ML17284A633
| ML17284A633 | |
| Person / Time | |
|---|---|
| Site: | Columbia  |
| Issue date: | 05/29/1998 |
| From: | Poslusny C NRC (Affiliation Not Assigned) |
| To: | Rickard I ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY |
| References | |
| NUDOCS 9806040294 | |
| Download: ML17284A633 (8) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2055&0001 May 29, 1998
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Mr. Ian C. Rickard Director, Nuclear Licensing Combustion Engineering P.O. Box 500 2000 Day HillRoad Windsor, Connecticut 06095-0500 SUBJECT'EQUEST FOR WITHHOLDINGINFORMATIONFROM PUBLIC DISCLOSURE
Dear Mr. Rickard:
By letters dated March 3 and April24, 1998, Washington Public Power Supply System (Supply System) submitted additional information on minimum critical power ratio (MCPR) safety limits for Washington Nuclear Project 2 (WNP-2) Cycle 14 operation in response to a written request from the NRC staff and in response to discussions with the NRC staff and requested that the information be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary version of the document was submitted for placement in the NRC's Public Document Room.
Affidavits dated February 23, 1998, and April 16, 1998, from Combustion Engineering, the owner of the information were included in the applications.
Combustion Engineering states that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
a.
A similar product is manufactured and sold by major light water reactor competitors of Combustion Engineering, Inc.
Development of this information by Combustion Engineering, Inc. required thousands of manhours and hundreds of thousands of dollars. A competitor would have to undergo similar expense in generating equivalent information.
In order to acquire such information, a competitor would also require considerable time and inconvenience to develop the analysis methodology details and details of results for simulating the critical power ratio perfoimance of non-ABB fuel for determing [determining] the Operating LimitMinimum Critical Power Ratio.
d,
'P806040294 980529 PDR aDOCX 0SOOOSVZ P
POR The information consists of analysis methodology details and calculated results for simulating the critical power ratio performance of non-ABB fuel for determing
[determining] the Operating LimitMinimum Critical Power Ratio, 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, Inc., take the marketing or other actions to improve their product's position or impair the position of Combustion Engineering, Inc.'s product, and avoid developing similar data and analyses in support of their processes, methods or apparatus.
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Mr. Ian C. Rickard May 29, 1998 e.
In pricing Combustion Engineering, Inc.'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 reflecting signiTicantly 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 have an adverse economic impact on Combustion Engineering, Inc.'s potential for obtaining or maintaining foreign licensees."
The April 16, 1998, affidavit stated that the information enclosed with the letter dated April24, 1998, should be considered exempt for the same reasons listed above except for item d:
lid The information consist of analysis methodology details and calculation details for the Safety LimitMinimum Critical Power Ratio evaluation, 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, Inc., take marketing or other actions to improve their product's position or impair the position of Combustion Engineering, inc.'s product, and avoid developing similar data and analyses in support of their processes, methods or apparatus."
We have reviewed your submittals and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Combustion Engineering, Inc. statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, we have determined that the additional information, marked as proprietary, willbe withheld from public disclosure pursuan't to 10 CFR 2.790(b)95) and Section 103(b) of the Atomic Energy Act of 1954, as amended.
Withholding from public inspection shall not affect the right, ifany, of persons properly and directly concerned to inspect the complete documents.
Ifthe need arises, we may send copies of this information to our consultants working in this area.
We will,of course, ensure that the consultants'have signed the appropriate agreements for handling proprietary information.
Ifthe 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
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Mr. Ian C. Rickard Nay 29, 1998 I
this determination in the future, for example, ifthe scope of a Freedom of Information Act request includes your information. In all review situations, ifthe 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, cc: See next page Original Signed By Chester Poslusny, Senior Project Manager Project Directorate IV-2 Division of Reactor Projects III/IV Office of Nuclear Reactor Regulation WBSSIIIM:
Docket Files, PDIV-2 Reading PUBLIC EGA1 WBateman CPoslusny EPeyton MSiemien, OGC TCollins KPerkins, RIVWCFO PGwynn, RIV
- For previous concurrences see attached ORC Document Name: WNPPROP.LET OFC PD V-2 NAME C
s y
DATE 5 W6/ 98 PDIV-2 Epeytopo 5&98 SRXB*
TCollins 5/11 /98 OGC MPSiemien 5/
/98 OFFICIAL RECORD COPY
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Mr. Ian C. Rickard May 29, 1998 CC:
Mr. Greg O. Smith (Mail Drop 927M)
WNP-2 Plant General Manager Washington Public Power Supply System P. O. Box S68 Richland, Washington 99352-0968 Mr. Albert E. Mouncer (Mail Drop 1396)
Chief Counsel Washington Public Power Supply System P.O. Box 968 Richland, Washington 99352-0968 Ms. Deborah J. Ross, Chairman Energy Facility Site Evaluation Council P. O. Box 43172 Olympia, Washington 98504-3172 Mr. D. W. Coleman (Mail Drop PE20)
Acting Manager, Regulatory Affairs Washington Public Power Supply System P.O. Box 968 Richland, Washington 99352-0968 Mr. Paul Inserra (Mail Drop PE20)
'anager, Licensing Washington Public Power Supply System P.O.'Box 968 Richland, Washington 99352 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Harris Tower & Pavilion 611 Ryan Plaza Drive, Suite 400 Arlington, Texas 76011-8064 Chairman Benton County Board of Commissioners P.O. Box 69 Prosser, Washington S9350-0190 Mr. Scott Boynton, Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 69 Richland, Washington 99352-0968 Mr. Perry D. Robinson, Esq.
Winston & Strawn 1400 L Street, N.W.
Washington, DC 20005-3502 Mr. Rodney L. Webring (Mail Drop PE08)
Vice President, Operations Support/PIO Washington Public Power Supply System P. O. Box 968 Richland, Washington 99352 Mr. J. V. Parrish Chief Executive Officer Washington Public Power Supply Sytem P.O. Box 968 (Mail Drop 1023)
Richland, Washington 99352-0968
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