ML20038A655

Requests That Proprietary Version of Cement Solidification Topical Rept Be Withheld (Ref 10CFR2.790). Affidavit Encl

ML20038A655
Person / Time
Site:	Summer
Issue date:	11/09/1981
From:	Marsh C CHEM-NUCLEAR SYSTEMS, INC.
To:	Office of Nuclear Reactor Regulation
Shared Package
ML19262F767	List: ML20038A653 ML20038A655 ML20038A659
References
NUDOCS 8111160118
Download: ML20038A655 (3)

Text

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CHEM-NUCLEAR SYSTEMS INC.

W. P.O. Box 1866 e Bellevue, Washington 98009 e (206) 8270711 e

November 9, 1981 U. S. Nuclear Regulatory Comission Light Water Reactor Branch #2 Division of Project Management Washington, D. C. 20555

Reference:

CNSI Cement Solidification Topical Report Gentlemen:

Chem-Nuclear Systems, Inc. respectfully requests that those copies of the referenced report which are marked as containing proprietary information be withheld from public disclosure as they contain infomation which is held by Chem-Nuclear as trade secret or privileged commercial data. This request is made pursuant to the provisions of Section 2.790 of Title 10 Code of Federal Regulations. Enclosed is an affidavit in support of the request to withhold this proprietary infomation from public disclosure.

A total of sixty copies of the referenced report have been forwarded to the attention of James R. Miller. In accordance with the current rules of practice, our submittal was comprised of forty copies of the non-proprietary version and twenty copies of the proprietary version.

Your cooperation in this matter is greatly appreciated. If you need further infometion concerning the withholding of the proprietary version of the referenced report, please do not hesitate to contact me.

Sincerely, CHEM-NUCLEAR SYSTEMS, INC.

/I Chryl A. Marsh f'^

Licensing Coordinator

. CAM

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Enclosure:

Affidavit cc: David G. Ebenhack, Director l Regulatory Affairs /CNSI 8111160118 811109 PDR ADOCK 03000395 A PDR

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AFFIDAVIT SUBMITTED TO NUCLEAR REGULATORY COMMISSION CONCERNING CONFIDENTIAL INFORMATION AND TRADE SECRETS CONTAINED IN CHEM-NUCLEAR SYSTEMS, INC., CEMENT SOLIDIFICATION

_. TOPICAL REPORT 1

STATE OF WASHINGTON )

) ss:

COUNTY OF KING )

David G. Ebenback states as follows on behalf of Chem-Nuclear

] Sys tems , Inc. :

1. I am the Director of Regulatory Affairs for Chem-Nuclear Systers, Inc.

2. I have reviewed and am familiar with the contents of the report prepared by Chem-Nuclear Systems, Inc., dated November 9, 1981, and entitled "CNSI Cement Solidification System Topical Report"

! (hereinaf ter "the Report").

3. Chem-Nuclear Systems, Inc. (hereinafter "CNSI") has submitted sixty copies of the Report to the Nuclear Regulatory Commission. Twenty copies of such report contain proprietary information which should be withheld from public disclosure. The other forty copies of the Report I furnished to the Commission do not contain proprietary information, as trade secret inforration and privileged commercial data have been removed from these copies so as to make them available for such public disclosure as may be requested.

4 CNSI, as part of its radioactive waste disposal services, provides a cement solidification unit which in many respects is a l system unique to CNSI. Detailed information concerning the desigr. and

'; operation of the cement solidification system has always been neld in confidence by CNSI. The engineering design for the unit, and the process used in mixing and solidifying liquid radioactive waste is considered j confidential information that includes Company trade secrets incorporated into such design and processes, which confidential information is deleted from the forty copies of the abbreviated CNSI Report furnished to the Commission and available for public disclosure.

Employees of CNSI sign an agreement regarding protection of trade secret information at the time of entering Company employment, and the data contained in the proprietary version of the Report submitted to the Commission contains the type of information CNSI regards as protected and of the type not to be disclosed to unauthorized persons, including especially competitors, by present or former employees.

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5. CNSI has obtained a competitive edge in the field of liquid radioactive waste solidification because of its extensive experience in the field and financial comitment to research, development and design concerning system components and improvements. CNSI mobile units, chemical process operating procedures, and process control procedures are presently superior to the equipment used by competitors for similar processes and this superiority is the basis on which system details are being withheld.

The information contained in the proprietary version of +,ae Report is not available from public sources.

6. Public disclosure of the proprietary version of the Report would cause substantial harm to the competitive position of CNSI. The Company has invested in the neighborhood of $1 million over the last two years in engineering salaries and capital equipment investment, and has comitted to capital construction $1.5 million so as to refine and improve CNSI's radioactive waste solidification system. Competitors of CNSI would have great difficulty in duplicating the system developed by CNSI, due not only to the financial investment of the company, but also to the unique skills, talents and expertise of CNSI employees who developed the system which is described in detail in the proprietary version of the Report.

7. The right of the public to disclosure of information held by the government is protected by the submission by CNSI of forty copies of the Report with confidential trade secret information omitted, and therefore, the CNSI competitive position clearly deserves protection, in regard to the twenty copies of the Report containing confidential informa tion.

Jrmbb A David G. Ebenhack, Director Regulatory Affairs s

STATE OF WASFINGTON )

) ss:

COUNTY OF KING )

On this 9th day of November,1981, before me, a Notary Public in and for the State of Wast.ington, duly comissioned and sworn, personally appeared David G. Eber. hack to ne known to be the Director of Regulatory Affairs for Chem /Lclear Systems, Inc., and on oath stated that he was authorized to make this affidavit on behalf of the corporation.

IN WITNESS WHERE0F, I have set my hand and affixed my official seal the day and year first above written. F

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NOTARY PUBLIC in and for thejS tate of Washington, res'iding ini .% , ,

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