ML18114A684
| ML18114A684 | |
| Person / Time | |
|---|---|
| Site: | Surry  |
| Issue date: | 05/30/1979 |
| From: | Stallings C VIRGINIA POWER (VIRGINIA ELECTRIC & POWER CO.) |
| To: | Stello V Office of Nuclear Reactor Regulation |
| References | |
| 434, NUDOCS 7906130224 | |
| Download: ML18114A684 (8) | |
Text
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VIRGINIA ELECTRIC AND PowER GoMPANY RICHMOND, VIRGINIA 23261 May 30, 1979 Mr. Victor Stello, Director Division of Operating Reactors Office of Nuclear Reactor Regulation U., s. Nuclear Regulatory Co.mmission Washington, DC 20555 Attention Mr. Edward Shomaker Seri a 1 No. 4 34 LQA/JEE:esh Docket Nose 50=280 50-281 License Nos. DPR-32 DPR-37 Operations and Administration Division
Dear Mr. Stello:
In response to your letter of April 2,. 1979, to Mr$ We L. Proffitt, we submit herewith (a) one copy of*verifitatiori of:NUPIPE..;.11 'for Analysis of Nuclear Piping Systenis'N5C, (b) two copies of Quadrex.;.NUPIPE'Response*spec-
. trum*Analysis'Meth6ds:and:Conipliter*Listing, (c) one copy of an affida~it of of Sherman Naymark, and (d) one copy of a letter from G., M. Leonard to
. Michael Maupin, Esquire, dated May 8, 1979.
Vepco hereby applies for withholding of item (b) * (Quadrex.;.NUPIPE
- Response* Spectrum* Ana 1 ys is* Methods* and Computer* Li sting) from pub 1 i c disc l_os-ure purusant to 10 CFR § 2.790{b) (1) on the ground that it contains trade secrets and privileged and confidential commercial information.
Item (c),
the affidavit of Sherman Naymark of Quadrex Corporation, the owner of the privileged information, is enclosed in support of this application.
Attachments:
As Indicated Vice and Very truly yours,
~>----
- c. M. Stallings ;?.t,J President-Power &'u-pply Production Operations
, l~UUHCl£AR S£RVll1t£S CORPORAllllO!rn e
1700 DELL AVENUE CAMPBELL, CALIFORNIA 95008 TELEPHONE (408) 446-2500 TWX 910-590-2438 Michael Maupin, Esquire Hunton & Williams Attorneys at Law 707 E.* Main Street Richmond, VA 23219
'May 8, 1979 GL-79-097
Subject:
VEPCO submittal of Computer Program Listings to the NRG.
Re:
(1)
Letter from Mr. Victor Stello (NRG) to Mr. W. L.
Proffitt (VEPCO) dated April 2, 1979.
(2) Te1econ between J. Christian and G. M. Leonard (NSC) on May 3, 1979.
Dear Mr. Maupin:
In accorctance with the request set forth in reference (1) and the agreement reached during the reference (2) conversation Nuclear Services Corporation submits herewith the following documents:
- 1.
Computer Program Listings for the relevant portions of the NUPIPE computer code requested by the NRG; and
- 2.
An affidavit signed by an author1zed representative of the company requesting that the NUPIPE listings be withheld from public disclosure by the NRG.
It is the desire of NSC tha~.any protective order resulting from the submission of such a request will limit the availability of the pro-
_gram listings to the NRG staff. Specifically, NSC is not willing to allow the listings to be available to any consultants of the NRG staff.
..~
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IITT1UCl£AR S£RVl!C&S CORPORATl!On Michael Maupin, Esquire Page 2 May 8, 1979
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[Q)~[ETI CORPORATION Each page of the listing is marked Proprietary and it is expected that it will be handled as such by your office.
If there are any questions or comments please feel free to contact the undersigned.
GML:bp Enclosures G. M. Leonard Manager of Contracts and Procurement
- ---=.=---- :-- -- -
e AFFIDAVIT STATE OF CALIFORNIA COUNTY OF SANTA CLARA ss Before me, the undersigned authority, personally appeared Sherman Naymark, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Quadrex Corpora ti on ('
1Quadrex") and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information and belief.
Sworn to and subscribe~efore
- ~{~
\\\\cAu this _u_ day of~ ; 1979.
Notary Public
(1)
I am President, in Nuclear Services Corporation, a Division, of Quadrex. Corporation and as_such, I have been specificaHy delegated the function of reviewing _the proprietary information sought to be withh~ld from public disclosure in connection with the seismic**
analysis of piping systems, and am authorized to apply for its with-holding on behalf of the ijuadrex Corporation.
