ML18012A605
| ML18012A605 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 04/01/1997 |
| From: | Le N NRC (Affiliation Not Assigned) |
| To: | Rickard I ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY |
| References | |
| NUDOCS 9704080268 | |
| Download: ML18012A605 (4) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2055&4001 April 1, 1997 Hr. I. C. Rickard, Director Operations Licensing Combustion Engineering, Inc.,
Post Office Box 500 Windsor, Connecticut, 06095-0500
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE SHEARON HARRIS NUCLEAR POWER PLANT, UNIT 1
Dear Hr. Rickard:
By your application dated January 3,
1997, you submitted report CEN-630-P, Rev Ol, "Repair of 3/4" O.D. Steam Generator Tube Using Leak tight Sleeves,"
November
- 1996, and an affidavit dated January 3,
1997, in conjuction with the application of Carolina Power
& Light Company dated February 27,
- 1997, pursuant to 10 CFR 2.790 and requested that the report be withheld from public disclosure pursuant to 10 CFR 2.790.
You stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
1.
The information consists of test data or other similar data concerning a process, method or component, the application of which results in substantial competitive advantage to Combustion Engineering.
2.
3.
The information is of a type customarily held in confidence by Combustion Engineering and not customarily disclosed to the public.
Combustion Engineering has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence.
The details of the aforementioned system were provided to the Nuclear Regulatory Commission via letter DP-537 from F.
M. Stern to Frank Schroeder
'dated December 2,
1974.
This system was applied in determining that the subject document herein is proprietary.
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.
OBO03S 97040802b8 970401 PDR ADCICK 05000400 P
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Hr. I. C. Rickard b.
Development of this information by Combustion Engineering, required tens 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 the design, development, and installation process for a welded sleeve for repairing 3/4 inch O.D.
steam generator tubes.
d.
The information consists of the design, development, and installation process for a welded sleeve for repairing 3/4, inch O.D. steam generator
- tubes, 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.
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.
e.
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 obta>n>ng or ma>nta>n>ng fore>gn 1>censees We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information.
Therefore, the version of the submitted information 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.
Hr. I. C. Rickard 'e gr 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 also should 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 includes your information.
In all review situations, if the NRC makes a
determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely,-
(Original Signed By)
Docket No. 50-400 cc:
See next page DISTRIBUTION
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PUBLIC PDII-1 RF SVarga JZwolinski OGC ACRS
- JJohnson, RII FILENAHE G:
HARRIS HAR98097.PL Ngoc B. Le, Project Hanager Project Directorate II-1 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation
- See previous concurrence OFFICE PH: PDI I-1 NAME TLe DATE
'9 5l 97 COPY Ye No LA:PDI I-1 Dnnnin ~
33 97 Yes/No AD: PD
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HPSi emi en 3 31 97
Mr.
W.
R. Robinson Carolina Power
& Light Company CC:
Mr. William D. Johnson Vice President and Senior Counsel Carolina Power
& Light Company Post Office Box 1551 Raleigh, North Carolina 27602 Resident Inspector/Harris NPS c/o U.S. Nuclear Regulatory Commission
,5421 Shearon Harris Road New Hill, North Carolina 27562-9998 Ms. Karen E.
Long Assistant Attorney General State of North Carolina Post Office Box 629
- Raleigh, North Carolina 27602 Public Service Commission State of South Carolina
'Post Office Drawer 11649
- Columbia, South Carolina 29211 Regional Administrator, Region II U.S. Nuclear Regulatory Commission 101 Marietta St.,
N.W. Suite 2900 Atlanta, Georgia 30323 Mr. Mel Fry, Acting Director Division of Radiation Protection N.C. Department of Environment, Health and Natural Resources 3825 Barrett Dr.
- Raleigh, North Carolina 27609-7721 Mr. T. D. Walt Director Operations
& Environmental Support Department Carolina Power
& Light Company 412 S. Wilmington Street
- Raleigh, North Carolina 27601 Mr. Bo Clark Plant General Manager Harris Plant Carolina Power
& Light Company Shearon Harris Nuclear Power Plant P.O.
Box 165 New Hill, North Carolina 27562-0165 Shearon Harris Nuclear Power Plant Unit 1
Mr. J.
W. Donahue Director of Site Operations Carolina Power
& Light Company Shearon Harris Nuclear Power Plant Post Office Box 165, MC: Zone 1
'ew Hill, North Carolina 27562-0165 Mr. Robert P. Gruber Executive Director Public Staff NCUC Post Office Box 29520
- Raleigh, North Carolina
'27626 Chairman of the North Carolina Utilities Commission Post Office Box 29510 Raleigh, North Carolina 27626-0510 Ms.
D. B. Alexander, Supervisor Licensing/Regulatory Programs Carolina Power
& Light Company Shearon Harris Nuclear Power Plant P. 0.
Box 165, Mail Zone 1
New Hill, Nor th Car ol ina 27562-0165 Mr. Stewart Adcock, Chairman Board of County Commissioners of Wake County P. 0.
Box 550
- Raleigh, North Carolina.
27602 Margaret Bryant Pollard, Chairman
,Board of County Commissioners of Chatham County P. 0.
Box 87 Pittsboro, North Carolina 27312 Mr. Milton Shymlock U.S. Nuclear Regulatory Comm.
101 Marietta Street, N.W.
Suite 2900 Atlanta, Georgia 30323-0199