ML17312B163
| ML17312B163 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 01/08/1997 |
| From: | Clifford J NRC (Affiliation Not Assigned) |
| To: | Rickard I ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY |
| References | |
| NUDOCS 9701100199 | |
| Download: ML17312B163 (6) | |
Text
gL
~S AE00 P
~4 0
Cy A.0 C
O w+
+**++
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2056$ 400!
january 8, 1997
~ azs(~~a (sM Mr. Ian C. Rickard Director, Operations Licensing ABB Combustion Engineering, Inc.
1000 Prospect Hill Road P.O.
Box 500 Windsor, Connecticut 06095-0500
Dear Mr. Rickard:
By letter dated September 12, 1996, Arizona Public Service Company submitted the Combustion Engineering report, "Safety Analysis Report for Use of Advanced Zirconium Based Cladding Materials in PVNGS Unit 3 Lead Fuel Assemblies,"
(CEN-429-P, Revision 00-P) and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.
A non-proprietary version was submitted for placement in the public document room.
An affidavit dated July 31,
- 1996, from Combustion Engineering, the owner of the information, was included in the application.
Combustion Engineering 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 to develop equivalent data, quantification of material properties, test
- methods, models, and analytical results related to advanced Zirconium-based cladding materials.
9701100199 97010S PDR ADQCK 05000528 P
Hr. Ian C. Rickard january 8, 1997 d.
The information consists of data, material properties, test
- methods, models, and analytical results related to advanced Zirconium-based cladding materials, 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.
e.
In pricing Combustion Engineering's products and services, significant research, development, engineering, analytical, manufacturing licensing, 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, 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 Materials in PVNGS Unit 3 Lead Fuel Assemblies,"
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
v
Mr. Ian C. Rickard January 8,
1997 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'(50-528, 50-529, 50-530)
PUBLIC PDIV-2 Reading JRoe EAdensam WBateman EPeyton CThomas JClifford MPSiemien
- DKirsch, RIV WCFO Original Signed By James W. Clifford, Senior Project Manager Project Directorate IV-2 Division of Reactor Projects III/IV Office of Nuclear Reactor Regulation Document Name:
WITH.CE OFC PDIV-2 NAME
~ey n
RJones MPSiemi n
R B ~~/~~
OGC PDIV-2 JCl i ord DATE 12 9 96 12 96 12 2~96 ug It'/9 OFFICIAL RECORD COPY
Hr. Ian C. Rickard January 8,
1997 CC:
Hr. Steve Olea Arizona Corporation Comaission 1200 W. Washington Street Phoenix, Arizona 85007 Douglas Kent Porter Senior Counsel Southern California Edison Company Law Department, Generation Resources P.O.
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 Hr. Aubrey V. Godwin, Director Arizona Radiation Regulatory Agency 4814 South 40 Street Phoenix, Arizona 85040 Hs. Angela K. Krainik, Manager Nuclear Licensing Arizona Public Service Company P.O.
Box 52034 Phoenix, Arizona 85072-2034 Hr. John C. Korne, Vice President Power Supply Palo Verde Services 2025 N. Third Street, Suite 220 Phoenix, Arizona 85004 Hr. David Summers Public Service Company of New Hexico 414 Silver SW, f0604 Albuquerque, New Hexico 87102 Hr. Bob Bledsoe Southern California Edison Company 14300 Hesa
- Road, Drop D41-SONGS San Clemente, California 92672 Hr. Robert Henry Salt River Project 6504 East Thomas Road Scottsdale, Arizona 85251 Hr. James H. Levine Executive Vice President, Nuclear Arizona Public Service Company Post Office Box 53999
- Phoenix, Arizona 85072-3999 Hr. Robert Burt Los Angeles Department of Water 8 Power Southern California Public Power Authority lll North Hope Street, Room. 1255-B Los Angeles, California 90051