ML19270G905
| ML19270G905 | |
| Person / Time | |
|---|---|
| Site: | Brunswick  |
| Issue date: | 05/04/1979 |
| From: | Utley E CAROLINA POWER & LIGHT CO. |
| To: | James O'Reilly NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| References | |
| GD-79-1192, NG-3514(B), NUDOCS 7906210096 | |
| Download: ML19270G905 (8) | |
Text
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Carolina Powed QM'Chrpp'any May 4, 1979I l9 Wl8 A S: 28 i
FILE: NC-3514 (B)
SERIAL NO: CD-79-1192 l/
Mr. J. P. O'Reilly United States Nuclear Regulatory Cot =tission Region II 101 Marietta Street, Suite 3100 Atlanta, Georgia 30303 BRUNSWICK STEAM ELECTRIC PLANT, UNIT NOS. 1 AND 2 DOCKET NOS. 50-325 AND 50-324 LICENSE NOS. DPR-71 AND DPR-62 RESPONSE TO IE BULLETIN 79-07 REQUEST FOR CLASSIFICATION OF 10CFR2.790 INFORMATION_
Dear Mr. O'Reilly:
Our letter of April 24, 1979, provided responses to IE Bulletin 79-07.
Attachment No. 1 to my April 24 letter provided the computer listings for the One copy of Attachment No. 1 was hand delivered ADLPIPE program used by UE&C.
to you and another copy to the Director, NRC Office of Inspection and Enforcement, Division of Reactor Operations Inspection.
Subsequent to our delivery of this caterial, we were informed by A. D. Little, Inc., through UE&C, that the computer listings are proprietary The attached affidavits executed by Mr. Richard T.
information to A. D. Little.
Murphy, Jr. and Mr. Harry G. Kreider of A. D. Little and UE&C, respectively, con-tain the information required by 10CFR2.790 to request that the computer listings designated as Attachment 1 of my April 24, 1979, letter be determined to be with-held from public disclosure.
If you have any questions concerning this matter, please contact our staff.
Yours very truly, E. E. Utley Senior Vice President Power Supply 2240 271 o'8/='
NRC Office of Inspection & Enforcement cc:
Director, Division of Reactor Operations Inspection 790621007f s Mr. T. A. Ippolito Office of Nuclear Reactor Regulation United States Nuclear Regulatory Commission r -
m 411 Fayettevdle Street e P O Bos 1551 e Rateigh. N C 27602 n~~--n
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Geow. copy
COMM0!NEA1.TH OF MASSACl!USETTS )
as:
COU!TrY OF MIDDLESEX
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Before me, the undersigned authority, personally appeared Richard T. Murphy, Jr., who, by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Arthur D. Little, Inc., and that the averments of facts set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief.
Sworn to before me thi's 20th day of April,1979.
U2 W
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Notary Public
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MARTH A C0110N, Notary Public My Commis: ion bpires May.29,1981 2240 27?
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k li Arttur D bitleirc s
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AFF1 DAVIT I am the Vice President and General Counsel of Arthur D. Little, Inc.,
1.
("ADL") and am responsible for reviewing proprietary information sought to be withheld from public disclosure, and am authorized to apply for its withholding on behalf of ADL.
This Affidavit is submitted under the provisions of 10 C.F.R. 2.
Section 2.790 and in conjunction with the application by the licensee to IE 79-07.
required to report pursuant I have personal knowledge of the criteria and procedures used by 3.
ADL to designate information as a trade secret or privileged or confidential commercial or financial information.
Pursuant to 10 C.F.R. Section 2.790(b)(4), the following is furnished 4.
for consideration by the Commission in determining whether the infor-mation sought to be withheld from public disclosure should be withheld:
The information sought to be withheld is owned by ADL and a.
consists of source program listings in whole or in part of a It has been released to several computer program named ADLPIPE.
clients through licensing agreements, all of which impose confidentiality requirements on the licensee and prohibit its use other than as authorized, but otherwise has been held in confidence by ADL.
The information sought to be withheld is of a type customarily b.
held in confidence by ADL. Among these types of information are 2240 273 Arthur D Ltticinc
I computer program source listingsj hich are made available to clients I
under the previously mentioned licensing agreements and computer programsourcelistingswhichm[ustbeprotectedfromunauthorized i-\\
alterations.
There is a rational basis for ADL's holding this information in c.
confidence:
(i)
The use of such information gives ADL an advantage over its competitors. Withholding such information from disclosure protects ADL's competitive position.
