ML20005D640

Forwards Affidavit Supporting Proprietary Info in 891121 Ltr from Jj Fisicaro Re Amend to Increase Reactor Power Level to 100% Power

ML20005D640
Person / Time
Site:	Arkansas Nuclear
Issue date:	11/30/1989
From:	Taylor J BABCOCK & WILCOX CO.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
JHT-89-241, NUDOCS 8912130103
Download: ML20005D640 (8)

Text

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'BWBBWNibCLEAer TECHNOLOGIES JHT/89-241 3315 0td Forest noad November 30, 1989 P.O. Box f D935 Lynchbuty. VA E4506-0935 Telephone: B04-385-2000 Telecopy;B04 385-3663 C. S. Nuclear Regulatory Commission Document Control Desk Mail Station P1-137 Washington, D.C. 20555

Subject:

Arkansas Nuclear One - Unit 1 1 Docket No. 50-313 ,

License No. DPR-51 Additional Information Related to License Amendment to Increase Reactor Power Level ':o 100% Full Power

Reference:

Letter from Mr. James J. Fisicaro (AP&L) to the NRC, '

dated November 21, 1989; same subject.

t Gentlemen:

e In the referenced letter, Arkansas Power & Light Company included '

some B&W proprietary data. That letter indicated that a separate transmittal of the affidavit supporting that proprietary  :

information would be provided to the NRC. Attached is the referenced affidavit.

Very t ly ours,

//

. H. Tay or, Manager Licensing Services JHT/bcc Attachments cc: J. J. Fisicaro/AP&L W. F. Jones R. B. Borsum M/', 90 (?s LLI.

8912130103 89113033 gg ,t jsLC ao PDR ADOCK 050 ,, g9 ur P-

I s AFFIDAVIT OF JAMES H. TAYLOR A. My name is James H. Taylor. I am Manager of Licensing Services in the B&W Nuclear Services Company (BWNS), which is a part of B&W Nuclear Technologies (BWNT), and as such I am authorized to executive this Affidavit.

B. I am familiar with the criteria applied by B&W to determine whether certain information of B&W is proprietary and I am familiar with the procedures established within B&W, particularly the Nuclear Services Company, to ensure the proper application of these criteria.

C. In determining whether a B&W document is to be classified as j proprietary information, an initial determination is made by the l Unit Manager, who is responsible for originating the document, j as to whether it falls within the criteria set forth in Paragraph D hereof, If the information falls within any one of l

these criteria, it is classified as proprietary by the  ;

originating Unit Manager. This initial determination is l

reviewed by the cognizant Section Manager. If the document is i I designated as proprietary, it is reviewed again by Licensing personnel and other management within BWNS as designated by the

• l Manager of Licensing Services to assure that the regulatory

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requirements of 10 CFR Section 2.790 are met.

D. The following information is provided to demonstrate that the i

provisions of 10 CFR Section 2.790 of the Commission's I regulations have been considered:

1 (i) The information has been held in confidence by B&W.

Copies of the document are clearly identified as proprietary. In addition, whanever B&W transmits the l  !

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AFFIDAVIT ~ OF JAMES H. TAYLOR (Cont'd.)'

information to a' customer, customer's agent, potential customer or regulatory agency, the transmittal requests the recipient to hold the.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 B&W, i i

and an applicable version of the proprietary provision is included in all of B&W'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 Supplier's 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 tne written approval of Company, and no rights, implied or otherwise, are granted to produce or have l produced any products or to practice or cause to be l_ practiced any manufacturing processes covered thereby.

l Notwithstanding the above, Purchaser may provide the NRC or any other regulatory agency with any such u 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 2

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[ AFFIDAVIT OF JAMES H. TAYLOR (Cont'd.)

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 public inspection.

. company shall be given the right to participate in pursuit of such confidential-treatment."

(ii) The following criteria are customarily applied by B&W 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 B&W, its customers or suppliers.

b. The information reveals data or material concerning i B&W research or development plans or programs of  ;

present or potential competitive advantage to B&W. l i

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. l

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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 B&W.

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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 B&W.

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s-s AFFIDAVIT OF JAMES H. TAYLOR (Cont'd.)

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

The document (s) listed on Exhibit "A", which is attached hereto and made a part hereof, has been evaluated in accordance with normal B&W procedures with respect to classification and has been found to contain information which falls within one or more of the cr/iteria 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 Combustion Engineering, EXXON, General Electric, Westinghouso or other current or potential domestic or i foreign competitors of B&W.

(v) Specific information with regard to whether public disclosure of the information is likely to cause harm to i the competitive position of B&W, taking into account the value of the information to B&W; the amount of effort or '

money expended by B&W 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 B&W because j it contains information which falls within one or more of the 4

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AFFIDAVIT OF JAMES H. TAYLOR (Cont'd.)

criteria enumerated in Paragraph D, and it is information which is customarily held in confidence and protected as proprietary -

information by B&W. This report comprises information utilized by B&W in its business which afford B&W an opportunity to obtain .

a competitive advantage over those who may wish to know or use the information contained in the document (s).

. /f/W JAMES H. TAYIhI State of Virginia)

) 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. TA b R Subscribed and sworn befqre me this 1 day of fAAbntfMA - 1989.

r Ana Notary Public in a51d for the City of,Lynchburg, State of Virginia My Commission Expires i

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EXHIBIT A

1. TABLE 1A - SBLOCA HPI Flow Assumptions for Flow into the Reactor Core, Accounting for ANO-1 Power Level (2568 MWt).

2. TABLE 1B - HPI Line Break HPI Flow Assumptions for Flow into the Reactor Core, Accounting for ANO-1 Power Level (2568 MWt).

3. TABLE 2 - Composite HPI Pump Performance Curve (2568 MWt).

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• NOTE: The above tables are included in AP&L letter of 11/21/89,

Subject:

" Additional Information Related to License Amendment to Increase Reactor Power to 100% Full Power".

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W EXHIBIT B

, DESCRIPTION OF MATERIAL APPLICABLE CRITERIA Tables 1A, 1B, and 2 c, d

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