ML20042E789

Forwards Proprietary Topical Rept BAW-10178P, Mark-BW Thermal Hydraulic Applications for Trojan Nuclear Plant, for Review & Approval.Rept Withheld (Ref 10CFR2.790)

ML20042E789
Person / Time
Site:	Trojan File:Portland General Electric icon.png
Issue date:	04/25/1990
From:	Walt T PORTLAND GENERAL ELECTRIC CO.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19302E079	List: ML20042E789
References
NUDOCS 9005030132
Download: ML20042E789 (7)

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April 25, 1990 Trojan Nuclear Plant i

Docket 50-344 License NPF-1 U.S. Nuclear Regulatory Commission Attna Document Control Desk Washington D.C.

20555

Dear Sirs:

Topical Report BAW-10178P

" Mark-BW Thermal-Hydraulic Applications for the Trojan Nuclear Plant" Attached for review and approval is proprietary Topical Report BAW-10178P,

" Mark-BW Thermal-Hydraulic Applications for the Trojan Nuclear Plant".

In accordance with Title 10, Code of Federal Regulations, Part 2.790, "Public I

Inspections, Exemptions, Requests for Withholding", a copy of the affidavit l

and application for Withholding of BAW-10178P from Public Disclosure is i

provided in Attachment. A.

Accordingly, we request t. hat you treat BAW-10178P (Attachment B) as proprietary information.

The review and approval of this report. supports the spring 1991 fuel raload.

Sincerely, j

l T. D. Walt Acting Vice President, Nuclear Attachments c

Mr. John B. Martin Regional Administrator, Region V U.S. Nuclear Regulatory Co:nmission Mr. David Stewart-Smith St. ate of Oregon Department of Energy Mr. R. C. Barr NRC Resident Inspector Trojan Nuclear Plant 0

9003030132 900423

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FDR ADOCK 03000344

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P PDC 121 SW Satron Set, Pood. Oregan 97204 I

Trojen Nuc1 car Plant Docu;Gnt Control Desk Dockst 50-344 Attech:2nt i Licon:o NPP-1 Page 1 of 7 AFFIDAVIT OF JAMES H. TAYLOR l

A.

My name is James H. Taylor.

I am Manager of Licensing Services in the B&W Nuclear Services company (BWNS), which is a part of B&W Nuclear Technologies (BWNT).

The B&W Fuel Company is administratively responsible to B&W Nuclear Technologies and utilitzes the BWNS Licensing Services.

Therefore I am authorized to execute this Affidavit.

I B.

I am familiar with the criteria applied by B&W to determine whether certain information of B&W is proprietary and I am familiar with the procedures established within B&W, particularly the Nuclear Services Company, to ensure the proper application of these criteria.

C.

In determining whether a B&W document is to be classified as proprietary information, an initial determination is made by the Unit Manager, who is responsible for originating the document, as to whether it falls within the criteria set forth in Paragraph D hereof.

If the information falls within any one of these criteria, it is classified as proprietary by the originating Unit Manager.

This initial determination is reviewed by the cognizant Section Manager.

If the document is designated as proprietary, it is reviewed again by Licensing personnel and other management within BWNS as designated by the Manager of Licensing Services to assure that the regulatory requirements of 10 CFR Section 2.790 are met.

D.

The following information is provided to demonstrate that the provisions of 10 CFR Section 2.790 of the Commission's regulations have been considered (i)

The information has been held in confidence by B&W.

Copies of the document are clearly identified as proprietary.

In addition, whenever BtW transmits the l

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Trojan Nuc1 car Plent Docu2:nt Control Dek Dockst $0-344 Attcch:2nt A License NPP-!

Pago 2 of 7 AFFIDAVIT OF J AMES H. TAYLOR (Cont'd.)

information to a customer, customer's agent, potential customer or regulatory agency, the transmittal requests the recipient to hold the information as proprietary.

Also, in order to strictly limit any potential or actual-customer's use of proprietary information, the following provision is included in all proposals submitted by B&W, and an applicable version of the proprietary provision is l

included in all of B&W's contracts:

i

" Purchaser may retain Company's proposal for use in connection with any contract resulting therefrom, and, for that purpose, make such copies thereof as may be necessary.

Any proprietary information concerning Company's or its supplier's products or l

manufacturing processes which is so designated by Company or its suppliers and disclosed to purchaser incident to the performance of such contract shall remain the property of Company or its Suppliers and is disclosed in confidence, and Purchaser shall not publish or otherwise disclose it to others without the written approval of Company, and no rights, implied or otherwise, are granted to produce or have produced any products or to practice or cause to be practiced any manufacturing processes covered thereby.

