ML17311B208
| ML17311B208 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 09/28/1995 |
| From: | Thomas C NRC (Affiliation Not Assigned) |
| To: | Rickard I ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY |
| References | |
| NUDOCS 9510050083 | |
| Download: ML17311B208 (8) | |
Text
4 tg
~
I 1,AR AEG0
~o Cy 0O I
10
~O
"+*+~
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2055&4001 5o-Sso September 28, 1995 Nr. Ian C. Rickard Director, Operations Licensing ABB Combustion Engineering, Inc.
1000 Prospect Hill Road P.O.
Box 500 Windsor, Connecticut 06095-0500
Dear Hr. Rickard:
By letter dated August 3, 1995, Arizona Public Service Company submitted the Combustion Engineering document entitled "PVNGS-3 Cycle 6 ECCS Performance Analysis," A-PV3-FE-0100-CT, Revision 00 and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.
A nonproprietary version was also submitted for placement in the Public Document Room.
Your affidavit dated July 24, 1995, states that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
"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 Combustion Engineering required hundreds of manhours and tens of thousands of dollars.
To the best of my knowledge and belief, a competitor would have to undergo similar expense in generating equivalent information.
c.
In order to acquire such information, a competitor would also require considerable time and inconvenience to understand the design of the Palo Verde Nuclear Generating Station nuclear power plant.
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.
95i0050083 950928 PDR ADCICK 05000530 P
PDR go<
gag R P I;HER CSP
A g
pt
Hr. Ian C. Rickard e.
The information consists of the Combustion Engineering Large Break and Small Break Loss of Coolant Accident safety analysis methodologies and their application to Palo Verde 3 Cycle 6, 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, take marketing or other actions to improve their product's position or impair the position of Combustion Engineering's
- product, and avoid developing similar data and analyses in support of their processes, methods or apparatus.
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.
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'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 Combustion Engineering, Inc.
statements, have determined that the submitted information sought to be withheld contains tr ade secrets or proprietary commercial information.
Therefore, we have determined that the document'entitled "PVNGS-3 Cycle 6
ECCS Performance Analysis," 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 documents.
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
r I
t
Mr. Ian C. Rickard CC Mr. Steve Olea Arizona Corporation Commission 1200 W. Washington Street Phoenix, Arizona 85007 T. E. Oubre, Esq.
Southern California Edison Company P. 0. Box 800
- Rosemead, California 91770 Senior Resident Inspector USNRC P. 0. Box 40
- Buckeye, Arizona 85326 Regional Administrator, Region IV U. S. Nuclear Regulatory Commission Harris Tower 8 Pavillion 611 Ryan Plaza Drive, Suite 400 Arlington, Texas 76011-8064
- Chairman, Board of Supervisors ATTN:
Chairman 301 W. Jefferson, 10th Floor Phoenix, Arizona 85003 Mr. Aubrey V. Godwin, Director Arizona Radiation Regulatory Agency 4814 South 40 Street Phoenix, Arizona 85040 Mr. Curtis Hoskins Executive Vice President and Chief Operating Officer Palo Verde Services 2025 N. 3rd Street, Suite 200
- Phoenix, Arizona 85004 Roy P. Lessey, Jr.,
Esq.
Akin, Gump, Strauss, Hauer and Feld El Paso Electric Company 1333 New Hampshire Avenue, Suite 400 Washington, DC 20036 Ms. Angela K. Krainik, Manager Nuclear Licensing Arizona Public Service Company P.O.
Box 52034
- Phoenix, Arizona 85072-2034 Mr. William L. Stewart Executive Vice President, Nuclear Arizona Public Service Company Post Office Box 53999 Phoenix, Arizona 85072-3999
Mr. Ian C. Rickard 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 DISTRIBUTION:
Docket (50-530)
PUBLIC PDIV-2 Reading JRoe EAdensam WBateman 8PCgtdn CThomas BHolian MPSiemien
- HWong, WCFO ORIGINAL SIGNED BY:
Charles R. Thomas, Senior Project Manager Project Directorate IV-2 Division of Reactor Projects III/IV Office of Nuclear Reactor Regulation DOCUMENT NAME:
WITH.CE OFC LA:PDIV-2 EPeeyPn: e s DATE 8 4 95 PDIV-2 CThomas 8L<95 SRXB RJone
- 2. 95 OGC Cr MPSi ernie 95 PDIV-2 BHol ian~
~95 OFFICIAL RECORD COPY
I
~ r,
~ t~4y 1 ~) *K ~W )~ his. dcrzcc,~/
(~~,71m ~ ~()~(
~~Vc4n~
p (5 -/'ZWZ.,
" ~ ~
~I ik I!
1i