ML19329B775

Forwards Jf Mallory Affidavit in Support of Withholding BAW-1401, Davis-Besse Fuel Densification Rept.

ML19329B775
Person / Time
Site:	Davis Besse
Issue date:	04/22/1975
From:	Mallay J BABCOCK & WILCOX CO.
To:	Schwencer A Office of Nuclear Reactor Regulation
References
NUDOCS 8002060804
Download: ML19329B775 (8)

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NRC DIA BUTIOM FOR PART SO DOCKET M ERIAL (TEMPORARY FORM)

, CONTRO L Nt.. 4509 FILE:

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FROM: Babcoca & witcox DATE OF DOC DATE HEC'D LTR TWX RPT OTHER Lynchburg , va James F . Mallay 4-22-75 4-2?-75 xxx TO: ORIG CC OTHER SENT AEC POR xxxxx Mr. A. Schwencer 1-signed SENT LOCAL PDR nm CLASS UNCLASS PROPINFO INPUT NO CYS REC'D DOCKET NO:

xxxx 1 50-346 DESCRIPTION: ENCLOSURES:

Ltr furn info to support B&W's request that Affidavit of James F. Mallay notarized BAW-14G1 be withheld from public disclosure _ 4-22-75 .......

..... trans the following:

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BabcpCk & WilCOX power ceneratien croup i

P.O. Box 1260. Lynchburg, Va. 24505  :

Teleonene: (804) 3845111 April 22, 1975

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$C J '/ 6 Mr. A. Schwencer Chief LWR Branch 2-3 Division of Reactor Licensing Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Comission Washington, D.C. 20555

Dear Mr. Schwencer:

In April 1975 B&W transmitted Proprietary report BAW-1401, " Davis Besse Unit 1 Fuel Densification Report."

Attached is detailed information to support B&W's request that BAW-1401 be j

withheld f rom public disclosure on the grounds that it is proprietary and any disclosure would impair B&W's competitive position.

Very truly yours, BABC0CK & WILCOX COMPANY Nuclear Power Generation 0

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JFM/bm James F. Mallay Manager, Licensing

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4 The Babcock & Wilccx Company / Estabbshed 1867

toeIDAVIT OF JAMES F. MALLAY I. My name is James F. Mallay. I am Manager of Licensing in the Nuclear Power Geheration Division of Babcock & Wilcox, and as such, I am authorized to execute this Affidavit.

II. I am familiar with the criteria applied by Babcock & Wilcox to determine whether certain information of Babcock & Wilcox is proprietary and I am ,

i - familiar with the procedures established within Babcock & Wilcox, particularly the Nuclear _awer Generation Division to ensure the proper application of these criteria.

III. The following are the criteria customarily applied by Babcock & Wilcox in determining whether information should be protected as proprietary. Infor-mation may be classified as proprietary if any one of the following criteria are met:

A. Information reveals cost or price information, commercial strategies, production cape flities, 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 advantages to Babcock & Wilcox.

t 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 similar data concerning a process, method or component, the application of which results in a competitive advantage to Babecck & Wilecx.

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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AFFIDAVIT OF JAMES F. MALL (Cont'd)

F. The information contains ideas for which patent protection may be sought.

IV. 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 III hereof. If the information f alls 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 the Manager of Licensing. Each of these reviewers must agree on the classification of the report before distribution is made. In order to pro-tect and account for formal report documents containing information determined to be proprietary, each copy is numbered and there is a strict policy against reproduction of such numbered proprietary documents.

~V. The document 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 in Paragraph III hereof and is not customarily made available to the public.

VI. The document listed in Exhibit "A" which has been made available to the United States Atomic Energy Commission was made available in confidence with a request that the documents and the information contained therein be withheld f rom public disclosure.

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AFFIDAVIT OF JAMES F. MALIAY (Cont'd)

VII. I ,have personally reviewed the document listed on Exhibit "A" and have found that it is considered prcprietary by Babcock & Wilcox because it contains information which falls within one or more of the criteria enumerated in Paragraph III, and it is information which is customarily held in confidence and protected as proprietary information by Babcock & Wilcox. The report com-prises information utilized by Babcock & Wilcox in its business which afford Babcock & Wilcox an opportunity to obtain a competitive advantage over those who may or may not know or use the information contained in these documents.

VIII. Exhibit "B" which is attached hereto and made a part hereof, is a detailed analysis of the proprietary nature of the infor"ation contained in the document listed in Exhibit "A". The " criteria" column refers to the criteria enumerated in Paragraph III of this affidavit of April 22, 1975 and an entry in the " criteria" column means that the designated information falls within the listed criteria.

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AFFIDAVIT OF JAMES F. MALLAY (Cont'd)

State of Virginia)

) SS. Lynchburg City of Lynchburg)

James F. Mallay, 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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Subscribed and sworn before me in the City of Lynchburg on this the 22nd day of April,1975.

i Notary Public in and for the City of Lynchburg, State of Virginia.

4 My Coctnission Expires v/s_t/ /c /J/ 7 7 ,

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KOTARY PUBLIC Page 4

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Exhibit A Babcoc$ & Wilcox Proprietary report, BAW-1401, " Davis Besse Unit 1 Fuel Densification Report," April 1975.

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s Exhibit B Babetek & Wilcox Propristtry R; port BAR-1401, sntitlad

.. " Davis Besse Unit 1 Fuel Densification Report," dated April 1975, and forwarded by letter from Mallay to Schwencer dated April 1975.

Applicable Page Description of Nbterial Criteria 3-7 thru 3-9 In' Figures 3.2-1, 3.2-2 and 3.2-3; items D 1 thru 5 under Assumptions.

3-14 Under 3.3.3.3 Transient Data, ninth line - D value of hour 3-14 Under 3.3.3.3 Transient Data, tenth line - D value of heat rate 3-16 thru 3-19 In Tables 3.3-2 through 3.3-5, all data D in tables 3-35 Under 3.5.1.2 Input Summary, values for all D items except the first and last items. Also value of predicted time to collapse under results 3-35 Under 3.5.1.3 Results.value of effective full- D power hours 3-36 All data in Table 3.5-1 D 1

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