(ii) The information is marketable to licensees. Withholding the information f rom disclosure protects ADL's ability to sell the information to licensees.
d.
The information has been submitted to the Corr. mission in confidence, and under 10 C.F.R. Section 2.790, it is to be received in confidence by the Commission.
The information sought to be withheld is not available in public e.
sources, but is only available to licensees through licensing agreements.
f.
The disclosure of the information sought to be withheld is likely to cause substantial harm to the competitive position of ADL, based on:
(i) The value of the inforcation to ADL.
2240 274 A.
The use of the information gives ADL advantages Arthur DinileInc
over its competitors.
It reduces costs by increasing the productivity of ADL's engineers and other personnel.
Public disclosure of this information would enable competitors to exploit advantages now possessed exclusively by ADL and its licensees.
B.
Between 1968 and 1979, ADL released this information to a number of licensees pursuant to licensing agreements. The public disclosure of this information would jeopardize ADL's ability to preserve existing, and procure future, licensing agreements.
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(ii) The amount of effort and money expended by ADL in developing this information. This information has been developed over a period of twelve years at a cost of several hundreds of thousands of dollars.
(iii) The difficulty entailed by others in duplicating the in fo rma t ion. A competitor of ADL would have to expend resources comparable to those expended by ADL to duplicate the information sought to be withheld.
It is therefore respectfully requested that the aforementioned information be withheld f rom public disclosure.
~
A r
Richard T. 5:rphy, Jr.
Vice President and General Counsel 2240 275 ArthurDUttleinc
AFFIDAVIT 1.
I, Harry G. Kreider, am the Project Manager of United Engineers &
Constructors Inc. ("UE&C") for Brunswick Steam Electric Pinnt Units 1 and 2 owned and operated by Carolina Power and Light Company and am authorized to apply for the withholding from public disclosure of proprietary information.
2.
This Affidavit is submitted under the provisions of 10 C.F.R. Section 2.790.
3.
Pursuant to 10 C.F.R. Sec tion 2.790 (b) (4), the following is furnished for consideration by the Commission in determining whether the infor-ma tion sought to be withheld from public disclosure should be withheld:
a.
The informa tion sought to be withheld has been released by Arthur D. Little, Inc. ("ADL") to UE6C through a Licensing Agreement dated May 20, 1970 which imposes confidentiality requirements and other restrictions on UE6C.
b.
The information sought to be withheld is of a type custom-arily held in confidence.
ADL has requested that UE6C take steps to prevent public c.
disclosure of this information and has advised UE6C for the i
following reasons that there is a rational basis for such withholding:
0 276 (i)
The use of such informa tion gives ADL an advantage over its competitors. Withholding such information from disclosure protects ADL's ccmpetitive position.
(ii)
The information is marketable to licensees. With-holding the information from disclosure protects ADL's ability to sell the information to licensees.
g (iii) ne information sought to be withheld is not avail-able in public sources, but is only available to licensees through licensing agreements.
(iv) ne disclosure of the information sought to be with-held is likely to cause substantial harm to the competitive position of ADL, based on:
(a) ne value of the information to ADL.
(A) ne use of the information gives ADL ad-vantages over its competitors.
It reduces costs by increasing the produc.tivity of UE6C's engineers and other personnel.
Public disclosure of this information would enable competitors to exploit ad-vantages now possessed exclusively by ADL and its licensees.
(B) ne public disclosure of this information f
would jeopardize ADL's ability to preserve existing and procure fu ture licensing agreements.
(b) ne dif ficulty entailed by others in duplicating this information.
J We information has been submitted to the Commission in con-d.
fidence, and under 10 C.F.R. Section 2.790, it is to be received in confidence by the Commission.
It is there fore respec tfully requested that the aforementionei informa-tion be withheld from public disclosure.
2240 277 l
U L
HarryG.Yf/idM 7
Project MMager United Engineers & Constructors Inc.
CO.WONWEALTH OF PENNSYLVANIA
)
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SS.
COUNTY OF PHIIADELPllIA
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Harry C. Kreider being duly sworn according to law, deposes and says that he is authorized to execute this AFFIDAVIT on behalf of United Engineers & Constructors Inc., and that the averments of facts set forth in this AFFIDAVIT are true and correct to the bes t of his knowledge, information, and belief.
Mk/ f l'1U A
fU Sworn to and Subscribed before me this 26th day of A7,. < t
, 19 79
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m $1.u' Nofary Public f/
My Commission Expires January 31. 1981 2240 278 9
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