ML19326A992

Affidavit Justifiying Proprietary Nature of Reactor Vessel Matl Surveillance Program Info.Specific Info Re Potential Harm by Disclosure Encl

ML19326A992
Person / Time
Site:	Davis Besse
Issue date:	08/12/1977
From:	Taylor J BABCOCK & WILCOX CO.
To:
Shared Package
ML19326A986	List: ML19326A985 ML19326A992
References
NUDOCS 8003050923
Download: ML19326A992 (7)

Text

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Babcock &WilcoxL 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 authorized to execute this Affidavit.

B. I am- familiar with the criteria' applied by Babcock & Wilcox to determine whether certain information of Pubcock & 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 ;riteria.

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 unit manager. This initial determination is reviewed by the cognizant section manager. If the document is designated as' proprietary, it is reviewed again by Licensing personnel and other management within NPGD as designated by I 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 I regulations have been considered:

(1)~ The information has been: held in confidence by the Babcock &'Wilcox Company. Copies of-the document are clearly identified.as proprietary. In addition, whenever Babcock &'Wilcox transmits the information to a customer, scustomer's' agent, potentia'l customer or regulatory' agency, the transmitdal requests the recipient tofhold the

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- Babcock &Wilcox

' AFFIDAVIT ' OF ' J AMES H. TAYLOR - ( CONT ' D.~ )

information asfproprietary. 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 Babcock &'Wilcox, and an enolicable version of the proprietary provision is includec u 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, 1

l' 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, Purchaser may provide the 4

NRC or any;other regulatory agency.with any such proprietary information as the NRC or such other f

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' I-

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efforts' to obtain -a commitment from;NRC or such other agencyft'o have:such information withheld from

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Babcock & Wild.ox

.AFFIDkVIT'OF JAMES H. TAYLOR(CONT'D.)'

public inspection. . Company shall be given the right ' to parti ~cipate in pursuit of such confidential treatment."

l(11)- The following criteria are customarily applied by Babcock & Wilcox i; 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 progr,ams 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 marketin6 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. , .

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'f. . The information contains ideas for which patent

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protection may.be-sought.

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AFFIDAVIT OF J AMES 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

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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

Combustion Engineering, EXXON, General Electric, Westinghouse or other current or potential domestic or l f foreign competitors of B&W.

l (v)- Specific information with regard to whether publii 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 11t - contains information which falls within one I .- or more of the criteria enumerated in Paragraph D, and it is J Balicock&WUcox .

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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/w JAMES H. TAYLOR State of Virginia)

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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 and sworn before me SubscribpdayofAugust1977 this /2 xab Y $ )?a A Hot; dry Public in and for the City of Lynchburg, State of Virginia l

My Commission Expires /e !/(, !7'f

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Babcock &Wilcox EXIIIBIT A Response to NRC Request for Information on Reactor Vessel Material Surveillance Program t

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Babcock &VElcox EXHIBIT B Proprietary Portions of' Response to llRC Request for Information on Reactor Vessel Material Surveillance Program Criteria Entire document b,c,d,e 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 literature or elsewhere in the open market.

3 Development of this technology gives B&W a distinct commercial advantage over competitors who do not have or are in the process of developing such a program. The market potential for this technology is estimated to exceed two million dollars. B&W competitors 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 R&D program identified in (1).

Other portions of the information might be duplicated at the expense of the monies and effort listed iu (1).

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