ML17310A325
| ML17310A325 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 06/08/1993 |
| From: | Trammell C Office of Nuclear Reactor Regulation |
| To: | Conway W ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR |
| References | |
| NUDOCS 9306110280 | |
| Download: ML17310A325 (9) | |
Text
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+ p**4 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555.0001 lune 8, 1993 Docket Nos. 50-528, 50-529 and 50-530 Mr. William F.
Conway Executive Vice President, Nuclear Arizona Public Service Company Post Office Box 53999
- Phoenix, Arizona 85072-3999
Dear Mr. Conway:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE -
"RELOAD ANALYSIS METHODOLOGY FOR PALO VERDE NUCLEAR GENERATING STATION, REVISION 00-P" By your letter dated April 6,
- 1993, and by affidavit dated March 8,
- 1993, signed by S.
A. Toelle of Combustion Engineering, Inc., you submitted the documents:
Reload Analysis Methodology for the Palo Verde Nuclear Station, Revision OO-NP, February 1993 Reload Analysis Methodology for the Palo Verde Nuclear Station, Revision OO-P, February 1993 (PROPRIETARY)
Combustion Engineering has requested that the document marked "proprietary" be withheld from public disclosure pursuant to 10 CFR 2.790 for the following reasons:
The information sought to be withheld from public disclosure, which is owned and has been held in confidence by Combustion Engineering, is the reload design process, including the computer programs utilized and the scope of analyses performed for the Palo Verde Nuclear Generating Station.
2.
3.
The information consists of test data or other similar data concerning a
- process, method or component, the application of which results in substantial competitive advantage to Combustion Engineering.
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.
9306li0280 930608 PDR ADOCK 05000528 P
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Mr William F.
Conway Arizona Public Service Company
,Palo Verde CC:
Mr. Steve Olea Arizona Corporation Commission 1200 W. Washington Street
- Phoenix, Arizona 85007 James A. Beoletto, Esq.
Southern California Edison Company P. 0.
Box 800
- Rosemead, California 91770 Senior Resident Inspector U.S. Nuclear Regulatory Commission HC-03 Box 293-NR Buckeye, Arizona 85326 Regional Administrator, Region V
U. S. Nuclear Regulatory Commission 1450 Maria Lane Suite 210 Walnut Creek, California 94596 Mr. Charles B. Brinkman, Manager Washington Nuclear Operations ABB Combustion Engineering Nuclear Power 12300 Twinbrook Parkway, Suite 330 Rockville, Maryland 20852 Mr. William A. Wright, Acting Director Arizona Radiation Regulatory Agency 4814 South 40 Street
- Phoenix, Arizona 85040 Chairman Maricopa County Board of Supervisors 111 South Third Avenue
- Phoenix, Arizona 85003 Jack R.
- Newman, Esq.
Newman 8 Holtzinger, P.C.
1615 L Street, N.W., Suite 1000 Washington, D.C.
20036 Mr. Curtis Hoskins Executive Vice President and Chief Operating Officer Palo Verde Services 2025 N. 3rd Street, Suite 220
- Phoenix, Arizona 85004 Roy P.
Lessey, Jr.,
Esq.
Bradley W. Jones, Esq.
Akin, Gump, Strauss, Hauer and Feld El Paso Electric Company 1333 New Hampshire Ave., Suite 400 Washington, D.C.
20036
h
Hr. William F.
Conway 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 infort>ation..... is not available in public sources, and any disclosure
.o third parties has been made pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.
6.
Public disclosure of the information is likely to cause substantial harm to the competitive position of Combustion Engineering because:
a.
A similar product is manufactured and sold by major pressurized water reactor competitors of Combustion Engineering.
b.
Development of this information by C-E required tens of thousands of manhoars and millions of dollars, a competitor would have to undergo similar expense in generating equivalent information.
c.
In o. der to acquire such information, a competitor would also require considerable time and inconvenience to develop the reload design process, including the computer programs utilized and the scope of analyses performed for the Palo Verde Nuclear Generating Station.
d.
The information required significant effort and expense to obtain the licensing approvals necessary for application of the information.
Avoidance of this expense would decrease a
competitor's cost in applying the information and marketing the product to which the information is applicable.
e.
The information consists of the reload design process, including the computer programs utilized and the scope of analyses performed for the Palo Verde Nuclear Generating Station, the application of which provides a competitive economic advantage.
f.
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 reflecting significantly lower costs.
g.
The use if this 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.
3une 8, 1993 Hr. William F.
Conway We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Combustion Engineering's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, we have determined that the document entitled "Reload Analysis Methodology for the Palo Verde Nuclear Station, Revision 00-P," 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, if any of persons properly and directly concerned to inspect the document.
If the 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.
If the 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
'.>ave cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information.
In all review situations", if the 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:
Charles H. Trammell, Senior Project Hanager Project Directorate V
Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation DISTRIBUTION:
Docl.et File 3Roe CTrammell HPSiemien, OGC NRC
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PVWHOLD.LTR 100006
Mr. William F.
Conway We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Combustion Engineering's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, we have determined that the document entitled "Reload Analysis Methodology for the Palo Verde Nuclear Station, Revision OO-P," 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, if any of persons properly and directly concerned to inspect the document.
If the 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.
If the 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, if the scope of a Freedom of Information Act request includes your information.
In all review situations, if the 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 67 Charles M. Trammell, Senior Project Manager Project Directorate V
Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation
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