ML19347A494

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Forwards Proprietary rept,XN-NF-79-19,Examination of Exxon Nuclear Fuel at Yankee Rowe,Nov 1978. Rept Withheld (Ref 10CFR2.790).Affidavit Stating Proprietary Nature of Matl Encl
ML19347A494
Person / Time
Site: Yankee Rowe
Issue date: 04/10/1979
From: Johnson W
YANKEE ATOMIC ELECTRIC CO.
To: Ziemann D
Office of Nuclear Reactor Regulation
References
WYR-79-47, NUDOCS 7904250221
Download: ML19347A494 (6)


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.o Telephone 617 366-90ll TvX 710-390 0739 YANKEE ATOMIC ELECTRIC COMPANY s.3.2.1 T

20 Turnpoke Road Westborough, Massachusetts 01581

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WYR 79-47 April 10, 1979

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United States Nuclear Regulatory Cocmission (d'

Y'C Washington, D. C. 20555 Attention: Office of Nuclear Reactor Regulation

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Mr. Dennis L. Ziemann s' -

Operating Reactors Branch f2

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Division of Operating Reactors n'f, N

Reference:

(a) License No. DPR-3 (Docket No. 50-29)

(b) YAEC letter to USNRC, dated November 21, 1975

Dear Sir:

Subject:

Yankee Rowe Core XIII Fuel Examination by Exxon Nuclear In Reference (b) Yankee committed to submit a Core XIII fuel examination report upon receipt from Exxon Nuclear Company, Inc.

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The report, entitled, " Examination of Exxon Nuclear Fuel at Yankee Rowe, November, 1978, has been received and is enclosed for your review.

This document is considered proprietary by Exxon Nuclear Co=pany, Inc., and pursuant to the provisions of paragraph (b)(4) of section 2.790 of 10 CFR Part 2, you are hereby requested to withhold the subject document from public disclosure. An affidavit supporting the proprietary nature of this document is attached. A non-proprietary version of this report will be sub-mitted under a separate cover letter.

The proprietary reports are serialized and are submitted u6 der the Yankee Atomic control distribution procedures. You are requested to promptly sign and return the enclosed receipt, and return the docu=ent(s) when they are no longer of use to your cbG*

10 CFR 2.790 INFORMATION S

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r United Stat.es Nuclear Regulatory Co= mission April 10, 1979 Attention: Office of Nuclear Reactor Regulation Page 2 staff.

We trust that you will find this submittal satisfactory; however, should you desire additional information, feel free to contact us.

Very truly yours, YAhTEE ATOMIC ELECTRIC COMPANY M&

W. P Johnson Vice President RHG/smw Enclosure Controlled Copy Nos. 10 through 19 cio@T*

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grog 10 CFR 2.790 INFORMATION 4

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r0: Fred Burger /USNRC Yankee Vendor Proprietary Document AT YANKEE ROWE, NOVDiBER 1978 Title OMM, MC.

Originator Report No.

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Copy No.(s)

10. 11. 12. 13. 14. 15. 16. 17. 18. 19 MARCH 1979 Issue Date THE UNDERSIGNED ACKNOWLEDGES COMPLETION OF THE FOLLOWING ACTIONS:

1.

The receipt of the above designated document.(s) 2.

Review and conformance with the proprietary requirements and legal-restrictions identified in the report.

3.

Agree to return the document to the Document Control Center upon request, unless prohibited by regulatory requirements.

Signeture of Holder Date Titic Address (if other than Yankee Atomic Electric Company)

There are 2 copies of this form. Please sign both-and retain one for your

' records and return the other. form to:

M. F. Gilfoy Document Control Center Yankee Atomic Electric Company 20 Turnpike Road Westboro, Massachusetts 01581 i

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AFFIDAVIT I

t STATE OF Washington fss.

COUNTY OF Benton I, Roy Nilson, being duly sworn, herby say and depose:

1.

I am lianager, Licensing, for Exxon Nuclear Compcny, Inc.,

(" ENC") and as such I am authorized to execute this Affidavit.

2.

I am familiar with ENC's detailed document control system and policies which govern the protection and control of information.

3.

.I am familiar with the document XN-NF-79-19, entitled

. " Examination of Exxon Nuclear Fuel at Yankee Rowe November 1978" referred to as " Document", which is being submitted by Yankee Atomic Electric Company in support of its nondestructive fuel surveillance program a't the' Yankee Rowe Power Station.

Information contained in this Document has been classified by ENC as proprietary in accordance with the control system and pol' cies established by ENC for the control and protection of i

information.

4.

The Document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by ENC and not made available to the public.

Based on my experience, I am aware that other companies regard -information of the kind contained in the Document as being proprietary and confidential.-

5.

The Document has been made available to the United States Nuclear Regulatory Commission in confidence, with the request that the information contained in the Document'not be disclosed or divulged.

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6.

The Document contains information which is vital to a competitive advantage of ENC and would be helpful to competitors of ENC when competing with ENC.

7.

The information contained in the Document is considered to be proprietary by ENC because it reveals certain distinguishing aspects of ENC's irradiation-induced fuel rod dimensional changes which secure competitive economic advantage to ENC for design optimization and improved marketability, and includes information utilized by ENC in it business which affords ENC an opportunity to obtain a competitive advantage over its competitors who do not or may not know or use the information contained in the Document.

8.

The disclosure of the proprietary information contained in the Document to a competitor would permit the competitor to reduce its 4

expenditure of money and manpower and to improve its competitive position by giving it extremely valuable insights into ENC fuel performance -

information and would result in substantial harm to the competitive position of ENC.

9.

The Document contains proprietary information which is l

held in confidence by ENC and is not availablE in public sources.

i 10.

In accordance with ENC's policies governing the protection

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and control of i.; formation, proprietary information contained in the Document has been made available, on a limited basis, to others outside ENCfonly as required and under suitable agreement providing for non-

' disclosure and limited use of the information.

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11.

ENC policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.

Checks are made routinely to assure the policy procedures are being met.

12.

This Document provides information which reveals irradiation-induced fuel rod dimensio,a1 changes.

ENC has invested several hundred thousand dollars and many man-years of effort in gathering information on the in-reactor performance of ENC fuel.

Assuming a competitor had avail-able the same background data and incentives as ENC, the competitor might, at a minimum cost, develop the information for the same expenditure of manpower and noney as ENC.

13.

Based on my experience in the industry, I do not believe that the background data and incentives of ENC's competitors are suffit ently similar to the corresponding background data and incentives of ENC that it is reasonable to expect such competitors would'be in a

. position'to duplicate ENC's proprietary information contained in the.

documents.

THAT the statements made hereinabove are, to the best of my knowledge, information, and belief, truthful and complete.

FURTHER AFFIANT SAYETH NOT.

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