ML17334A400
| ML17334A400 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 06/11/1982 |
| From: | Hunter R INDIANA MICHIGAN POWER CO. (FORMERLY INDIANA & MICHIG |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| References | |
| AEP:NRC:0637A, AEP:NRC:0637C, AEP:NRC:637A, AEP:NRC:637C, NUDOCS 8206160312 | |
| Download: ML17334A400 (7) | |
Text
ACCESSION NSR F ACIL:50-315 50".316 AUTHNAPE HUNTERER ~ SR RE'C IP ~ NAf'<,E DENTONEH ~ RE REGULATORY: f'ORMATION DISTRIBUTION SY Ttf (RIDS)
- 820616031?
OOC ~ DATE: 82/06/11 NOTARI ZED:
YES Oo>aid C.
Cook Nuclear Power P>ant~
Unit 1> Indiana ff DoFTa>d CD Cock Nuclear Power PlantP lfnit 2< Indiana AUTHOR <FF ILI ATION Indiana 8 Michigan Electric Co ~
f(ECIPIENT AFFILIATION Office of Nuclear Reactor Requlationi Director DOCKET ¹ 05000315 05000316 St BJECT:
For wards af fidavit in suppor t of withholding proprietary info containea in Attachment,5 to 820407 application for upratina ft Cycle 4 reload re spent fuel.storage array cr iticality safety analyses.
DISTRIBUTION CODE:
ADO IS COPIES RECEIVED:LTR ENCL I ST ZF.:
TITLE: General Distribution for af ter Issuance of Operating License NOTES:
RECIPIENT ID CODE/NAME ORB ¹1 BC 01 INTER',AL: ELO/HOS3 NRR/OL DIR NRR/OSI/RAB RGTV3 COPIES LTTR ENCL 7
7 1
0 1
1 1
1 RECIPIENT IO CODE/NAKE NRR/DHFS DEPY08
/
ORAB RFG F ILE 04 COPIES LTTR ENCL 1
1 1
0 1
1 EXTERNAL:
'RC POfk NTIS 09 02 10 10 1
1 1
1 LPDR
')SIC 03'5 2
2 1
TOTAL NU'RBEH OF COP IES r<EUUlRE,O:
LTTR 29 ENCL 27
INDIANA L MICHIGAN ELECTRIC COMPANY P. O.
BOX 18 BO WLIN G G R E EN ST ATION NEW YORK, N. Y. 10004 June 11, 1982 AEP:NRC:0637C Donald C. Cook Plant Nuclear Unit Nos.
1 and 2
Docket Nos. 50-315 and 50-316 License Nos.
DPR-58 and DPR-74 AFFIDAVIT FOR ATTACHMENT NO.
5 TO AEP:NRC:0637A Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D. C. 20555
Dear Mr. Denton:
Attached to this letter is an Affidavit in support of the withholding from public, disclosure of the proprietary information contained in Attachment No.
5 to AEP:NRC:0'637A dated April 7, 1982.
Our letter No. AEP:NRC:0637A constituted an application for the uprating,and Cycle 4 reload of the Donald C. Cook Nuclear Plant, Unit No. 2.
Attachment No.
5 to that letter was a summary of the new and spent fuel storage array criticality safety analyses performed by Exxon Nuclear Company (ENC).
Our letter requested that Attachment No.
5 to AEP:NRC:0637A be withheld from public disclosure as it was proprietary to ENC.
This letter reiterates that request and provides you with a copy an affidavit sworn to on April 22, l982 by James N. Morgan of ENC.
This document has been prepared following Corporate Procedures which incorporate a reasonable set of controls to insure its accuracy and completeness prior to signature by the undersigned.
Very truly yours, RSH/os cc1(attached)
R. S. Hunter Vice President
Mr. Harold R. Denton AEP:NRC:0637C cc:
John E. Dolan - Columbus R. W. Jurgensen W. G. Smith, Jr. - Bridgman R. C. Callen G. Charnoff Joe Williams, Jr.
NRC Resident Inspector at Cook Plant Bridgman
ATTACHMENT TO AEP:NRC:0637C Affidavit for Attachment No.
5 to AEP:NRC:0637A
AFF I DAVIT STATE OF Mashington
)
COUNTY OF Benton
)
sso I, James N. Morgan, being duly sworn, hereby say and depose:
1.
I a'm
- Manager, Licensing and Safety Engineering, for Exxon Nuclear
- Company, Inc.
("ENC"), and as such I am authorized to execute this Affidavit.
2.
I am familiar with ENC's detailed document control system and policies which govern the protection and control of information.
3.
I am fami liar with Attachment 5 to the letter, "Application for Cycle 4 Reload and Uprate License Amendment,"
R.. F.
Hering (Indiana E
Michigan Electric Company) to Harold R. Denton (USNRC), dated April 7, 1982, referred to as "Document."
Information contained in this Document has been classified by ENC as proprietary in accordance with the control system and policies established by ENC for the control and protection of information.
4.
The Document contains information of a proprietary and con-fidential nature and is of the type customarily held in confidence by 'ENC and not made available to the public.
Based on my experience; I
am aware that other companies regard information of the kind contained in the Document as being proprietary and confidentia.l.
5.
Tne Document has been made available to the United States Nuclear Regulatory Commission in confidence, with the request that the information contained in the Document not be disclosed or divulged.
- ?
6.
The Document contains information which is vital to a com-petitive advantage of.EHC and would be helpful to competitors of ENC when competing with ENC.
7.
The information contained in the Document is considered to be proprietary by ENC because it reveals certain distinguishing aspects of ENC fuel design and criticality analysis methodology which secure competitive economic advantage to ENC for fuel design optimization and improved market-
- ability, and includes information utilized by ENC in its business which affords ENC an opportunity to obtain a competitive advantage over its com-.
petitors who do not or may not know or use the information contained in the Document.
8.
The disclosure of the proprietary information contained in the I
Document to a competitor would permit the competitor to reduce its expenditure of money and manpower and.to improve its competitive position by giving it extremely valuable insights into EHC's fuel design features and criticality analysis methodology, and would result in substantial harm to the competitive position of EHC.
9.
The Document contains proprietary information which is held in confidence by ENC and is not avail ble in public sources.
10.
In accordance with EHC's policies governing the pro'ec.ion and control of information, proprietary information contained in the Document has been made available, on a limited basis, to others outside ENC only as required and under suitable agreement providing for non-disclosure and limited use of the information.
i1.
EHC policy requires that proprietary information be kep in a secured file or -"ea and distributed on a ne d-to-know basis.
12.
This Document provides information which reveals ENC fgel design features and criticality analysis methodology developed by ENC over the pa'st several years.
ENC has invested hundreds of thousands of dollars and many man-years of effort in the related fuel designs and criticality analysis methods revealed in the Document.
Assuming a competitor had available the same background data and incentives as ENC, 'the competitor
- might, at a
minimum, develop the information for the same expenditure of manpower and money as ENC.
13.
Based on my experience in the industry, I do not believe that the background data and incentives of ENC's competitors are sufficiently similar to the corresponding background data and incentives of ENC to reasonably expect such competitors would be in a position to duplicate ENC's proprietary information contained in the Documents.
THAT the statements made hereinabove
- are, to the best of my knowledge, information, and belief, truthful and complete.
FURTHER AFFIANT SAYETH NOT.
SHORN TO AND SUBSCRIBED
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