ML19274F098
| ML19274F098 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 04/26/1979 |
| From: | Schmieder J POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK |
| To: | Grier B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| References | |
| NUDOCS 7906130122 | |
| Download: ML19274F098 (8) | |
Text
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POWER AUTHORITY OF THE STATE t
- EW YORK 10 CoLUMeus CIRCLE New YORK. N. Y.10019 (212) 397 6200 TRUSTEES GEORGE T. BERRY FREDERICK R. CLARK G2NERAL C SEL AND assistant EXECUTIVE GEORGE L. INGALLS VICE CHAIRMAN RICH ARD M. FLYNN CM EP ENG EER JOHN W. BOSTON ROBERT I. MILLONZg Apri1 26 1979 wiu.! AM F. LUDOY THOM AS F. MCCR ANN. J5t.
United States Nuclear Regulatory Commission Office of Inspection and Enforcement Region I 631 Park Avenue King of Prussia, Pennsylvania 19406 Attention: Mr. Boyce H.
Grier, Director, Region I,
Subject:
Indian Point 3 Nuclear Power Plant Docket No. 50-286 Response to IE Bulletin No. 79-07
Dear Mr. Grier:
On April 24, 1979 the Power Authority of the State of New York submitted its response to IE Bulletin No. 79-07.
The enclosed computer code listings completes the information which was requested under item number 2 of the Bulletin.
Since the enclosed computer code listings are Arthur D.
Little Inc. proprietary information, the Power Authority hereby requests that under the provisions of 10 CFR 52.790 the 1.'. stings be withheld from public disclosure.
In conformance with 10 CFR S2.790 (b) there are attached two affidavits supporting the non-disclosure request, one from Arthur D.
Little, Inc. and the other from United Engineers and Constructors, Inc.
Very truly yours,,
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1,
- fnj u(l\\ J l h w L Joseph R. Schmieder chief Engineer V
cc: U.S. Nuclear Regulatory Commission Office of Inspection and Enforcement Division of Reactor Operations Inspection Washington, D.C.
20555 79061301Z?_
w/o att
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STATE OF NEW YORK)) ss.:
COUNTY OF NEW YORK)
AFFI DAVIT 1.
I, REIMAR F.
DUERR, am the Project Manager of United Engineers & Constructors, Inc. ( " UE &C " ) for Indian Point Unit #3 owned and operated by Power Authority of the State of New York and am authorized to apply for the withholding from public dis-closure 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.
Section 2.790 (b) (4), the follow-ing is furnished for consideration by the Commission in deter-mining whether the information sought to be withheld from public disclosure should be withheld:
a.
The information sought to be withheld has been released by Arthur D.
Little, Inc. ("ADL") to UE&C through a Licensing Agreement dated May 20, 1970 which imposes confidentiality requirements and otner restrictions on UE&C.
b.
The information scught to be withheld is of a type customarily held in confidence.
c.
ADL has requested that UE&C take steps to prevent public disclosure of this information and has advised UE&C for the following reasons that there is a rational
a
. basis for such withholding:
(i)
The use of such information gives ADL cn advan-tage over its competitors.
Withholding such information from disclosure protects ADL's competitive position.
(ii)
The information is marketable to licensees.
With-holding the information from disclosure protects ADL's ability to sell the information to licensees.
(iii)
The information sought to be withheld is not available in public sources, but is only avail-able to licensees through licensing agreements.
(iv) the disclosure of the information sought to be withheld is likely to cause substantial harm to the competitive position of ADL, based on:
(a)
The value of the information to ADL.
(A)
The use of the information gives ADL advantages over its competitors.
It reduces costs by increasing the pro-ductivity of UE&C's engineers and other personnel.
Public disclosure of this information would enable competinors to exploit advantages now possessed exclusively by ADL and its licensees.
. (B)
The public disclosure of this informa-tion would jeopardize ADL's ability to preserve existing and procure future licensing agreements.
(b)
The difficulty entailed by others in dupli-cating this information.
d.
