ML19317E802
| ML19317E802 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 08/31/1977 |
| From: | Parker W DUKE POWER CO. |
| To: | Schwencer A Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 7912180991 | |
| Download: ML19317E802 (9) | |
Text
oCCICET NUMi a-19Xnoks7 u.c. NuCLsAn REcuLAroRY CC...JIS$loN RRC.roRM 196
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NRC DISTRIBUTION PoR PART 50 DOCKET MATERI AL ROW
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70: Mr. Edson G. Case Duke Power Co.
08/31/77 Charlotte, N. C.
28242 DATE REC;1V ED William O. Parker, Jr.
09/08/77 ZLsTTEa CNoroRiz1D PRCP INPUT PoRM NUMBER of COPIES RECE!VED ConiGlNkk
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CCcPY sEsCmPTloN ENCLOSURE Consists of report BAW-1006A, Rev. 3 January, 1975 " Reactor Vessel Material Sur-veillance Program". and, Pursuant to 10CFR2.790) requesting withholding from Public Disclosure, Prop Info. concerning, NRC's ltr. request of 05/23/77 consisting of ad8. info regarding ade--
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l h @r-specimens employed to represent limiting materia 14 1-M'
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Mr. Edson G. Case, Acting Director Office of Nuclear Reactor Regulation 3
U. S. Nuclear Regulatory Commission b,
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Washington, D. C.
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Attention:
Mr. A. Schwencer, Chief
.T Operating Reactor Branch #1
,6. 3 1 'i '.-
Reference:
Oconee Nuclear Station Docket Nos. 50-269, -270, -287
Dear Sir:
Your letter dated May 23, 1977 requested additional information in order to make a determination as to the adequacy of reactor vessel material surveillance specimens employed to reasonably represent the limiting materials in the reactor vessel beltline region. Also, information concerning the materials enployed in the reactor vessel construction was requested.
In response to this request, please find attached forty copies of a response prepared by the Babcock and Wilcox Company for the three Oconee Nuclear Station reactor vessels. An affidavit of Mr. James H.
Taylor of B&W is also provided which requests that this information be considered proprietary and be withheld from public disclosure pursuant to 10CFR2.790.
As requested by question 5.d, please' find attached one copy of report BAW-1006A, Rev. 3, January, 1975 " Reactor Vessel Material Surveillance Program".
Ver' truly yours,
' William O. Parker, Jr.
MST:ge Attachments n ') 2 $ 2 0 f 4 Y
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Babcock &Wilcox AFFIDAVIT OF JAMES H. TAYLOR A.
My name is James H. Taylor.
.I am Manager of Licensing in the Nuclear Power Generation Division of Babcock & Wilcox, and as such I am authorised to execute this Affidavit.
B.
I am familiar with the criteria applied by Babcock & Wilcox to determine whether certain information of Babcock & Wilcox is proprietary and I am familiar with the procedures established within Babcock & Wilcox, particularly the Nuclear Power Generation Division (NPGD), to ensure the proper application of these criteria.
C.
In determining whether a Babcock & Wilcox document is to be classified as proprietary information, an initial determination is made by the unit manager who is responsible for originating the document as to whether it falls within the criteria set forth in Paragraph D hereof.
If the information falls within any one of these criteria, it is classified as proprietary by the originating un'it manager.
This initial determination is reviewed by the cognisant section manager.
If the document is designated as proprietary, it is reviewed again by Licensing personnel and other management within NPGD as designated by the Manager of Licensing to assure that the regulatory requirements of.10 CFR Section 2.790.are met.
D.
The following information is provided to demonstrate that the provisions of 10 CFR Section 2.790 of the Commission's regulations have been considered:
(1)
The information has been held in confidence by the Babcockf& Wilcox Company.
Copies. of the document are clearly identified as. proprietary..In addition, whenever Babcock.& Wilcox transmits the-information to a customer,
' customer's-agent ~, potentia'l customer or regulatory agency,
'the transmittal requests the recipient.to hold the w--.a..-$
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Babcock &Wilcox AFFIDAVIT OF JAMES H. TAYLCR (CCNT'D.)
information as proprietary.
Also, in order to strictly limit any potential or actual customer's use of proprietary information, the following provision is included in all proposals submitted by Baucock & Wilcox, and an applicable version of the proprietary provision is included in all of Babcock & Wilcox's contracts:
" Purchaser may retain Company's Proposal for use in connection with any contract resulting therefrom, and, for that purpose, make such copies thereof as may be necessary.
Any proprietary information concerning Company's or its Suppliers' products or manufacturing processes which is so designated by Company or its Suppliers and disclosed to Purchaser incident to the performance of such contract shall remain the property of Company or its Suppliers and is disclosed in confidence, and Purchaser shall not publish or otherwise disclose it to others without the written approval of Company, and no rights, implied or otherwise, are granted to produce or have produced any products or to practice or cause to be practiced any manufacturing processes covered thereby.
