ML19261B099
| ML19261B099 | |
| Person / Time | |
|---|---|
| Site: | McGuire, Mcguire  |
| Issue date: | 01/17/1979 |
| From: | Baer R Office of Nuclear Reactor Regulation |
| To: | Scholles B JOY MANUFACTURING CO. |
| References | |
| NUDOCS 7902090383 | |
| Download: ML19261B099 (6) | |
Text
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/ EN S
UNITED STATES j
g NUCLEAR REGULATORY cOMMiss!ON g
. j WASHINGTON, D. C. 20555 s 8LV}S/yE y
jn; 17 W Docket Nos. 50-369 and 50-370 Mr. B. W. Scholles Product Manager, fluclear Fans J0Y Manufacturing Company 338 South Broadway
". O. Box 431 flew Philadelphia, Ohio 44663
Dear Mr. Scholles:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATI0h FROM PUBLIC DISCLOSURE By letter dated September 22, 1978, Duke Power Company transmitted three documents regarding tests conducted by J0Y Manufacturing Company concerning balance of plant Class IE equipment qualification and your letter of Affi-davit to Duke Power Company dated August 10, 1978.
The documents trans-mitted are as follows:
" Test Procedure for Qualification of J0Y Manufacturing Company Axial Fan / Motor Units for Class I Service In Nuclear Power Stations of Both the BWR & PWR Types,"
FF-14282
" Qualification Test of a Fan and Motor Designed for Service in huclear Containment," TA-4081
" Qualification Testing of J0Y Axivane Fan and Reliance Electric Motor for Class I Service for Nuclear Containment Per IEEE 334-1974," X-604 Both the letter from Duke Power Company and your affidavit requested that the documents be withheld from public disclosure pursuant to 10 CFR 2.790. Non-proprietary versions of the documents were submitted on November 20, 1978 for placement in the Public Document Room.
Section 2.790 (b)(1)(ii) of 10 CFR Part 2 of the Commission's regulations requires that each supporting affidavit contain a full statement of the reasons on the basis of which it is claimed that the information should be withheld from public disclosure.
The section further requires the state-
- ment to " address with specificity" the considerations listed in Section 2.790 (b)(4).
0D
Mr. B. W. Scholles,,,
We have reviewed your affidavit in light of the aforementioned paragraphs of the regulations. We have determined that your affidavit is not in con-formity with Section 2.790 (b) of the Commission's regulations inasmuch as it is conclusory in nature and it fails to address the considerations of paragraph (b)(4) with sufficient specificity to enable us to make the required determination under Section 2.790 (b). Consequently, we are un-able to conclude at this time that the information referenced in the affi-davit is proprietary.
Accordingly, consideration should be given to supplementing the present record with additional factual information.
If such action is taken it is suggested that you furnish specific f actual information for your appli-cation. Enclosed is a sample affidavit that you may find useful in re-vising your affidavit.
In accordance with Section 2.790 (c) the information sought to be withheld will be placed in the Commission's Public Document Room 30 days after the date of this letter unless you seek either to withdraw the information re-quested to be withheld or provide the Nuclear Regulatory Commission with an amended affidavit maeting the requirements of Section 2.790 (b).
Sincerely,
/, Mt I
W Robert L. Baer, Chief Light Water Reactors Branch No. 2 Division of Project Management
Enclosure:
Sample Affidavit cc w/ enclosure:
Mr. W. O. Parker, Jr.
Vice President, steam Producticn Duke Power Compa y P. O. Box 2178 422 South Church Street Charlotte, North Carolina 28242 s
N --
PROPRIEIARY IliFCiU% TIC!i AFFIDAVIT PURSUf.';T TO 10 CFR 2.790 li$
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ss.:
I, cepose and say that I am the Manager, Licensing, of
, duly authorized to make this affidavit, and have reviewed or caused to have revieaed 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 dated i, for withholding this information.
The information for which proprietary treatment it sought is contained in the following documents:
These documents have been appropriately designated as proprietary.
I have personal knowledge of the criteria ar.d procedures utilized by in designating inforTnation as a trade se'cret, privileged or as confidential cer:rercial or financial information.
Pursuant. to the prc isions of paragraph (b) (4) of Section 2.790 of the Ccemi:ision's regulat'ons, the following is furnished for censideration
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by the Conmission in determining whether the information sought to be withheld from public disclosure should be withheld.
1.
The information sought to be withheid frcm public discicsure is an analysis of
., which is cuned and has been held in confidence by 2.
The information consists of test data or other sinilar data concerning a process, method or ccmoonent, the application of which resuits in a substantial cenpetitive advantage to 3.
The infcrmation is of a type customarily held in confidence by
'and not custcmarily disclosed to the public.
has a rational basis for determining the types of information custcmarily held in confidence by it and, in that concection, 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 fluclear Regulatory Commission via. letter frcm to dated This system was applied in determining that the subject documents herein are proprietary.
4.
The information is being transmitted to the Commission in confidence
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and, under the provisions of'10 CFR 2.790, it is to be received in confidence by the Commission.
5.
The information, to the best of my kncwledge 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 )f the information in confidence.
6.
Public disclosure of the information is likely to cause substantial harm to the c::c: peti'tive :osition of because:
A similar product is ranufactured and scid by majcr pressuri&'
a.
water reactors cc.Tceti tors of b.
Develcpment of 'this information by recuired thcusands of man-hours of effort and hundreds of thousands of dollars.
To the best of my knowledge and belief a competitor uould have to undergo similar expense in generating equivalent information.
In orde'r to acquire such information, a cenretitor '..culd c.
also require considerable time and inconvenience related to cbtaining 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.
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Avoidance of this expense would decrease a ccmpetitor's cost in applying
.the information and marketing the product to which the information is applicable.
The information consists of supporting data for analyses, e.
including test data relative to a process, method or apparatus, the applicati.
of which provides a competitive economic advantage.
The availabilit;.' of
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such information to ccmpetitors would enable them to modify their product to better compete with
, take marketing or other actions to improve their product's position or impair the positicn of
. product, and avoid developing similar data and analyses in support of their processes, methods or apparatus.,
f.
In pricing products and services, significant res? arch, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included.
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The ability of competitors to utilize such inferr a ti' without similar expanditure of resources may enable tbcri to sell a t ;wic7s reflecting significantly lower costs.
9 Use of the infor: ration by ccmpetitors in the international
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marketplace would increase thieir ability to rar'<et nuclear stean supply syrte reducing the costs asscciated with their technology develcpent.
In addi ticc, disclosere would hate an adverse economic impact en potential for obtaining or maintaining foreign licensees.
Further the deponent sayeth not.
\\. i.
Manager,' Licensing Sworn to before me this 28th day of January 1977
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Notary Pubi1c
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Commistics D:i:e2 thr:h 31.1973 s
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