Notwithstanding the above, Purchaser may provide the i

NRC or any other regulatory agency with any such proprietary information as the NRC or such other agency may requires provided, however, that Purchaser shall first give Company written notice of such proposed disclosure and Company shall have the right to amend such proprietary information so as to make it non-proprietary.

In the event that company cannot amend such proprietary information, Purchaser 2

Irojen Nucle:r Plent Docu;snt Control Deck Docket 50-344 At techunt A 1,1 cons 2 NPF-1 Page 3 of 7 AFFIDAVIT OF JAMES H. TAYLOR (Cont'd.)

i shall, prior to disclosing such information, use its best efforts to obtain a commitment from NRC or such other agency to have such information withheld from public inspection.

j company shall be given the right to participate in pursuit of such confidential treatment."

(ii)

The following criteria are customarily applied by B&W in a rational decision process to determine whether the information should be classified as proprietary.

Information may be classified as proprietary if one or more of the following criteria are met:

I a.

Information reveals cost or price information, commercial strategies, production capabilities, or budget levels of B&W, its customers or suppliers.

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t b.

The information reveals data or material concerning B&W research or development plans or. programs of present or potential competitive advantage to B&W.

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l c.

The use of the information by a competitor would decrease his expenditures, in time or resources, in designing, producing or marketing a similar product.

d.

The information consists of test data or other similar data concerning a process, method or t

component, the application of which results in a competitive advantage to B&W.

e.

The information reveals special aspects of a process, method, component or the like, the exclusive use of which results in a competitive advantage to B&W.

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Troj:n Nuclear Plant Docu;;nt Control Desk Dockst 50-344 At t cc ha2nt A Licensa NPF-1 Page 4 of 7 AFFIDAVIT OF JAMES H. TAYLOR (Cont'd.)

l f.

The information con'tains ideas for which patent j

protection may be sought.

I The document (s) listed on Exhibit "A",

which is attached hereto and,made a part hereof, has been evaluated in accordance with normal B&W procedures with respect to classification and has been found to contain information which falls within one or more of the criteria enumerated above.

Exhibit "B", which is attached hereto and made a part hereof, specifically identifies the criteria t

applicable to the document (s) listed in Exhibit "A".

(iii)

The document (s) listed in Exhibit "A", which has been made available to the United States Nuclear Regulatory Commission was made available in confidence with a request that the document (s) and the information contained therein be withheld from public disclosure.

(iv)

The information is not available in the open literature l

and to the best of our knowledge is not known by Combustion Engineering, EXXON, General Electric, Westinghouse or other current or potential domestic or foreign competitors of B&W.

I (v)

Specific inforniation with regard to whether public disclosure of the information is likely to car?e harm to the competitive position of B&W, taking into 4 ':ount the value of the information to B&W the amount of effort or money expended by B&W developing the information; and the ease or difficulty with which the information could be properly duplicated by others is given in Exhibit "B".

E.

I have personally reviewed the document (s) listed on Exhibit "A"

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and have found that it is considered proprietary by B&W because it contains information which falls within one or more of the 4

Trojen Nuc1Gcr Plcnt Docu;cnt Control Desk Docket 50-344 Attcchasnt A Licen:o NPF-1 Pago 3 of 7 t

AFFIDAVIT OF JAMES H. TAYLOR (Cont'd.)

i criteria enumerated in Paragraph D, and it is information which is customarily held in confidence and protected as proprietary l

information by B&W.

This report comprises information utilized r

by B&W in its business which afford B&W an opportunity to obtain a competitive advantage over those who may wish to know or use i

the information contained in the document (s).

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i A

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JAMESH.TAhR State of Virginia)

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SS. Lynchburg City of Lynchburg) l James H. Taylor, being duly sworn, on his oath deposes and says that he is the person who subscribed his name to the foregoing statement, and that the matters and facts set forth in the statement are true.

7 kW' 4

JAMESH.TAYdR t

Subscribpd and sworn pefore me n

this RdlT~ day of W/ DAM'o 1990.

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' f{G.(

Notary' u ic in and for the City of L chb rg, State of Virginia

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l-Trojcn Nuc1 car Plant.

.Docum:nt Control Desk-Dockct-$0-344

'Attcchesnt A Liconss NPF-l'

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Exhibit A I

1 Mark-BW Thermal-Hydraulic Applications for the Trojan Nuclear Plant

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1 BAW-10178P-l March 1990-

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.Trojen Nucicar Plent Docunsnt Centrcl Desk Dock 3t 50-344 Attachasnt A Licon33 NPF-1 Pego 7 of.7 i

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Exhibit B i

Descriotion of Material Applicable criteria Mark-BW Thermal-Hydraulic Applications a,b,c,d for the Trojan Nuclear Plant l

BAW-10178P l

March 1990 h

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