(2) I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.790 of the Commission's regulations and _in con-junction with the Stone & Webster's application for withholdin_g accompanying this Affidavit.*
(3)
I have personal knowledge of the criteria and procedures utilized *
. by Quadrex, Nuclear Services Corporation in designating information*
as a trade secret, privileged or.as confidential commercial or financial information.
(4)
Pursuant to the provisions 6f paragraph (b) (4) of Section 2.790 of the Commission I s regulations, the following is furnished for consideration by the Commission in determining whether the in-*
formation sought to be withheld from public disclosure should be*
. withheld.
- (i) The information sought.to be withheld from public disclosure is owned and has been held in confidence by Quadrex.
(ii) The information is of a type customarily hefd in confidence by Quadrex and not customarily disclosed to the public.. Quadrex has a rational basis for determining the types.of information customarily held in confidence by it.*
On this basis, information.is held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potenti~l competitive
r I
~-'
advantage, as follows:
(a)
The information revealts the distinguishing aspects of a process (or component-, structure, tool 9 method, etc.)
where prevention of its use by any of Quadrex competi-tors without license from Quad~ex constitutes a competi-tive economic advantage over other companies.
(b) It consists of supporting data, in~luding test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability, (c) Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, programing, utilization, assurance of quality, delivery of associated services, or licensing a similar product, (d) It reveals cost or price information, production capa-cities, budget levels, or commercial strategies of Quadrex, its customers or suppliers.
There are sound policy reasons behind the Quadrex basis*
for such designs which include the following:.
(a)
The use of such information by Quadrex gives Quadrex a competitive advantage over. its competitors.
- It is, therefore, withheld from disclosure to protect the Quadrex competitive position.
(b) It is information which. is marketable. in many ways.*
The extent to which such information is available to competitors di mini shes the Quadrex ability to sell products and. services i~volving the use of the informat i. on.
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(c)
Use by our competitor would put Quadrex at a competitive disadvantage by reducing his expenditures of resources at our expense.
(d)
- Each component of proprietary information pertinent
- to a particular competitive advantage is potentially as valuable as the total competitive advantage. If
- .. competitors acquire components of proprietary. infor-mation, any one component may be the key to the entire puzzle, thereby depriving Quadrex of a competitive advantage.
(e) Unrestricted disclosure would jeopardize the position of prominence of Quadrex in the world market, and.*
thereby give a market advantage to the competition
. in those countrieso (f}
- The Quadrex capacity to invest corporate assets in research and development depends u~on the success**
in obtaining and maintaining a competitive advantage.
(iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section
- 2, 790, it,is to be received in confidence by the Commission.
(iv) The information is not available in public sources to
- the best of our knowledge and belief.
(v). The proprietary information sought to be withheld in this submittal is the dynamic response analysis portions of the computer program listing of the NUPIPE computer program used in the analysis of Surrey Units 1 & 2 *. This listing is submitted in accordance with Enclosure 3, Requirement 1,
.of the 'NRC letter from Victor Stello to Mr. W. L. Profitt of Virginia Electric and Pbw~r Companyj dated April 2, 1979~
This information enables Quadrex to:
{a). Justify the design basis for piping systems
{b) ** Assist its customers to obtain licenses Further, this infromation has substantial commercial value as follows:
{a) Quadrex sells the use of the information to its.
customers for purposes of meeting NRC requirements.
for licensing.documentation.
(b)
Quadrex uses the information to perform and*
.* justify analyses which are sold to customers.
(c) Quadrex. uses the information to sell piping analyses and related services to its customers.
Public disclosure of this information is likely to cause sub-
- stantial harm to the competitive position of Quadrex in selling piping analysis computer programs; This information is a product of Quadrex computer software and piping analysis expertise.
As such, it is broadly applicable to the analysis and ljcensing of piping systems in light water reactors~ The development of this information is the result of many years of Quad~ex effort and the expenditure of a considerable sum of money.
- While the analysis for this specific application was not unique, in order for competitors of Qtiadrex to duplicate this information would require the *1nvestment of substantially
- the same amount of effort and expertise that Quadrex possesses and which was acquired over a period of more than five years and by considerable investment of resources.
Over the years, this has included the development of heat ttansfer codes, nuclear analysis codes, transient analysis codes, and an experimental data base to s~pport them.
Further, the deponent sayeth not.