The information has been submitted to the Commission in confidence, and under 10 C.F.R. Secti.on 2.790, it is to be received in confidence by the Commission.
It is therefore respectfully requested that the aforemen-tioned information be withheld from public disclosure.
eimar F.
Dnerr Project Manager United Engineers & Constructors Inc.
Subscribed and sworn to before me.this A '~ day of April, 1979.
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1.
I as the Vice President and General Counsel of Arthur D. Little Inc.,
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("ADL") and en responsible for reviewing proprietary information sought to be withheld from public disclosure, and as authorized to apply for its withholding on behalf of ADL.
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2.
This Affidavit is submitted under the provisions of 10 C.F.R.
I Section 2.790 and in conjunction with the application by the licensee i
required to report pursuant to IE 79-07.
i 3.
I have personal knowledge of the criteria and procedures used by l
ADL to designate information as a trade secret or privileged or
[
a confidential commercial or financial information.
I i
4.
Pursuant to 10 C.F.R. Section 2.790(b)(4), the following is furnished for consideration by the Conmission in determining whether the infor-sation sought to be withheld from public disclosure should be withheld:
a.
The information sought to be withheld is owned by ADL and consists of source program listings in whole or in part of a computer program named ADLPIPE.
It has been released to several clients through licensing agreements, all of which impose i
confidentiality requirenants on the licensee and prohibit its use other than as authorized, but otherwise has been held in confidence S-ADL.
b.
The information sought to be withheld is of a type customarily held in confidence by ADL. Among these types of inforzation are
I
'i
_._ l,
- computer program source listings which are made available to clients under the previously mentioned licensing agreements and computer l
i program source listings which must be protected fres unauthorized i
alterations.
c.
There is a rational basis for ADL's holding this information in c6nfidcace:
i (1)
The use of such informatica gives ADL an advantage over l
its competitors. Withholding such information from t
disclosure protects ADL's competitive position.
I 1
1 (ii) The information is marketable to licensees. Withholding the information from disclosure protects ADL's ability i
to sell the information to licensees.
i d.
The information has been submitted to the Ccenission in confidence, and under 10 C.F.R. Section 2.790, it is to be received in confidence by the Ceaulssion.
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 i
to cause substantial harm to the competitive position of ADL, l
based on:
(1) The value of the information to ADL.
A.
The use of the infarmation gives ADL advantages n
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l i
over its competitors.
It reduces costs by increasing l
the productivity of ADL's engineers and other personnel.
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Public disclosure of this information vould enable I
competitors to exploit advantages now possessed exclusively by ADL and its licensees.
5.
Between 1968 and 1979. ADL released this information 4
to a number of licensees pursuant to licensing agreements. The public disclosure of this inforsation j
vould jeopardize ADL's ability to preserve existing, j
and procure future, licensing agreements.
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i 1
(ii) The amount of ef fort and money expended by ADL in developing l
this information. This information has been developed over a period of twelve years at a cost of several hundreds of
~
thousands of dollars.
I (iii) The difficulty entailed by others in duplicating the inforsation. A coepetitor of ADL vould have to expend i
resources comparable to those expended by ADL to duplicate tim information sought to be withheld.
It is therefore respectfully requested that the aforenentioned information be withheld from public disclosure.
.)h4. -
,n,.
Richard T. Mirphy, Jr.
Vice President and General Counsel
- M, 4
COMM0!NEALTH OF MASSACHUSETTS )
ss:
COUNTY OF MIDDLESEX
)
i e
i Before me, the undersigned authority, personally appeared 4
Richard T,. Murphy, Jr., who, by me duly sworn according to law, j
deposes and says that he is authorized to execute this Affidavit I
on behalf of Arthur D. Little, Inc., and that the averments of I
facts see forth in this Affidavit are true and correct to the best j
2 of his knowledge, information, and belief.
I Sworn to before me this 20th day of April,1979.
Qf' Q'.
Notary Publie 7.., '
f,-
- ~
MARTHA C0110N, Hetary Miic 4
My Comninica Expins May. 29.1981 1
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