ML17312A780
| ML17312A780 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 05/24/1996 |
| From: | Thomas C NRC (Affiliation Not Assigned) |
| To: | Rickard I ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY |
| References | |
| NUDOCS 9605300099 | |
| Download: ML17312A780 (10) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. %555-0001 Nay 24,,1996 g'o -<SO Hr. Ian C. Rickard
- Director, Oper ations Licensing ABB Combustion Engineering,. Inc.
,1000 Prospect Hill Road P.O.
Box 500 Mindsor, Connecticut 06095-0500
Dear Hr. Rickard:
By letter dated January 12, 1996, Arizona Public Service Company submitted the Combustion Engineering document entitled "Safety Analysis Report for Use of Advanced Zirconium Based Cladding Material in PVNGS Unit 2 Batch J Demonstration Fuel Assemblies,"
CEN-426-P, Revision-01-P, 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 October 4, 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 thousands of dollars and thousands of manhours of effort.
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 developing, fuel rod cladding Zirconium-based material alloy properties and in-reactor performance data.
d.
The information consists of fuel rod'ladding Zirconium-based'aterial alloy properties and in-reactor performance data, 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, taking marketing or other actions to oa.f'A1,$
9605300099 960524 PDR ADQCK 05000530 K
Hr. Ian C. Rickard 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
'pparatus.
e.
In pricing Combustion Engineering's products and services, significant research, development, ehgineering; analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included.
The abil.ity 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.
,f.
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 require<ants 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 document entitled "Safety Analysis Report for Use of Advanced Zirconium Based Cladding Material in PVNGS Unit 2 Batch 3 Oemonstration Fuel Assemblies,"
marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of
'he 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 future, for example, if the scope of a Freedom of Information Act request
li Ol II
Arizona Public Service 'Company Palo Verde, Nuclear Generating Station 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, Maricopa County Board of Supervisors 301 W. Jefferson, 10th Floor
- Phoenix, Arizona 85003 Mr. Aubrey V. Godwin, Director Arizona Radiation Regulatory Agency 4814 South 40 Street
- Phoenix, Arizona 85040 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
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Mr. Ian C. Rickard 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 OJSJ BU O I:
Docket (50-530)
PUBLIC PDIV-2 Reading JRoe EAdensam WBateman EPeyton CThomas MPSiemien
- DKirsch, 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 PDIV-2 SRXB OGC C
NAME e
n:es CThomas c
'P'Jones
'MPSiemie DATE 5 R 96
'5'6 5 0/96
-'53.
96 OFFICIAL RECORD COPY
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Hr. Ian C. Rickard 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'n advance of any public disclosure.
Sincerely, cc:
See next page QLIELBUBT N:
Docket (50-530)
PUBLIC PDIV-2 Reading JRoe EAdensam WBateman EPeyton CThomas HPSiemien
- DKirsch, 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 e
n:es DATE 5 R 96 PDIV-2 CThomas 5
96 SRXB
//
RJones 5 496 OGC C
MPSiemierP 53 96 OFFICIAL RECORD COPY
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