'd)

The document(s) listed on Exhibit "A", which is attached hereto and made a part hereof, has been evaluated in accordance with normal Babcock

& Milcox procedures with respect to classification and has been found to contain information which falls within one or. more of the criteria enumerated above.

Exhibit "8", which is attached hereto 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 avail-able 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 competitors of B&M.

(v) Specific information with regard to whether public disclosure of the information is likely to cause harm to the competitive position of Babcock

& Milcox, taking into account the value of the information to Babcock

& Milcox; 'the amount of effort or money expended by Babcock

& Milcox developing the information; and the ease or difficulty with which the information 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

& Milcox 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 protected as proprietary in-formation 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 (4)

Babcock 8 Wilcox

.those who may wish to know or use the information contained in the document(s).

JAMES H.

TA OR State of Virginia)

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City of Lynchburg SS.

.Lynchburg James H. 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. TA Subscrib and swo before me this day of 1983.

Notary Public in and for the City of Lynchburg, State'f Virginia My Commission Expires

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Babcock &Wilcox Exhibit B Descri tion of Material A licable Criteria "Strength Testing of Sealable Sleeves Explosively Expanded into Locked Tubes-RGGE Ginna Station,"

Doc. No. 51-1143825-0 Sections 1 through 4 inclusively b, c, d

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