ML20040E118

Forwards Proprietary & Nonproprietary Copies of Response to Round 1 Question 440.40 on Cessar Fsar,To Be Used as Part of Cesec Review

ML20040E118
Person / Time
Site:	05000470
Issue date:	01/29/1982
From:	Scherer A ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY
To:	Eisenhut D Office of Nuclear Reactor Regulation
Shared Package
ML19297F308	List: ML20040E118 ML20040E121
References
LD-82-009, LD-82-9, NUDOCS 8202030136
Download: ML20040E118 (5)

Text

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C-E Power Syst:ms Tel. 203[688-1911 -

Combustion Engineenng. Inc. Telex: 99297 8 ch 1000 Prospect Hill Road 'Y ./

Windsor. Connecticut 06095 4 '

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Docket No.: STN-50-470 January 29, 1982 LD-82-009 Mr. Darrell G. Eisenhut, Director Division of Licensing U. S. Nuclear Regulatory Commission Washington, D. C. 20555

Subject:

PWR Information Request Package

Enclosure:

CESSAR-F Response to RSB Question 440.40 Proprietary # 1 thru 10

Dear Mr. Eisenhut:

Transmitted herewith is 10 proprietary and 40 non-proprietary copies of the Combustion Engineering response to the PWR information request provided in Reactor Systems Branch CESSAR Round 1 Question 440.40, which is to be used as part of the CESEC review. Although this information is being provided on the CESSAR Final Safety Analysis Report (CESSAR-F) docket, it is our understanding that the Staff's audit of the CESEC computer model is not specifically tied to the CESSAR-F review. Therefore we consider this issue closed on the CESSAR-F docket.

Due to the proprietary nature of the material contained in the enclosure, we request that it be withheld from public disclosure in accordance with the provisions of 10 CFR 2.790 and that this material be safeguarded. The reasons for the proprietary classification of this report are delineated in the enclosed affidavit.

Very truly you s, b[

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T. E / cherer Director c L e.,a S* t Ge .l Nuclear Licensing , gp t?DR ' ^' d AES:ctk  ; gp g

Enclosure N7< 1 i aP cc: C. I. Grimes (w/o encl.)

8202030136 820129 PDR ADOCK 05000470 A PDP

AFFIDAVIT PURSUANT T0 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 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 affidavit in conformance with the provisions of 10 CFR 2.790 of the Commission's regulations and in conjunction with the application of CESSAR, for withholding this information.

The information for which proprietary treatment is sought is contained in the following document:

Response to Reactor Systems Branch Round One Question 440.40 on the CESSAR FSAR.

J 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.

1.- The information sought to be withheld from public disclosure are the methodology related to and the data used in the safety analysis calculations, 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 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 infcrmation 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 Co: mission.

5. The information, to the best of my knowledge and belief, is not available in pdblic sources, and any disclosure to third parties has been made pursuant to regulatory provisions or proprietary agreements which i

l 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:

a. A similar product is manufactured and sold by major pressurized water reactors competitors of Combustion Engineering.

b. Development of this information by C-E required tens of thousands of manhours 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 the development of data and methods used in safety analysis calculations.

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 i applicable.

l l e. The information consists of data and computational methods used in safety analysis calculations, the application of which providcs 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.

. -4 The ability of Combustion Engineering's'competi ors to utilize such information without similar expenditure of resources may enable them to sell at prices

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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' P. L. McGill Vice President Commercial Sworn to before me this .27 day of [&2utv2 s ' /f&p

. Notary Public C$ (1A' DAWN F. SANDER, NOTARY PU?LIC Staie of Ccnnecticut No. C536 Comx::sion Expires March 3L 1936 1

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