ML20028F938
| ML20028F938 | |
| Person / Time | |
|---|---|
| Site: | Waterford  |
| Issue date: | 02/02/1983 |
| From: | Maurin L LOUISIANA POWER & LIGHT CO. |
| To: | Knighton G Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19303B468 | List: |
| References | |
| W3P83-0247, W3P83-247, NUDOCS 8302070182 | |
| Download: ML20028F938 (6) | |
Text
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. . 5p g en LOUISIANA 142 DELARONDE STREET POWER & L1GHT P O BOX 6008
- NEW ORLEANS LOUISIANA 70174 * (504) 366 2345 MIDDLE SOUTH unuris sysrEM February 2, 1983 L. V MAURIN Voce Preswient Nuclear Operatoons W3P33-0247 3-A1.01.04 Director of Nuclear Reactor Regulation Attention: Mr. G. Knighton, Chief Licensing Branch #3 Division of Licensing U. S. Nuclear Regulatory Commission Washington, D. C. 20555
SUBJECT:
Louisiarc Power & Light Company Waterford SES - Unit No. 3 CESEC Computer Code
REFERENCE:
Letter from F. J. Miraglia to L. V. Maurin dated June 7, 1982 ENCLOSURES: (1) Proprietary Report CEN-234(C)-P, " Responses to Questions on CESEC", December, 1982 (2) CEN-234(C)-NP, " Responses to Questions on CESEC",
December, 1982 (3) Affidavit of proprietary status pursuant to 10 CFR 2,790
Dear Mr. Knighton:
The referenced letter transmitted NRC Staff Questions 440.1 through 440.68 dealing with the CESEC computer code. The requested information was necessary for your review prior to issuance of an operating license.
In response to your questions, attached please find copies 000004 through 000007 of Enclosure (1). Five copies of the non-proprietary document, enclosure (2), are also forwarded herewith.
Please be advised that the data listed in Enclosure (1) contains informa-tion which is proprietary to Combustien Engineering. Pursuant to Section 2.790 10 CFR part 2, you are requested to withhold this information from public disclosure. An affidavit attesting the proprietary nature of the material is provided as Enclosure (3). Also, in accordance with 10 CFR Section 2 790(b), we recognize that withholding this information from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the information.
l If you should have any questions concerning the proprietary nature of the material transmitted herewith, please address these questions directly to:
Chne: Fe <- & # n geo/ O use 1 Alf cont' llf *f h$blf*
A)1ts 4)S(C 83020701 pDR ADOC 0 2 2 PDR A .)
9 cont' Mr. A. E. Scherer Director of Nuclear Licensing (9438-1922)
Combustion Engineering, Inc.
1000 Prospect Hill Road Windsor, CT 06095 We also request that you provide a copy of any questions concerning the proprietary nature of this submittal to Louisiana Power & Light Company.
Yours very truly, L. V. Maurin LVM/MJM/jcb cc: W. M. Stevenson, E. L. Blake, J. Wilson N A
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AFFIDAVIT PURSUANT TO 10 CFR 2.790 Combustion Engineering, Inc. )
State of Connecticut )
County of Hartford ) SS.:
I, P. L. McGill depose and say that I am the Vice President, Commercial of Combustion Engineering, Inc., duly authorized to make this affidavit, and j have reviewed or caused to have reviewed the information which is identified as proprietary and referenced in the paragraph immediately below. I am i i submitting this affidavit in conformance with the provisions of 10 CFR 2.790 of the Commission's regulations and in conjunction with the application of Louisiana Power and Light Company, for withholding this information.
, The information for which proprietary treatment is sought is contained i
in the following document:
CEN-234(C)-P, Responses to Questions on CESEC, December 1982.
This document has been appropriately designated as proprietary.
1.
I have personal knowledge of the criteria and procedures utilized by Combustion Engineering in designating information as a trade secret, privileged or as confidential commercial or financial information.
Pursuant to the provisions of paragraph (b) (4) of Section 2.790 of I
the Commission's regulations, the following is furnished for consideration i
by the Commission in determining whether the information sought to be withheld from public disclosure, included in the above referenced document, should be withheld.
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- 1. _ The infomation sought to be withheld from public disclosure are the experimental data on flow mixing within a reactor vessel, which is owned and has been held in confiderice by Combustion Engineering.
I
- 2. The information consists of test data or other similar data concerning a process, method or component, the application of which results in a substantial competitive advantage to Combustion Engineering.
l 3. The information is of a type customarily held in confidence by 1 Combustion Engineering and not customarily disclosed to the public.
i Combustion Engineering has a rational basis for determining the types of j infomation customarily held in confidence by it and, in that connection, i
utilizes a system to determine when and whether to hold certain types of l!
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information in confidence. The details of the aforementioned system were i provided to the Nuclear Regulatory Commission via letter DP-537 from j
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 l be received in confidence by the Comission.
- 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 maintenance of the information in confidence.
( )
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- 6. Public disclosure of the information is likely to cause substantial harm to the competitive position of Combustion Engineering because:
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- a. A similar product is manufactured and sold by major pressurized I water reactors competitors of Combustion Engineering.
- b. Development of this information by C-E required hundreds of )
manhours and hundreds 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 such information, a competitor would also require considerable time and inconvenience related to the development of experimental data on flow mixing within a reactor.
- d. The information required significant effort and expense to l 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 the experimental data on flow mixing within a reactor, 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 Engineer-ing, take marketing or other actions to improva 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.
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- 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 information 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 international marketplace would increase their ability to market nuclear steam supply 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.
i b-P.' L. McGill Vice President Commercial Sworn to before me this /f/3 day of fyg/f	 /9[fL
//JY Y CL $ ,Yd{/1c/A,
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i Notary Public l
CYNTlM T. KARAFFA NOTARY PUBUC Ci: J.itCUT NO. 6T455 STATf ,
Commisa Expkcs Mar;h 31,1987 l