ML20039C068

Affidavit Re Justification for Request That Proprietary Suppl Be Withheld Per 10CFR2.790.Contracts W/Ge,Kraftwerk Union Aktiengasellschaft & PA Power & Light Impose Litigation.Proprietary Suppl Withheld (Ref 10CFR2.790)

ML20039C068
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	12/06/1981
From:	James Smith LONG ISLAND LIGHTING CO.
To:
Shared Package
ML19268A644	List: ML20039C050 ML20039C068
References
NUDOCS 8112280372
Download: ML20039C068 (4)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of

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LONG ISLAND LIGHTING COMPANY )

(Shoreham Unit 1) Nuclear Power a on, St

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ti Docket No. 50-322

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AFFIDAVIT OF JEFFREY L. SMITH

\ Jeffrey L.

k Smith, being duly sworn

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I am Manager, Special Project , states as follows:

Nuclear Power Station ,

s of the Shoreham

\ 2 Unit 1, of Long Island Lighti I have been delegated the f ng Company (LILCO) .

Plant Design Assessment for S unction of reviewing the Shoreham Nuclear Power Stati RV and LOCA Loads, Proprietary Supplement ,

(Proprietary Supplement) on, Unit 1, Revision 5, December, 1981 the Supplement from publi, and requesting that the NRC Staff withhold and confidential 3.

commercial ormation. infc disclosure s trade secretsbecause it c The Proprietary Supplement confidentiala.

commerciala inform ticontains trade secrets and Kraftwerk Union Aktiengesellon for the following reaso a technology providing improved schaft (KWU) has developed suppression containment system steam quenching capabilities i

s. n pressure required the expenditure of lar KWU's developmental research program ge amounts of time and money .

In order A ..

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to recoup this investment; KWU has offered to sell the quencher- .' ' 'y L ,

information derived from its research program to utility companies x

! provided that they maintain that information secret and confidentin1. ,*.*

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Thus, when LILCO purchased the quencher information from KWU f, use y- Q$ .

in the Shoreham design, one condition of the purchase agreemeitt was

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that LILCO would maintain the secrecy and confidentiality of the .

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quencher information. The agreement does permit LILCO to disclose s C~

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i the information, on a need-to-know basis, to its employees, its x

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consultants, and the NRC in connection with the construction and N. q' licensing of Shoreham. , ,

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b. KWU also Eold the quencher information to Pennsylvania f e Power & Light Company (PP&L) . PP&L has sponsored a full-scale test ,

program to verify the analyses used to design the quencher. This test program required the expenditure of large amounts of time'and C

-q3 money. In order to recoup this investment, PP&L*has offered to selp 7, {

information derived from its test program to utility companies provid'ed * -

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that they maintain that information secret and confidential. Thus,, 7 whenLILCOpurchasedthetesbinformationfromPP&Lforuseinthe .

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Shoreham design, one condition of the purchase agreement was that ,

LILCO would maintain the secrecy and confidentiality of the information acquired-from PP&L. The agreement permits'LILCO to disclose'the'infor-mation, on a need-to-know basis, to its employees, its consultants ,

and the NRC in connection with the construction and licensing of Shoreham.

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g3 fer The quencher information developed by KWU and PP&L

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KWU,-PP&L and LILCO have maintained that informa-tion ' secret and confidential. When any of them have conveyed that

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information to a private party, the recipient has agreed to keep

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and confidential. When PP&L submitted their quencher

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v information to the NRC for the Susquehanna Steam Electric Station,

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it was apcompanied by a request that the NRC withhold the information

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public disslosure.

, 9 y d( qThe information contained in the Proprietary

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..~ 3 Supplement isJased on the quencher information that LILCO obtained s,q w '

efrom[kWU s s -

and PP&L. ~- Ther9, f ore, as indicated in paragraphs 3.a-b 3 ,

,aQove, LILCO is* obligated to' maintain the information in the Proprie-

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tury Supplement secret and confidential. It has fulfilled this A i

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and continues to do'c'o with this request that the NRC s;

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the Proprietary Supplement from public disclosure.

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\W ,. e. LILCO's estimated cost, to obtain the information from g ']EWUandPP&Lis$1,200,000. LILCO has engaged Stone & Webster

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[' . A Engineering Corporation to perform the analysis reflected in the

Proprietary Supplement at an estimated cost of approximately $150,000.

It would cost someone else at least the same amounts-to acquire and/or develop the same information. The information in the Proprietary Supplement-is not publicly available and it.is of a type usually held secret and confidential.

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4. For the above reasons, the'Propri'etary Supplement contains trade secrets and confidential commercial information and, therefore, should be. withheld from public disclosure.

I Jpffe L. Smith Subscribad and sworn to before me l

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this 16th day of December, 1981.

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NAfiCY J. SCHMIIT

cDRY PUBUC. Ltde et Hen York ca.' 52G6330, piolk Cour.y n.!ra Exp!

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