ML20049J324
| ML20049J324 | |
| Person / Time | |
|---|---|
| Site: | Calvert Cliffs  |
| Issue date: | 03/10/1982 |
| From: | Lundvall A BALTIMORE GAS & ELECTRIC CO. |
| To: | Clark R Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20049J325 | List: |
| References | |
| NUDOCS 8203150059 | |
| Download: ML20049J324 (6) | |
Text
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/BALTIM ORE GAS AND ELECTRIC CHARLES CENTER.P. O. BOX 1475. BALTIMORE, MARYLAND 21203 ARTHun E. LUNDVALL JR.
vice PRES > DENT
"~"
March 10,1982 Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D. C. 20555 ATTENTION: Mr. R. A. Clark, Chief Operating Reactors Branch #3 Division of Licensing
SUBJECT:
Calvert Cliffs Nuclear Power Plant Unit No. I and Unit No. 2 Docket Nos. 50-317 and 50-318 Second Partial Response to Questions on FATES 3 (CEN-161(B)-P)
REFERENCES (A):
R. A. Clark to A. E. Lundvall letter dated 12/8/81, Questions on FATES 3 (CEN-161(B)-P)
(B):
A. E. Lundvall to R. A. Clark letter dated 7/8/81, FATES 3 (C):
A. E. Lundvall to R. A. Clark letter dated 2/2/82, Partial Response to Questions on FATES 3 Gentlemen:
Reference (A) posed thirteen (13) multipart questions on the FATES 3 topical report, Reference (B). Enclosures (1) and (2) to this letter are proprietary and non-proprietary versions respectively of responses to Question Nos. 7 and 9./
Reference (C) provided a first partial response to the questions.
Additional partial responses will be submitted in time to complete answers to all questions listed in Reference (A) by the end of March 1982.
Enclosure (3) is a proprietary affidavit which requests that Enclosure (1) be withheld from public disclosure in accordance with the provisions of 10 CFR 2.790.
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fW 8203150059 820310 PDR ADOCK 05000317 P
Office of Nuclear Reactor Regulation March 10,1982 Page 2 Should you have any questions, please contact us.
Very truly yours, BALTIMORE GAS AND Ei,ECTRIC COMPANY
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,A. E Lundvall, Jr.
Vic President - Su ly WJL/AEL/djw
Enclosures:
(1) Partial
Response
to NRC Questions on CEN-161(B)-P, Improvements to Fuel Evaluation Model, CEN-193(B)-P (Supplement 1-P), March 4,1982. Copies 1-25
()
Partial Response to NRC Questions on CEN-161(B)-P, Improvements to Fuel Evaluation Model, CEN-193(B)-NP (Supplement 1-NP), March 4,1982.10 copies (3) Proprietary Affidavit Copies To:
J. A. Biddison, Esquire (w/out Enclosure)
G. F. Trowbridge, Esquire (w/out Enclosure)
D. H. Jaffe - NRC (Copy No. 27 of Enclosure (1))
P. W. Kruse, CE (w/out Enclosure)
AFFIDdVITPURSUANT T0 10 CFR 2.790 J
Combustion Engineering, Inc.
)
State of Connecticut
)
County of Hartford
)
SS.:
I, A. E. Scherer depose and say that I am the Director, Nuclear Licensing 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 f
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 Baltimore Gas and Electric Co., for withholding this information.
The information for which proprietary treatment is sought is contained in the following document:
CEN - 193(B) - P, Supplement 1-P, " Partial Response to NRC Questions on CEN 161(B) - P".
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.
j 1
i 1.
The information sought to be withheld from public disclosure are fuel rod test data from the Super-Ramp and Over-Ramp programs which is owned and has been held in confidence by Combustion Engineering.
2.
The information cerisists 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 information 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 Commission.
5.
The information, to the best of my knowledge and belief, is not available in public sources, and any disclosure to third parties has been made pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.
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6.
Public disc'losure of the irlformation is likely to cause substantial harm to the competitive position of Combustion Engineering because:
N a.
A s,imilar product is manufactured and sold by major pressurized i
water reactors competitors of Combustion Engineering.
l
- b., Development of this information by C-E required 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
!e
^
generating equivalent inforpiation.
44 In order to acquire such information, a competitor woulp' E \\
c.
also require considerable time and inconvenience related to obtaining measurements of fission gas release from irradiated fuel rods.
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d.
The infomation required significant effort and expense,to obtain the licensing approvals necessary for application of the information. 3 g
\\,i Avoidance of this expense would decrease a competitor's cost in applying the information and rarketing the product to which the information is i
applicable.
t e.
The information consists of fuel rod test data from the Super-Ramp and Over-Ramp prograa the ~ application of which provides a competitive i
economic advantage ~. The' availability of such information to competitors would enable them to modify their product to better compete with Combustion Engineering, take marketin,g or other actions to improve their product's position or impair the position of Combustion Engineering's product, and l
avoid developing similar data and analyses in support of thhir processes, methods or apparatus.
f.
In pricing Combustion Engineering's products and services, significant research, development, engineering, analytical, manufacturing, licensing, quality assurance and othcr costs and expenses must be included.
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1 The ability of Combustion Engineering's competitors to utilize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.
/
g.
Use of the information by competitors in the international mark'etplace 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.
J AJA &
A. E. d erer i
Director Nuclear Licensing Sworn to before me E/
this5 day of 7/h t4A, /V fe) aus] }l. ll E pc.v 0 Notary Publiti CAIU;yJ.WCJH, % lY MlilC S: ate ci Ccxcct.cd h L;?
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