ML17312B006
| ML17312B006 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde, 05200002  |
| Issue date: | 10/22/1996 |
| From: | Stewart Magruder NRC (Affiliation Not Assigned) |
| To: | Rickard I ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY |
| References | |
| NUDOCS 9610250172 | |
| Download: ML17312B006 (5) | |
Text
1PR REGS Cy A,00 ItA0
~O
++*++
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 22, 1996 Mr. Ian C. Rickard, Director Operations Licensing Combustion Engineering, Inc.
P.O.
Box 500 1000 Prospect Hill Road Windsor, Connecticut 06095
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR ABB-COMBUSTION ENGINEERING LETTER OF JULY 3, 1996
Dear Mr. Rickard:
Your letter of July 3, 1996 (LD-96-025), submitted presentation material on ABB-Combustion Engineering's (ABB-CE) licensing approach for the insertion of Lead Fuel Assemblies in Palo Verde Unit 3, for the meeting held between the Nuclear Regulatory Commission (NRC), ABB-CE, and Arizona Public Service on July 3, 1996, at the NRC offices in Rockville, Maryland.
In the letter, you stated that the information in Enclosure 1 to the letter was considered proprietary information consisting of trade secrets, privileged or confidential commercial or financial information.
You requested that this information be withheld from public disclosure pursuant to 10 CFR 2.790.
You also executed an affidavit on July 2, 1996 attached as Enclosure 2 to your letter.
The affidavit stated, and Enclosure 1 identified, that Enclosure 1
contained designated information owned and held in confidence by Combustion Engineering which should be considered exempt from mandatory public disclosure for the following reasons:
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 millions 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 to obtain information regarding
- planning, development and licensing activities for ABB Combustion Engineering advanced fuel designs.
25003 lg f/'/
96l0250l72 961022 PDR 'DGCK 05000528 PDR
I. Rickard October 22, 1996 d.
The information consists of planning, development and licensing activities for ABB Combustion Engineering advanced fuel designs, the application of which'rovides a competitive economic advantage.
The availability of such information to competitors would enable them to modify their product'o 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.
e.
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.
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 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 does contain trade secrets or proprietary commercial information.
Therefore, we have determined that Enclosure 1 of the letter, which is 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 disclosure should change in the future such that the information could then be made available for public inspection, you should promptly notify the Nuclear Regulatory Commission (NRC).
You should also understand that NRC may have cause to review this determination in the future if, for example, the scope of a
I. Rickard October 22, 1996 Freedom of Information Act request included 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 Stewart L. Hagruder, Project Hanager Generic Issues and Environmental Projects Branch Division of Reactor Program Hanagement Office of Nuclear Reactor Regulation
I. Rickard October 22, 1996 Freedom of Information Act request included 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, Original Signed By:
Stewart L. Magruder, Project Manager Generic Issues and Environmental Projects Branch Division of Reactor Program Management
'ffice of Nuclear Reactor Regulation cc:
See next page DISTRIBUTION:
Central-File PUBLIC PGEB R/F TMartin DMatthews FAkstulewicz MPSiemien, OGC TCollins EKendrick SWu Document Name:
G: SLMI.PROPRIET.703 OFC PM:PGEB S~
SC:PGEB SXRB OGC ~<
NAME SMa ruder: sw DATE
'IP ll 96 TCol 1 ins ~
FAkstu icz 0
596 0
96 OFFICIAL OFFICE COPY m
MPSi emi en
/0 96
V V
ABB-Combustion Engineering, Inc.
cc:
Mr. Charles B. Brinkman, Director Nuclear Systems Licensing ABB-Combustion Engineering, Inc.
Post Office Box 500 1000 Prospect Hill Road Windsor, Connecticut 06095-0500 Mr. Ian C. Rickard, Director Operations Licensing ABB-Combustion Engineering Nuclear Operations Post Office Box 500 1000 Prospect Hill Road Windsor, Connecticut 06095-0500 Mr. Charles B. Brinkman, Manager Washington Nuclear Operations ABB-Combustion Engineering, Inc.
12300 Twinbrook Parkway, Suite 330 Rockville, Maryland 20852