ML20002D944
| ML20002D944 | |
| Person / Time | |
|---|---|
| Site: | Calvert Cliffs  |
| Issue date: | 01/21/1981 |
| From: | Lundvall A BALTIMORE GAS & ELECTRIC CO. |
| To: | Clark R Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19260G492 | List: |
| References | |
| NUDOCS 8101230537 | |
| Download: ML20002D944 (5) | |
Text
's B ALTIMORE G AS AND ELECTRIC COMPANY P.O. B O X 14 7 5 B ALTIMOR E. M A RYLAN D 21203 ARTwun E. LUNOVALL,JR.
"'" i',"',"
January 21, 1981 s
0ffice of Nuclear Reactor Regulation U. S. Nuclea. Regulatory Commission Washington, D. C.
20555 ATTENTION: Mr. Robert A. Clark, Chief Operating Reactors Branch #3 Division of Licensing
SUBJECT:
Calvert Cliffs Nuclear Power Plant Units Nos, 1 & 2, Dockets Nos. 50-317 and 50-318 CEA Guide Tube Inspection Program
REFERENCE:
NRC Letter from R. A. Clark to A. E. Lundvall, Jr.
Amendment No. 48 to Calvert Cliffs Unit No.1 Operating License No. DPR-53 Gentlemen:
The referenced letter requested that we provide a final report concerning the subject program.
Enclosed are a proprietary copy and a non-proprietary copy of CEN-146(B), providing the requested information. Also enclosed is a signed affidavit executed by Combusion Engineering (, Inc. in support of their request that the material contained in CEN-146 B)-P be withheld from public disclosure in accordance with the provision of 10 CFR Part 2.790.
Very truly yours, A. E. Lundvall, Jr.
Vice President - Supply AEL: JAM:st Enclosures (1) CEN-146(B)-P (Copies 1-40)
(2) CEN-146(B)-NP (20 copies)
(3) Signed Affidavit (40 copies) cc:
J. A. Biddison, Esquire (w/o Encl)
G. F. Trowbridge, Esquire (w/o Encl)
Mr. E. L. Conner, Jr. - NRC Mr. P. W. Kruse - CE (w/o encl) t 8101230$
AFFIDAVIT PURSUANT T0 10 CFR 2.790 Combustion Engineering, Inc.
)
State of Connecticut
)
County of Hartford
)
SS.:
I, A. E. Scherer depose and say that I am the Director, Nuclear Licensing, of Combustion Engineering, Inc., duly authorized to make this affidavit, and have reviewed or caused to have reviewed the information which is identified as proprietary and referenced in the paragraph immediately below. ' I am submitting this affidav t in conformance with the provisions i
of 10 CFR 2.790 of the Commission's regulations and in conjunction with the application of Baltimore Gas and Electric Company, for withholding this information.
The information for which proprietary treatment is sought is contained in the following' document:
CEN-146(B)-P, End of Cycle 4 Eddy Current Inspection Results: Control Element Assemblies (CEA's) and Guide Tube Sleeves 1980 Calvert Cliffs I Refueling Outage, December 22, 1980.
i This document has been appropriately designated as proprietary.
l I have personal knowledge of the criteria and procedures utilized by Combustion Engineering in designating information as a trade secret, privileoed l
or as confidential commercial or financial information.
Pursuant to the provisions of paragraph (b) (4) of Section 2.790 of the Commission's regulations, the following is furnished for consideration 4
2-by.the Commission in determining whether the information sought to be withheld from public disclosure, included in the above referenced document, should be withheld.
1.
The information sought to be withheld from public disclosure are test results and the interpretation of the results of eddy current tests performed on CEA's and guide tube sleeves at Calvert Cliffs I, which is owned and has been held in confidence by Combustion Engineering.
2.
The information consists of test data or other similar data concerning a process, method or component, the application of which results is a substantial competitive advantage to Combustion Engineering.
3.
The information is of a type customarily held in confidence by i
Combustion Engineering and not customarily disclos d to the public.
Combustion Engineering has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold-certain types of information in confidence. The details of the aforementioned system were provided to the Nuclear Regulatory Commission via letter DP-537 from F.M. Stern to Frank Schroeder dated December 2,1974.
This system was applied in determining that the subject documents herein are proprietary.
4.
The information is being transmitted to the Commission in confidence under the provisions of 10 CFR 2.790 with the understanding that it is to 1
be received in confidence by the Commission.
5.
The information, to the best of my knowledge and belief, is not available in public sources, and any disclosure to third parties has been made pursuant to regulatory provisions or proprietary agreements which provide for maintenanc of the information in confidence.
6.
Public disclosure of the information is likely to cause sub:tantial harm to the competitive position of Combustion Engineering because:
a.
A similar product is manufactured and sold by major pressurized water recctors competitors of Combustion Engineering.
b.
Development of'this information by C-E required hundreds of man-hours of effort and tens of thousands of dollars.
To the best of my knowledge and belief a competitor would have to undergo similar expense in generating equivalent information.
c.
In order to acquire s sch information, a competitor would also' require considerable time and inconvenience related to performance of eddy current tests, data reduction and data interpretation.
d.
The information required significant effort and expense to obtain the licensing approvals necessary for application of the information.
Avoidance of this expense would decrease a competitor's cost in applying the information and marketing the product to which the information is applicable.
e.
The information consists of test results and the interpreta-tion of the results of eddy current tests performed at Calvert Cliffs I, the application of which provides a competitive economic advantage.
The availability of such information to competitors would enable them to modify their product to better compete with Combustion Engineering, take marketing or other actions to improve their product's position or impair the position of Combustion Engineering's product, and avoid developing similar data and analyses in support of their processes, methods or apparatus.
4-f.
In pricing Combustion Engineering's products and services, significant research, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included.
The ability of Combustion Engineering's competitors to utilize such informa-tion without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.
g.
Use of the information by competitors in the internationil marketplace would increase their ability to market nuclear steam '..upply systems by reducing the costs associated with their technology development.
In addition, disclosure would have an adverse economic impact on Combustion Engineering's potential for obtaining or maintaining foreign licensees.
Further the deponent sayeth not.
- ew W. E. $5MTrY
- Director, Nuclear Licensing Sworn to before me this bayof l
.I Notary Pubiic
- .utEY J. V.ENZEL NOTARY PCDLIC S:cte of Conr.ecticut flo. 59962 Commisman Expires March 31,1955
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