ML20037A231
| ML20037A231 | |
| Person / Time | |
|---|---|
| Site: | Calvert Cliffs  |
| Issue date: | 05/07/1979 |
| From: | Lundvall A BALTIMORE GAS & ELECTRIC CO. |
| To: | Reid R Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20037A232 | List: |
| References | |
| NUDOCS 7905090049 | |
| Download: ML20037A231 (5) | |
Text
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BALTIMORE GAS AN D ELECTRIC COMPANY GAS AND ELECTRIC DUILDING BALTIMOR E, M ARYLAN D 21203 Ammun E. tv ovatt.Ja.
!'ay 7,1979 v.cs Passiot ='
sum.
Office of Nuclear Reactor Regulation U. S. Nuclear Rectlatory Commission Washington, D. C.
20555 Attn:
Mr. Robert W. Reid, Chief Operating Reactors Branch #h Division of Orerating Reactors
Subject:
Calvert Cliffs Nuclear Power Plant Unit No. 1, Docket No. 50-317 Cycle h Peload Resnonses to Questions
Reference:
(a) BG&E letter dated 2/23/79 from A. E. Lundvall to R. W. Reid, Fourth Cycle License Application (b) NBC letter dated h/13/79 from R. W. Beid to A. E.
Lundvall, Jr., same subject Gentlemen:
Reference (a) submitted our arplication for an amendment to Operating License DPR-53 to allov operation of Unit No. 1 for a fourth cycle.
Reference (b) requested additional information relative to that application.
Enclosed are h0 conies of the proprietary version of the infor=ation requested in Reference (b), 20 copies of the non-proprietary version, and an original and 39 copies of a siened affidavit frem Conbustion Engineering in support of a request that the proprietary version of the information be withheld from public disclosure pursuant to 10 CFR 2 790.
We have deter.ined that no additional fee is required for this submittal pursuant to 10 CFR Part 170 inasmuch as i,t constitutes supplementary information to the original request.
Very truly yours,"
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&YA.L 274 uJ. t s
cc - J. A. Biddison, Esquire G. F. Trowbridee, Esquire Mr. E. L. Conner, Jr. - NRC Mr. P. W. Kruse - CE 79050900%
AFFIDAVIT PURSUANT T0 10 CFR 2.790 Combustion Engineering, Inc.
)
State of Connecticut
)
County of Hartford
)
SS.:
I, F. M. Stern depose and say that I am the Vice President, Engineering
&-Development 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 affidotit in conformance with the provisions of 10 CFR 2.790 of the Commission's regalations and in conjunction with th 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 107 (B)-P Response to flRC Questions on the "Calvert Cliffs Unit I Cycle 4 Reload Submittal" Appendix l-P, April 25, 1979.
This document has been appropriately designated as proprietary.
I have personal knowledge of the criteria and procedures utilized by s
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 the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public. disclosure, included in the above referenced document, should be withheld.
e
.... 1.
The information sought to be withheld from public disclosure is specific design and inspection details 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 in a substantial competitive advantage to Combustion Engineering.
3.
The information is of a type customarily held in confidence by Combustion Engineering and not customarily disclosed to the public.
Combustion Engineering r,as 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 determ'11ng 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 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 maintenance of the information in confidence.
6.
Public disclosure of the information is likely to cause substantial harm to the competitive position of Combustion Engineering because:
a.
A similar product is manufactured and sold by major pressurized water reactors competitors of Combustion Engineering.
i
-.. -. b.
Development of this information by C-E required hundreds of man-hours of effort 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 analyses and to obtaining access to test reactor facilities and conducting extensive in-pile testing.
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 specific design and inspection details, including test data relative to a process, method or apparatus, 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.
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 l
reflecting significantly lower costs.
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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.
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F. M. Stern Vice President, Engineering & Development Sworn to before me this 26th day of April 1979 Notary Public USA G. WA!CU 3.5, r;07Any pagu; S!;ta cf Cxa::;;.;f :::,. 5;;;2 Cmerict Evrc: ev:n 3],1933 L.
C-E POWER SYSTEf1S COMBUSTION ENGINEERING, INC.
RESPONSE TO NRC QUESTIONS ON THE CALVERT CLIFFS UNIT I CYCLE 4 RELOAD SUBMITTAL APPENDIX 1-NP, APRIL 25, 1979 NONPROPRIETARY VERSION DOCUMENT NUMBER: CEN 107-(B)-NP ISSUED:
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