ML20046C928
| ML20046C928 | |
| Person / Time | |
|---|---|
| Site: | Fort Calhoun  |
| Issue date: | 07/26/1993 |
| From: | Steven Bloom Office of Nuclear Reactor Regulation |
| To: | Tira Patterson OMAHA PUBLIC POWER DISTRICT |
| References | |
| TAC-M85843, TAC-M858444, TAC-M858445, NUDOCS 9308130047 | |
| Download: ML20046C928 (5) | |
Text
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ps au UNITED STATES
[. '* [ tj NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 26, 1993 Docket No. 50-285 Mr. Terry L. Patterson Division Manager - Nuclear Operations Omaha Public Power District fort Calhoun Station FC-2-4 Adm.
Post Office Box 35'9 Hwy. 75 - Nr,rth of Fcrt Calhoun Fort Calhoun, Nebraska 68023-0399
Dear Mr. Patterson:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE -
FORT CALHOUN STATION, UNIT 1 (TAC NOS. M85843, M85844 AND M85845)
By your application dated February 5, 1993, as supplemented June 25, 1993, which enclosed Westinghouse Electric Corporation's affidavit dated May 11, 1993, and Combustion Engineering, Inc.'s affidavits dated May 19 and 24, 1993, you submitted OPPD-NA-8301-P (Proprietary) and OPPD-NA-8301-NP (Non-proprietary), entitled " Omaha Public District Nuclear Analysis Reload Core Analysis Methodology Overview," Revision 05, dated January 1993; OPPD-NA-8302-P (Proprietary) and OPPD-NA-8302-NP (Non-proprietary), entitled " Omaha Public Power District Nuclear Analysis Reload Core Analysis Methodology, Neutronics Design Methods And Verification," Revision 03, dated January 1993; and OPPD-NA-8303-P (Proprietary) and OPPD-NA-8303-NP (Non-proprietary),
entitled " Omaha Public Power District Nuclear Analysis Reload. Core Analysis Methodology, Transient and Accident Methods and Verification," Revision 04, dated January 1993.
You requested that this material be withheld from public disclosure pursuant to 10 CFR 2.790.
You stated that the submitted Westinghouse information should be considered exempt from mandatory public disclosure for the following reasons:
1.
The information reveals the distinguishing aspects of a process (or component,. structure, tool, method, etc.) where prevention of its use by Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.
i 2.
The information consist of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g.,
by optimization or improved marketability.
3.
The information, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture,T shipment, installation, assurance of quality, or licensing a similar
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Mr. Terry L. Patterson
- 4.
The information reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or 1
suppliers.
5.
The information reveals aspects of past, present or future Westinghouse or customer funded development plans and programs of potential commercial value of Westinghouse.
6.
The information contains patentable ideas, for which patent protection may be desirable.
In addition, you also stated that the submitted Combustion Engineering (CE) information should be considered exempt from mandatory public disclosure for the following reasons:
1.
A similar product is manufact',J and sold by major pressurized water reactor (PWR) competitors of CE.
2.
Development of this information by Ci aquired thousands of manhours and millions of dollars. A competitor would have to undergo similar expense in generating equivalent information.
3.
In order to acquire such information, a competitor would also require considerable time and inconvenience developing a reload methodology and accuracy benchmarks, and analyzing transients for reload cores.
4.
The information required significant effort and expense to obtain the licensing approvals necessary for application of information. Avoidance of this expense would decrease a competitor's cost in applying the information and marketing the product to which the information is applicable.
5.
Tha information consists of a methodology for reload fuel engineering and nuc1 tar design methodology accuracy benchmarks, and transient analysis input iequirements to the DNB LSSS (TM/LP trip) and DNB LCO setpoint analyns, the application of which provides a competitive economic ottantage. The availability of such information to competitors would enable them to modify their product to better compete with CE, take marketing or other actions to improve their product's position or impair the position of CE's product, and avoid developing similar data and analyses in support of their processes, methods or apparatus.
6.
In pricing CE's products and services, significant research, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included. The ability of CE's competitors to utilize such information without similar expenditure or resources may enable them to sell at prices reflecting significantly lower costs.
Mr. Terry L. Patterson I 7.
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 CE's potential for obtaining or maintaining foreign licensees.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, the version (s) of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.
Withholding from public inspection shall not affect the right, if aay, of persons properly and directly concerned to inspect the documents.
If the need arises, we may send copies of this information to our consultants working in tnis area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.
If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC.
You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information.
In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, ORIGINAL SIGNED BY:
Steven Bloom, Project Manager Project Directorate IV-1 Division of Reactor Projects - III/IV/V Office of Nuclear Reactor Regulation cc:
See next page DISTRIBUTION:
Docket File NRC PDR Local PDR PD4-1 Reading PNoonan SBloom Tchan JRoe MPSiemien,0GC EAdensam ABBeach, RIV LA:PD4r:IM PM:PD4-1 OGC Dd D(A):PD4-1 PNoonahh 4hbm MPSibien TEhan NN 7/ /f/93
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FJ85843. PRO
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r Mr. Terry L._Patterson 7.
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 CE's potential for obtaining or maintaining foreign licensees.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have i
determined that the submitted information' sought to be withheld contains.. trade secrets or proprietary commercial information.
Therefore, the version (s) of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.
Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents.
If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.
l If the basis for withholding this_ information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should.
understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request.
includes 'your information.
In all review situations, if the NRC makes a i
determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, t
K Steven Bloom, Project Manager Project Directorate IV-1.
Division of Reactor Projects - III/IV/V Office of Nuclear. Reactor Regulation j
cc: See next page
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Mr. Terry L. Patterson Omaha Public Power District Fort Calhoun Station, Unit No. 1 L
cc:
Harry H. Voigt, Esg.
l LeBoeuf, Lamb, Leiby & MacRae i
1875 Connecticut Avenue, NW Washington, D.C.
20009-5728 Mr. Jack Jensen, Chairman Washington County Board of Supervisors Blair, Nebraska 68008 Mr. Raymond P. Mullikin, Resident Inspector U.S. Nuclear Regulatory Commission Post Office Box 309 Fort Calhoun, Nebraska 68023 Mr. Charles B. Brinkman, Manager Washington Nuclear Operations Combustion Engineering, Inc.
12300 Twinbrook Parkway, Suite 330 Rockville, MD 20852 Regional Administrator, Region IV l
U.S. Nu: lear Regulatory Commission 611 Ryar Plaza Drive, Suite 1000 Arlingtoc. Texas 76011 Harold Borchert, Director Division of Radiological Health Nebraska Department of Health 301 Centennial Hall, South Post Office Box 95007 Lincoln, Nebraska 68509
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i Mr. James W. Chase, Manager Fort Calhoun Station Post Office Box 399 Fort Calhoun, Nebraska 68023 Mr. S. A. Toelle, Manager Nuclear Licensing l
l Combustion Engineering, Inc.
j 1000 Prospect Hill Road 3
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Post Office Box 500 l
Windsor, Connecticut 06095-0500 i
Mr. Nicholas J. Liparulo, Manager Nuclear = Safety and Regulatory Activities Westinghouse Electric Corporation Post Office Box 355 Pittsburgh, Pennsylvania 15320-0355
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