ML20037A287
| ML20037A287 | |
| Person / Time | |
|---|---|
| Site: | Arkansas Nuclear  |
| Issue date: | 01/11/1979 |
| From: | David Williams ARKANSAS POWER & LIGHT CO. |
| To: | Stolz J Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19289A134 | List: |
| References | |
| NUDOCS 7907120601 | |
| Download: ML20037A287 (6) | |
Text
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ARKANSAS POWER & LIGHT COMPANY POST OFFICE BOX 551 LITTLE ROCK. ARKANSAS 72203 [501) 371-4000 January 11, 1979 2-019-7 Director of Nuclear Reactor Regulation ATTN:
Mr. J. F. Stolz, Chief Light Water Reactors Branch #1 U. S. Nuclear Regulatory Commission Washington, D. C.
20555
Subject:
Arkansas Nuclear One - Unit 2 Docket No. 50-368 License No. NPF-6 CPC Documentation
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(File:
2-1510)
Gentlemen:
In response to Staff questions presented in our meeting, with the Staff, on November 9, 1978, and subsequently received in your letter of December 13, 1978, the following information is provided.
Attached are eight copies of CEN-39(A)-P, Rev. 02, Proprietary (Copies 00001 through 00008), twenty copies of CEN-39(A)-NP, Rev. 02, Non-Proprietary, eight copies of CEN-39(A)-P, Supplement 1-P, Rev. 01, Proprietary (Copies 00001 through 00008), and twenty copies of CEN-39(A)-NP, Supplement 1-NP, Rev. 01, Non-Proprietary.
This information completes our response to all CPC Position 19 questions and, from the November 9, 1978, meeting, is understood to be sufficient to resolve all staff concerns and close out this issue. Your most ex-peditious approval of this procedure is requested.
Certain information contained in the enclosures is proprietary to Combustion Engineering, Inc. Pursuant to 10CFR2.790, it is requested that this information be withheld from public disclosure. Also in, accordance with 10CFR2.790(b) it is recognized that withholding this information from public inspection shall not affect the right, if any,
'of persons properly and directly concerned to inspect the information.
The non-proprietary versions of all enclosed proprietary documents are enclosed. Non-proprietary information on the CPC system software is also contained in Appendix 7A of the ANO-2 FSAR.
In addition the affidavits specified by 10CFR2.790(b) are enclosed. This information has been characterized as proprietary for one or more of the following reasons:
1.
The use of the information by a competitor would substantially decrease his expenditures, i.n time and resources, in designing, producing or marketing a similar product..
7 90'T 15 b@
MEMDEA MtOOLE SOUTH UTIUTIES SYSTEM
Mr. J.' F. S.tol: January 11, 1979 2.
This 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, Inc.
3.
The information reveals special aspects of a process, method, component or the like, the exclusive use of which results in a substantial competitive advantage to Combustion Engineering, Inc.
The information considered to be proprietary has been denoted by vertical brackets in the margins.
If you should have any questions concerning the proprietary nature of the material transmitted herewith, please address these questions'to:
Mr. A. E. Scherer Licensing Manager (9438-401)
Combustion Engineering, Inc.
1000 Prospect Hill Road Windsor, Connecticut 06095 We also request that you provide a copy of any questions concerning the proprietary nature of this submittal to the Arkansas Power 6 Light Company.
Very truly yours, Daniel H. Williams Manager, Licensing DHW:JTE:vb kttachments e
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AFFIDAVIT PURSUANT T010 CFR 2.790 Combustion Engineering, Inc. '
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State of Connecticut
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County of Hartford
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SS.:
I, A. E. Sc,herer depose and say that I am the Manager, Licensing of Combustio'n 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 anc submitting this affidavit in conformance with the provisions of 10 CFR 2.790 of the Commission's regulations and.in conjunction with the application for Arkansas Power and Light Company, for withholding this information.
The information for 'which proprietary treatment is sought is contained in the following docume.nt:
CPC Protection Algorithm Software Change Procedure, CEN-39(A)-P, Revision 2 and Revision 1 of Supplement 1-P thereto.
This document has been appropriately designated as' proprietary.
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 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.
i...
1.
The information sought to be withheld from public disclosure is the methods, procedures and equipment for implementing CPC software changes, which is owned and has been held in confidence by Combustion Engineering.
2.
The infon6ation 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 Combustian Engineering.
3.
The information is of a type customarily held in confidence by Combustion Engineering and not customarily disclosed te 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 Comission in confidence under the provisions of 10 CFR 2.790 with the understanding that it is to j
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 f
made pursuant to regulatory provisions or proprietary agreements which i
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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 majo pressurized water reactors competitors of Combustion Engineering.
m b.
Development of this information by C-E required thousands of man-hours of effort and tens of thousands of dollars.
To the best of my
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knowledge and belief a competitor would have to undergo similar expense in generating equivale't information.
n c.
In order to acquire such information, a competitor would also require considerable time and inconvenience related to developing equivalent methods, procedures and equipment for implementing CPC software changes.
d.
The information reg'uired 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 prod'uct-to which the information is applicable.
The infor[ nation consists of methods, procedures and equipment e.
for implementing CPC s'oftware changes, 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.
I The ability of Combustion Engineering's competitors to utilize such information
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without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.
g.
Use of the information by competitors i_n the international marketplace would increase their ability to market nuclear steam supply syste's by reducing the costs associated with their technology development.
m 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.
.c.
.A.E.Scyer Manager, Licensing Sworn to before me this 3 dayof/4#4
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- Ec:n: finch 31,1983 i
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