ML19209C436

Forwards Control Element Assembly Guide Tube Insp Program. Proprietary Version Withheld (Ref 10CFR2.790)

ML19209C436
Person / Time
Site:	Calvert Cliffs
Issue date:	10/10/1979
From:	Olson R BALTIMORE GAS & ELECTRIC CO.
To:	Eid R Office of Nuclear Reactor Regulation
Shared Package
ML19209C437	List: ML19209C436 ML19209C458
References
CEN-116-(B), NUDOCS 7910150563
Download: ML19209C436 (5)

Text

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BALTIMORE GAS AND ELECTRIC CHARLES CENTER . P.O. BOX 1475 BALTIMORE. MARYLAND 21203 October 10, 1979 ELECTRIC ENGINEERING DEPARTMENT Office of Nuclear Reactor Regulation U. S.' Nuclear Regulatory Commission Washington, D. C. 20555 Attn: Mr. Robert W. Reid, Chief Operating Reactors Branch #h Division of Operating Reactors

Subject:

Calvert Cliffs Nuclear Power Plant Units Nos. 1 & 2, Dockets Nos. 50-317 & 50-318 CEA Guide Tube Inspection Preeram

Reference:

NRC letter de.ted 9/26/79 from R. W. Reid to A. E. Lundvall, Jr. same subject.

Gentlemen:

The referenced letter requested that we trovide additional information concerning the subject program. Enclosed are a proprietary copy and a non-proprietary copy of CEN-ll6(B), providing the requested information. Also enclosed is a signed affidavit executed by Combustion Engineering, Inc. in support of their request that the material contained in CEN-116(B)-P be withheld from public disclosure in accordance with the provisions of 10 CFR Part 2.790.

Very truly yo'rs, /

/ /

/ ,

R. C. L.~01 son Senior Engineer i

RCLO/s=n Enclosures (1) CEN-ll6(B)-P (Copies 1-h0)

(2) CEN-ll6(3)-NP (20 copies) l (3) Signed Affidavit (hO copies) cc: J. A. Biddison, Esquire G. F. Trowbridge, Esquire Mr. E. L. Conner, Jr. - NRC

• Mr. P. W. Kruse - CE (w/o encl) \ h. I Np p

s e s

291o13o 56 3 1145 381 -

AFFIDAVIT PURSUANT TO 10 CFR 2.190' Combustion Engineering, Inc. )

State of Connecticut )

Coenty of Hartford ) SS.:

I, A. E. Scherer depose and say that I am the Manager, Licensing of Combustion Engineering, Inc., duly authorized to make this affidavit, and have reviewed or caused to have reviewed the information which is identified as proprietary and referenced in the paragraph immediately below. I am submitting this affidavit in conformance with the provisions of 10 CFR 2.790 of the Commission's regulations and in conjunction with the application of the Baltimore Gas and Electric Company for withholding this information.

The information for which proprietary treatment is sought is contained in the following document:

CEN-ll6(B)-P, Response to Request for Additional Infonscion, CEA Guide Tube Inspection Program, Calvert. Cliffs Unit No. 2, Docket No. 50-318. .

This document has been appropriately designated as proprietary.

I have personal knowledge of the criteria and procedures utilized by Combustion Engineering in designating information as a trade secret, privileged or as confidential commercial or financial information.

Pursuant to the provisions of paragraph (b) (4) of Section 2.790 of the Commission's regulations, the following is furnished for consideration

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by the Commission in determining whether the information sought to be withheld from public disclosure, included in the above referenced document, should be withheld.

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1. The information sought to be withheld from public disclosure is that related to establishing crimp criteria for CEA guide tube sleeves and test and inspection measures to determine sleeve performance which is owned and has been held in confidence by Combustion Engineering.

2. The information consists of test data or other similar data concerning a process, method or component, the application of which results in a substantial competitive advantage to Combustion Engineering.

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 infonnation customari?v 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 Comission via letter DP-537 from F.M. Stern ,to Frank Schroeder dated December 2, 1974. This system was applied in determining that the subject docu, rents-herein are proprietary.

4. The,information is being transmitted to the Commission in confidence under the provisions of 10 CFR 2.790 with the understanding that it is to be received in confider. e by the Commission. .

5. The information, to the best of my knowledge and belief, is not available in public sources, and any disclosure to third partic; has been made pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.

6. Public disclosure of the information is likely to cause substantial harm to the competitive position of Combustion Engineering because:

114S 383

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a. A similar product is manufactured and sold by major pressurized water reactors competitors of Combustion Engineering.

b. Development of this information by C-E required thousands of manhours of effort and hundreds of thousands of dollars. To the best of my knowledge and belief 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 related to analytical programs, obtaining access to test reactor facilities, and conducting extensive in-pile testing.

d. The information required significant effort and expense to obtain the licensing approvals necessary for application of the information.

Avoidance of this expense would decrease a competitor's cost .n applying the information and marketing the product to which the information is applicable.

e. The information consists of specific information related to establishing crimp criteria for guide tube sleeves and specific testing -and inspection details, 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 ;ombustion Engineerirq, take marketing or other actions to improve their produit's position or impair the ;osition of Combustion Engineering's product, and avoid developing similar data and analyses in s4 9ert of their processes, methods or apparatus,

f. In pricing Combustion Engineering's products and services, significant research, development, engineering, analytical, manufacturing, 1145 084 s

I 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.

g. 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.

Further the deponent sayeth not.

. Lvw~

A.' ET erer Manager, Licensing Sworn to before me -

this dayofM V W46 Notary #ublic

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ETHELYN H. COLFINS, fiOTARY PL'BUC Stata cf Connecticut No. 32976 Commission Expres March 31,1933 1145 JBr3