Notwithstanding the above, furchaser may provide the NRC or any other regulatory agency with any such proprietary information as the NRC or such other agency may require; provided, however, that Purchaser shall first give Company written notice of such proposed disclosure and Company shall have the right to amend such proprietary information so as to make it non-proprietary.
In the event that Company cannot amend such proprietary information, Purchaser shall, prior to disclosing such information, use its best efforts to obtain a commitment from NRC or such
'other agency to have such information withheld from.
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,m BabcockiWilcox AFFIDAVIT OF JAMES H. TAYLOR (CONT'D.)
public inspection.
Company shall be given the right to participate in pursuit of such confidential treatment."
(ii)
The following criteria are customarily applied by Babcock & Wilcox in a rational decision process to determine whether the information should be classified as proprietary.
Information may be classified as proprietary if one or more of the following criteria are met.
a.
Information reveals cost or price information, commercial strategies, production capabilities, or budget levels of Babcock & Wilcox, its customers or suppliers.
b.
The information reveals data or material concerning' Babcock & Wilcox or customer funded research or development plans or programs of present or potential competitive advantage to Babcock & Wilcox.
c.
The use of the information by a competitor would decrease his expenditures, in time or resources, in designing, producing or marketing a similar product.
d.
The information consists of test data or other similar data concerning a process, method or component, the application of which results in a competitive advantage to Babcock & Wilcox.
e.
The information reveals special aspects of a process, method, component or the like, the exclusive use of which results in a competitive advantage to Babcock &
Wilcox.
f.
The information contains ideas for which patent protection may be sought. -.
(3'
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p Babcock &Wilcox AFFIDAVIT OF JAMES H. TAYLOR (CONT'D.)
The document (s) listed on Exhibit "A", which is attached hereto and made a part hereof, has been evaluated in accordance with normal Babcock & Wilcox procedures with respect to classification and has been found to contain information which falls within one or more of the criteria enumerated above.
Exhibit "B", which is attached hereto and made a part hereof, specifically identifies the criteria applicable to the document (s) listed in Exhibit "A".
(iii)
The document (s) listed in Exhibit "A",
which has been made available to the United States Nuclear Regulatory Commission was made available in confidence with a request that the document (s) and the information contained therein be withheld from public disclosure.
(iv)
The information is not available in the open literature and to the best of our knowledge is not known by
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Combustion Engineering, EXXON, General Electric, Westinghouse or other current or potential domestic or foreign ccmpetitors of B&'J.
(v)
Specific information with regard to whether public disclosure of the information is likely to cause harm to the_ competitive position of Babcock & Wilcox, taking into account the value of the information to Babcock &
Wilcox; the amount of effort or money expended by Babcock & Wilcox developing the information; and the ease or difficulty with which the information could be properly duplicated by others is given in Exhibit "B".
E.
I have personally reviewed the document (s) listed on Exhibit "A" and have found that it is considered proprietary by Babcock &
Wilcox because it contains information which falls within one or more of-the criteria enumerated in Paragraph D, and it is f
d a
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Babcock &Wilcox AFFIDAVIT OF JAMES H. TAYLOR (CONT'D.)
information which is customarily held in confidence and pro-tected as proprietary information by Babcock & Wilcox.
This report comprises information utilized by Babcock & Wilcox in its business which afford Babcock & Wilcox an opportunity to obtain a competitive advantage over those who may wish to know or use the information contained in the document (s).
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JAMES H. TAYLOR State of Virginia)
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SS. Lynchburg City of Lynchburg)
James H. Taylor, being duly sworn, on.his oath deposes and says that he is the person who subscribed his name to the foregoing statement, and that the matters and facts set forth in the statement are true.
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JAMES H. TAY R
SubscribepdayofAugust1977 and sworn before me this /2 "
xa!Ul } )kwl Notidry Public in and for the City of Lynchburg, State of Virginia My Commission Expires
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Babcock &Wilcox EXHIBIT A Response to NRC Request for Information on Reactor Vessel Material Surveillance Program i
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Babcock &Wilcox EXHIBIT B Proprietary Portions of Response to NRC Request for Information on Reactor Vessel Material Surveillance Program Criteria Entire cocument b,c,d,e
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Specific information with regard to potential harm to B&W by disclosure of the material includes:
1.
B&W has expended over $250,000 to date in research and development of our reactor vessel surveillance program.
This program has involved a three year effort.
2.
The data and information as contained in this document is not available in the open literat tre or elsewhere in the open market.
3 Development of this technology gives E%W a distinct commercial advantage over competitors uho do not have or are in the process of developing such a prcgram.
The market
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potential for this technology is estimated to exceed two million dollars.
B&W ccmpetitors for this market include Fracture Control Incorporated, Southwest Research Institute, Fracture Analysis Associates, Effects Technology Incorporated,
-Battelle Memorial Institute, and Westinghouse Electric Corporation.
4.- Portions of the information cannot be easily acquired or duplicated ~by others since it results from B&W engineering evaluations of the detailed RED program identified in (1).
Other portions of the information might be duplicated at the expense of the monies and effort listed in (1).
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