ML17284A901
| ML17284A901 | |
| Person / Time | |
|---|---|
| Site: | Columbia  |
| Issue date: | 10/15/1999 |
| From: | Jack Cushing NRC (Affiliation Not Assigned) |
| To: | Rickard I ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY |
| References | |
| NUDOCS 9910260133 | |
| Download: ML17284A901 (7) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20Ri&0001 October 15, 1999 Mr. Ian C. Rickard Director, Nuclear Licensing ABB Combustion Engineering Nuclear Power, Inc.
P.O. Box 500 2000 Day HillRoad Windsor, CT 06095-0500
SUBJECT:
REQUEST FOR WITHHOLDINGINFORMATIONFROM PUBLIC DISCLOSURE
Dear Mr. Rickard:
By letter dated August 30, 1999, Energy Northwest submitted additional information on minimum critical power ratio (MCPR) safety limits for WNP-2 Cycle 15 operation in response to a request from the NRC staff and you requested that the information be withheld from public disclosure pursuant to 10 CFR 2.790.
An affidavit dated August 26, 1999, from ABB Combustion Engineering (ABB CENP), the owner of the information was included in the application. ABB CENP states that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
"6.
a.
A similar product is manufactured and sold by major pressurized and/or boiling water reactor competitors of ABB CENP.
b.
Development of this information by ABB CENP required tens of thousands of dollars and hundreds of man-hours of effort. 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 information regarding Safety Limits and mechanical characteristics of ABB CENP fuel.
The information consists of Safety Limits and mechanical characteristics of ABB CENP fuel, 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 ABB CENP, take marketing
'r other actions to improve their product's position or impair the position of ABB CENP's product, and avoid developing similar data and analyses in support of their processes, methods or apparatus.
In pricing ABB CENP's products and services, significant research, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included. The ability of ABB CENP's competitors to utilize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.
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I. Rickard Use of the information by competitors in the international marketplace would increase their ability to market nuclear steam supply systems, nuclear fuel, analyses or other support services by reducing the costs associated with their technology development.
In addition, disclosure would have an adverse economic impact on ABB CENP's potential for obtaining or maintaining foreign licensees."
We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of ABB Combustion Engineering Nuclear Power, Inc.
statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information and should be withheld from public disclosure.
Therefore, "WNP-2, Operating License NPF-21, Request forAmendment, Minimum Critical Power Ratio Safety Limits (Additional Information-Channel Bow)," dated August 30, 1999, marked as proprietary, willbe withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) 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 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, ack Gushing, Project Manager, Section 2 Project Directorate IV 8 Decommissioning Division of Licensing Project Management Office of Nuclear Reactor Regulation cc: See next page,
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Nuclear Project No. 2 CC:
Mr. Greg O. Smith (Mail Drop 927M)
Vice President, Generation Energy Northwest P. O. Box 968 Richland, Washington 99352-0968 Mr. Albert E. Mouncer (Mail Drop 1396)
Chief Counsel Energy Northwest 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)
Regulatory Affairs Manager Energy Northwest P.O. Box 968 Richland, Washington 99352-0968 Mr. Paul Inserra (Mail Drop PE20)
Manager, Licensing Energy Northwest P.O. Box 968 Richland, Washington 99352 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Harris Tower 8 Pavilion 611 Ryan Plaza Drive, Suite 400 Arlington, Texas 76011-8064 Chairman Benton County Board of Commissioners P.O. Box 69 Prosser, Washington 99350-0190 Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 69 Richland, Washington 99352-0069 Mr. Rodney L. Webring (Mail Drop PE08)
Vice President, Operations Support/PIO Energy Northwest P. O. Box 968 Richland, Washington 99352 Perry D. Robinson, Esq.
Winston 8 Strawn 1400 L Street, N.W.
Washington, DC 20005-3502 Mr. Bob Nichols Executive Policy Division Office of the Governor P.O. Box 43113 Olympia, Washington 98504-3113
I. Rickard October 15, 1999 Vse of the information by competitors in the international marketplace would increase their ability to market nuclear steam supply systems, nuclear fuel, analyses or other support services by reducing the costs associated with their technology development.
In addition, disclosure would have an adverse economic impact on ABB CENP's potential for obtaining or maintaining foreign licensees."
We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of ABB Combustion Engineering Nuclear Power, Inc.
statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information and should be withheld from public disclosure.
Therefore, "WNP-2, Operating License NPF-21, Request for Amendment, Minimum Critical Power Ratio Safety Limits (Additional Information-Channel Bow)," dated August 30, 1999, 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 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 this determination in the future, for example, ifthe scope of a Freedom of Inforr'nation 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, ORIG.
SIGNED BY Jack Gushing, Project Manager, Section 2 Project Directorate IV& Decommissioning Division of Licensing Project Management Office of Nuclear Reactor Regulation cc: See next page DISTRIBUTION Docket File PUBLIC PDIV-2 Reading MPSiemien, OGC ACRS LSmith, RGN-IV o receive a co o
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