ML19210C107
| ML19210C107 | |
| Person / Time | |
|---|---|
| Site: | Calvert Cliffs  |
| Issue date: | 11/12/1979 |
| From: | Olson R L BALTIMORE GAS & ELECTRIC CO. |
| To: | Reid R Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19210C109 | List: |
| References | |
| NUDOCS 7911130270 | |
| Download: ML19210C107 (5) | |
Text
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BALTIMORE GAS AND ELECTRIC CHARLES CENTER. P.O. BOX 1475 BALTIMORE. MARYLAND 21203 ELECTRIC ENGINEERING November 12, 1979 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 Unit No. 2, Docket No. 50-318 CEA Guide Tube Inspection Program
Reference:
BG&E letter dated 10/10/79 frcm R. C. L. Olsen to R. W. Reid, same subject Gentlemen:
The referenced letter submitted information concerning the subject program and committed to submit the results of the CEA Inspection Program when complete.
Enclosed are proprietary (P) and non-proprietary (HP) copies of CEN-118(B), which provides the promised information. Also enclosed is a signed affidavit executed by Combustion Engineering, Inc. in support of their request that the material contained in CEN-118(B)-P be withheld frem public disclosure in accordance with the proprietary material pro-visions of 10CFR Part 2.790.
Ve truly.ours, R. C. L. Olson Senior Engineer Electric Engineering Department RCLO/mlk
Enclosures:
(1) CEU-118(B)-P (Copicsh h3)
(2) CEN-118(B)-IlP (20 copies)
(3) Signed Affidavit (h0 copies) cc:
J. A. Biddison, Esquire G. P. Trowbridge, Esquire Mr. E. L. Conner, Jr. - NRC Mr. P. W. Kruse - CE (w/o encl) 1320 081 u n iso &N
AFFIDAVIT PURSUANT TO 10 CFR 2:790 Combustion Engineering, Inc.
)
State of Connecticut
)
County 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 tiiis affidavit in conformance with the provisions of 10 CFR 2.790 of the Commission's regulations and in conjunction with the application of Baltimore Gas and Electric Company, for withholding this information.
The information for which proprietary treatment is sought is contained in the following document:
"Resul's of the CEA Guide Tube Inspection Program, Calvert Cliffs t
Unit 2", Docket No. 50-318, CEN ll8(B)-P.
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 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 results and analyses of CEA and CEA Guide Tube inspections, 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 Comb'ustion Engineering.
3.
The information is of a type customarily held in confidence by Combustion Engineering and not customarily disclosed to the public.
Combustion Enginee ing 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.ertain 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 documents 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 confidence 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 parties 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:
a.
A similar product is manufactured and sold by major pressurized water reactors competitors of Combustion Engineering.
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. b.
Development of this information by C-E required thousands of man-hours of effort and hundreds of thousands of dollars.
To the best of my knowledge and be'ief a competitor would have to undergo similar expense in generating equivalent information.
c.
In order to acquire such information., a competitor would also require considerabl5 time and inconvenience related to 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 et /:nse would decrease a competitor's cost in applying the information and marketing the product to which the information is applicable.
e.
The information consists of supporting data for analyses, including test data relative to a process, method or apparatus, 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.
.f.
In piicing Combustion Engineering's products and services, sign ^ficant research, develo pent, engineerii.g, analytical, manufacturing, licenaing, quality assurance and other costs and expenses mun be included.
The a'aility of Combustion Engineering's competitors to utilize such inL.mation-without similar expenditure of resources may enable them.to sell at prices reflecting significantly lower costs.
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4 g.
Use of the information by competitors in the international marketplace would increase their ability to Inarket 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.
A. E.
1er r Mar %ger, Licensing Sworn to before me this ninth day of fovember 1979
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'flotary Public ~'*
LISA G. WA!CUNAS, TJOTARY PUBUC State cf Connecticut No. 54492 Commission Empires Wrch " '983 1320 085