ML20050A934

Forwards Proprietary & Nonproprietary Documentation Packages for Sys 80 Plants Re Reactor Power Cutback Sys

ML20050A934
Person / Time
Site:	05000470
Issue date:	03/30/1982
From:	Scherer A ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY
To:	Eisenhut D Office of Nuclear Reactor Regulation
Shared Package
ML19268D122	List: ML20050A934 ML20050A935 ML20050A936 ML20050A937
References
LD-82-039, LD-82-39, NUDOCS 8204020415
Download: ML20050A934 (6)

Text

C-E Power Systems Tel 203/688-1911 Cornbustion Engineering. Inc. Te.ex 99297 1000 Prospect Hill Rcad Windsor, Connecticut 06095

' ~

s g M POWERSYSTEMS '

gcW3 3

~

017 ~4 APR O ) 6F s k March 30, 1982 Docket No.: STN-50-470F g ,e LD-82-039 Mr. Darrell G. Eisenhut, Director Division of Licensing U. S. Nuclear Regulatory Commission Washington, D. C. 20555

Subject:

CESSAR Open Item #3

Reference:

Letter A. E. Scherer to H. R. Denton, dated October 30, 1981

Dear Mr. Eisenhut:

Transmitted herewith are 40 proprietary and 40 non-proprietary copies of the documentation package for the System 80 plants concerning the Reactor Power Cutback System (RPCS). The enclosure contains: (1) a description of the CPC sof tware changes to accommodate the RPCS; (2) the CPC software qua,jification test plan; and (3) a summary of the safety analysis. This information is being supplied according to the schedule described in the reference and is intended to complete the C-E input that the Staff needs to close out CESSAR open item #3.

Items (1) through (3) abova are similar to documents CEN-197(C)-P, CEN-195(C)-

P, and CEN-200(C)-P, which are being submitted separately on the Waterf ord 3 docket. Enclosure 1 of this submittal differs slightly from CEN-197(C)-P in that the CESSAR submittal contains some additional minor changes to the CPC software for System 80.

Enclosures 2-P and 3-P are essentially identical to CEN-195(C)-P and CEN-200(C)-

P, respectively.

The Phase I and Phase II CPC test reports are plant specific documents. As stated in the reference, these will be supplied by August 31, 1982 on the Palo Verde docket.

Lfr hdh.

0Aage:

o for ?h f W@w g.,

e ,,, e pr,, ,

, ue a

B204020415 820330 PDR ADOCK 05000470 A PDR

Mr. Darrell G. Eisenhut March 30, 1982 Due to the proprietary nature of the material contained in the enclosures, we request that it be withheld from public disclosure in accordance with the provisions of 10CFR 2.790 and tnat this material be safeguarded. The reasons for the proprieta ry classification of this report are delineated in the enclosed affidavit.

If I can be of any additional assistance in this matter, please contact me or Mr. G. A. Davis of my staff at (203)688-1911, Extension 2803.

Very truly yours, COMBUSTION ENGINEERING, INC.

42. -

A. E. Scherer Director Nuclear ! icensing AES:ctk Enclosures cc: C. I . Grimes

m AFFIDAVIT PURSUANT TO 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, Conmercial 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 documents:

CPC/CEAC Sof tware Modifications for System 80 (Enclosure 1-P to LD-82-039)

System 80 CPC/CEAC Protection Algorithm Test Plan (Enclosure 2-P to LD 039)

Safety Evaluation of the Reactor Power Cutback System (Enclosure 3-P to LD-82-039)

These documents have been appropriately designated as proprietary.

I have personal knowledge of the criteria and procedures utilized by Canbustion 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.

l

2

1. The information sought to be withheld f rom public disclosure a: the CPC/CEAC algorithm, algorithm testing, test data and software modifications as well as the conservatisms in and quantitative results of the safety evaluation of the Reactor Power Cutback System modification and the resulting plant margins, 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 Commissior, via letter DP-537 f rom F.M. Stern to Frank Schroeder dated December 2, 1974. This system was applied in determining that the subject document herein are proprietary.

4. The information is being transmitted to the Conmission in confidence under the provisions of 10 CFR 2.790 with the understanding that it is to be received in confidence by the Comaission.

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.

i 1

3 )

l

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 nanufactured and sold by major pressurized water reactors competitors of Combustion Engineering,

b. Development of this information by C-E required thousands of manhours of effort and tens 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 developing and evaluating a CPC/CEAC algorithm test program, developing a CPC/CEAC sof tware change and conducting a safety evaluation of the Reactor Power Cutback System.

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 applicable.

e. The information consists of the CPC/CEAC algorithm, algorithm testing, test data and software modifications as well as the conservatisms in and qualitative results of the safety evaluation of the Reactor Power Cutback Systen modification and the resulting plant margins, the application of which provides 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.

4

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.The ability of Combustion Engineering's competitors to utilize such information without similar expenditure of resources may enable them to sell at p.' ices reflecting significantly lower costs.

9 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.

' ', f/, f j ',/^

/H f'h L P. L. McGill Vice President Commercial Sworn to before ne this 36 day of /Nd/ j@y Notary Public (CY[ hlAdkf DAWN E. SANDER, NOTAi!Y FUBUC State of Connectice! No. 66536 Commission Expires Arch 31,1986 9 , - -_ - - -