ML19240B959

Affidavit for Withholding CEN-154(B)-P (Ref 10CFR2.790)

ML19240B959
Person / Time
Site:	Calvert Cliffs
Issue date:	03/25/1981
From:	Scherer A ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY
To:
Shared Package
ML19240B958	List: ML19240B957 ML19240B959 ML19240B960
References
NUDOCS 8104170380
Download: ML19240B959 (4)

Text

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AFFIDi'VIT PURSUANT G TO 10 CFR 2.790 Comb"stion Engineering, Inc. )

State. of Connecticut )

County of Hartford ) SS.:

I, A. E. Scherer depose and sey that I am the Director, Nuclez.r Licensing of Combustion Encineering, Inc. , dul., v;thorized to make this af7. davit, arvi havt: rev-: .wed or cau::ed to hue r e'i= 2wed the informa tion wnich is iceMifi >C .s ar:p-ietbry and refers 1:ed in the paragraph irtned '

be hw. 1 am submitting this af#iday-t in confan an;e wi*.h the scovisic.is of iO CFR 2.790 of the Comis:icn's regulations and ir, conjunction with the applicatian of Baltimore Gas anc .Lctric Concany, for withholding th1.

information.

The infcrmation for which proprietary trcatment is sought is ccntained in the follcwing document:

CEN-154(B)-P,1981 Calvert Cliffs II Refuelin; Outage. End # Cycle 3 Edoy Current Irispection Resslts en Control Eleni. ;t Assentlies (7.i;'s).

This document nas been approp-iately desig a ed as pruprietary.

1 1;tve p?reonal knowledge of the criteria and procedures utilized by Combusticn Engineering in designating inrarmation is a trade secret, privileged or as confidential commercial or financial infc: "ation.

Pursuant to the previsions of paragrapr (b) (4) of S e tic., 2.790 of the Comission's rt alations, the following is furnished for consideration by the Corri;iss1?n in determining whether 11.0 informatico cancht to be witnheld from public cisclosure, included in the absve referencec document, should be withneid.

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- 'l. The information sought to be withnelJ from public disclosure are the. eddy currert inspa ?. ion techniques, the cata and interpretations of that data from Calvert Cliffs II end of cycle 3 inspection, which is owned and has been held in confidence by Combustion Engineering.

2. The infor-nai 'on consists of test data or other similar data concerning a process, me+ hod or com;cnent, the application of wnich resul ts in a substantial comnatitive advantage to Combustion Engineering.

infor.,3 tion is of a type customarily held in confidence by

" a >tica Engineering anc not customarily disclosne to ,e public.

Comb.stian Engineerirq h35 c rational basis #cr detennining the typas ci informatica customarily held in confidence by it and, 's thet car.nec: ion utilizes a system tc deter 5ne when and whetner to hold certain types of information in confidence. The detail: of the aferementioned system were provided to the Nuc'aar Regulatory Commission via letter DP-537 from F.M. Stern to Frank Schroeder dated December 2, 1974 This system was applied in deternining that the subject documents herein are proprietary.

4. Thc information is being transmitted to the Ccamission in confidence under the provisions of 10 CFR 2.790 with the understanding that it is to be received in confidence by the Ccamission.

5. The information, to the best of my knowledce and belief, is not available in public sources, and any disciosure to third parties has been made pursuant to regulatney provisions or p-oprietary agreements which provide for maintenance of the information in confidence.

6. Public disclosure of the information is likely to cause subst3ntiu.

harm to the competitive position of Combustion Engineering because:

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

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b. Development of this information by C-E required hundreds of man-hours of effort and tens of thousands of dollars. To the best of my knowledge and belief a competitor would have to undergo similar expense in gersrating equivalent information.

c. In order to acquire such information, a competitor would also require considerable time and inconvenience related to data accumulaticn

a. . development of eddy cucrent inspection techniques and data interpretation.

d. The informat it ' required sigc.ificant effor: and expen;e to cbtain ti.e licensing apprcvals necessary for application of the i formation.

n Avoidance of this expens could decrease a competitor's cost in applying the information and marketing tne proJuct to which the information is applicable.

e. The ir. formation ccnsists of eddy curre . inspection tecnnicues, results of the end of cycle 3 inspection at Calvert Cliffs and the interpretation of the data obtained, the application of which provices a competitive economic advantage. The P"ailacility 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 thrir product's position or impair the position of Combustion Engineering's product, and avoid developing similar data and analyses in support of their processes, methode, or apparatus.

f. In pricing Conbustion 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 Enginrering's competitors to ut;lize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.

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. Use of the inTormation by comoetitors in the international marketplace would increase '.neir ability to market nuclear steam supply systens by reduciro the costs associated with their technology development.

In additic 1, disclosure would have an adverse economic impact on Combustion Engineering's potential for obtaining or maintaining foreign licensees.

Further the caponent sayeth not.

nr V'

A. .t. dcherer Director Nuclear Licensing Sworn to before me

.c this d['. day of II.In v_.S . /15 /

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