ML17264A568

Forwards Proprietary Info Which Had Been Distributed at 960710 Meeting Re Use by Util of Borated Stainless Steel as Neutron Absorber in Spent Fuel Racks.Info Should Be Withheld from Public Disclosure IAW/10CFR2.790

ML17264A568
Person / Time
Site:	Ginna
Issue date:	07/19/1996
From:	Mecredy R ROCHESTER GAS & ELECTRIC CORP.
To:	Vissing G NRC (Affiliation Not Assigned), NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML17264A569	List: ML17264A568
References
NUDOCS 9608050205
Download: ML17264A568 (9)

Text

CATEGORY 1

REGULATOBi INFORMATION DISTRIBUTION a/STEM (RIDS)

ACC~"SSION N4R:9'508050205 DOC.DATE: 96/07/19 NOTARIZED: YES DOCKET F'ACIL:50-244 Robert Emmet Ginna Nuclear Plant, Unit 1,, Rochester G

05000244 AUTH. NAME AUTHOR AFFILIATION

'MECREDY,R.C.

Rochester Gas a Ele'ctric Corp.

RECIP.NAME RECIPIENT AFFILIATION VISSING,G.S.

SUBJECT:

Forwards proprietary info which had been distributed at 960710 meeting re use by util of Borated Stainless Steel as neutron absorber in spent fuel racks. Info should be withheld from public disclosure IAW/10CFR2.790.

DISTRIBUTION CODE:

AP01D COPIES RECEIVED:LTR ENCL SIZE:

TITLE: Proprietary Review Distribution Pre Operating License

& Operating R

NOTES:License Exp date in accordance with 10CFR2,2.109(9/19/72).

05000244 RECIPIENT ID CODE/NAME PDl-1 LA VISSINGgG.

INTERN FILE CEN EXTERNAL: NRC PDR COPIES LTTR ENCL 1

1 1

1 1

1 RECIPIENT ID CODE/NAME PDl-1 5'D OGC/HDS3 NoAc I

COPIES LTTR ENCL 1

1 1

0 1 ~iN NOTE TO ALL "RIDS" RECIPIENTS:

PLEASE HELP US TO REDUCE WASTEl CONTACT THE DOCUMENT CONTROL DESK, ROOM OWFN SD-5(EXT. 415-2083)

TO ELIMINATE YOUR NAME FROM DISTRIBUTION LISTS FOQ DOCUMENTS YOU DON'T NEED!

TOTAL NUMBER OF COPIES REQUIRED:

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ARFA CODE716 5'-2700 ROBERT C. MECREDY Vice President Nvctear Operations July 19, 1996 U.S. Nuclear Regulatory Commission Document Control Desk Attn:

Guy S. Vissing Project Directorate I-1 Washington, D.C.

20555

Subject:

Material on the use of Borated Stainless Steel as a

Neutron Absorber in High Density Racks.

Dear Mr. Vissing:

A meeting was held with NRC staff on July 10,

1996, concerning the use by RG&E of Borated Stainless Steel as a

neutron absorber in spent'fuel racks.

During the meeting, FRAMATOME TECHNOLOGIES distributed material to describe the design and material characteristics of the spent fuel racks.

Since some of the material distributed at the meeting was considered proprietary by FRAMATOME TECHNOLOGIES, it is supported by an affidavit signed by FRAMATOME TECHNOLOGIES INC..

Accordingly, it is respectfully requested that the information which is proprietary to FRAMATOME TECHNOLOGIES be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Commission's regulations.

Very Truly Yours, Robert C. Mecredy xc:

Mr. Guy S. Vissing (Mail Stop 14B2)

Project Directorate I-1 Washington, D.C.

20555 U.S. Nuclear Regulatory Commission Region I 475 Allendale Road King of Prussia, PA 19406 US 1 g g-P Fn ~+~PP D 1 NRC Ginna Senior Resident Inspector 9608050205 PDR TOPRP C

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AFFIDAVIT F JAM H. TAYL R A.

My name is James H. Taylor.

I am Manager of Licensing Services for Framatome Technologies, Inc. (FTI), and as such, I am authorized to execute this Affidavit.

B.

I am familiar with the criteria applied by FTI to determine whether certain information of FTI is proprietary and Iam familiar with the procedures established withinFTI to ensure the proper application of these criteria.

In determining whether an FTI document is to be classified as proprietary information, an initial determination is made by the Unit Manager, who is responsible for originating the document, as to whether itfalls within the criteria set forth in Paragraph D hereof. Ifthe 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. Ifthe document is designated as proprietary, it is reviewed again by Licensing personnel and other management within FTI as designated by the Manager of Licensing Services to assure that the regulatory requirements of 10 CFR Section 2.790 are met.

D.

The following information is provided to demonstrate that the provisions of 10 CFR Section 2.790 of the Commission's regulations have been considered:

The information has been held in confidence by FTI.

Copies of the document are clearly identified as proprietary. In addition, whenever FTItransmits the information to a customer, customer's

agent, potential customer or regulatory agency, the transmittal requests 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 substance of the following provision is included in all agreements entered into by FTI, and an equivalent version of the proprietary provision is included in all of FTI's proposals:

FFIDAVIT F AM H TAYL R (Cont'd.)

"Any proprietary information concerning Company's or its Supplier's products 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 confidence, 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 proprietary 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-proprietary.

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.

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

AFFIDAVIT F AM H TAYL R (Cont'd.)

The following criteria are customarily applied by FTI in a rational decision process to determine whether the information should be classified as proprietary. Information may be classified as proprietary ifone or more of the following criteria are met:

a.

Information reveals cost or price information, commercial strategies, production capabilities, or budget levels of FTI, its customers or suppliers.

b.

The information reveals data or material concerning FTI research or development plans or programs ofpresent or potential competitive advantage to FTI.

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 of which results in a competitive advantage to FTI.

e.

The information reveals special aspects of a process, method, component or the like, the exclusive use ofwhich results in a competitive advantage to FTI.

f.

The information contains ideas for which patent protection may be sought.

AFFIDAVIT F JA 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 FTI procedures with respect to classification and has been found to contain information which falls within one or more of the criteria enum'crated above.

Exhibit "B", which is attached hereto and made a part hereof, specifically identifies the criteria applicable to the document(s) listed in Exhibit "A".

The document(s) listed in Exhibit "A", which has been made available 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 FTI.

(v)

Specific information with regard to whether public disclosure of the information is likelyto cause harm to the competitive position ofFTI, taking into account the value of the information to FTI; the amount of effort or money expended by FTI developing the information; and the ease or difficultywith 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 FTI 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 information by FTI. This report comprises information

AFFIDAVITOF JA H TAYL R (Cont'd.)

utilized by FTI in its business which afford FTI an opportunity to obtain a competitive advantage over those who may wish to know or use the information contained in the document(s).

AMES H. TAYL State of Virginia)

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 TAYLc Subscribed and sworn before me this J I%ay of~

1996.

Notary Public in and for the City of Lynchburg, State of Virginia.

My Commission Expires I

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