ML20050B355

Forwards Proprietary & Nonproprietary Partial Response to NRC Questions on CEN-161(B)-P,Improvements to Fuel Evaluation Model. Proprietary Version Available in Central Files Only

ML20050B355
Person / Time
Site:	Calvert Cliffs
Issue date:	03/26/1982
From:	Lundvall A BALTIMORE GAS & ELECTRIC CO.
To:	Clark R Office of Nuclear Reactor Regulation
Shared Package
ML19268D137	List: ML20050B355 ML20050B362
References
NUDOCS 8204050241
Download: ML20050B355 (6)

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BALTIMORE s GAS AND I .G@"' ' ,,

ELECTRIC 2 , dN 7 CHARLES CENTER . P.O. BOX 1475 BALTIMORE, MARYLAND 21203 i #R 03 7 ?

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ARTHUR E. LUNDVALL. JR.

ViCC PRESIDENT SUPPLY Ql Ih March 26,1982 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 SUB3ECT: Calvert Cliffs Nuclear Power ant Unit No. I and Unit No. 2 Docket No. 50-317 and 50-318 Third Partial Response to Questions on FATES 3 (CEN-161-(B)-P REFE RENCE (A): R. A. Clark to A. E. Lundvall letter dated 12/8/81, Questions on FA1 ES3 (B): A. E. Lundvall to R. A. Clark letter dated 2/2/82, Partial Response to Questions on FATES 3 (C): A. E. Lundvall to R. A. Clark letter dated 3/10/82, Second Partial Response to Questions on FATES 3 Gentlemen:

Reference (A) posed thirteen (13) multipart questions on the FATES 3 topical report. Reference (B) responded to Questions Nos. 8,10,11,12, and

13. Reference (C) responded to Questions Nos. 7 and 9. Enclosures (1) and (2) to this letter are proprietary and non-proprietary versions respectively of responses to Question Nos. I through 6 and thereby complete a full response to Reference (A).

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8204050241 820326 PDR P ADOCK 05000317 PDR

Office of Nuclear Reactor Regulation March 26,1982 Page 2 Enclosure (3) is a proprietary affidavit which requests that Enclosure (1) be withheld from public disclosure in accordance with the provisions of 10 CFR 2790.

Should you have any questions, please contact us.

Very truly yours, BALTIMORE GAS AND ELECTRIC COMPANY f/I J*

V [

A.-E. Lpndvall, Jr. /

Vice Pr'esident - Supply I AEL/WJL/mit

Enclosures:

(1) Partial Response to NRC Questions on CEN-161-(B)-P, Improvements to Fuel Evaluation Model, CEN-193(B)-P, Supplement 2-P, March 21,1982 (Proprietary), Copies 1-25 (2) Partial Response to NRC Questions on CEN-161-(B)-P, Improvements to Fuel Evaluation Model, CEN-193(B)-P, Supplement 2-P, March 21,1982 (Non-Proprietary), 15 Copies (3) Proprietary Affidavit Copies to: 3. A. Biddison, Esquire (w/out enclosures)

G. F. Trowbridge, Esquire (w/out enclosures)

D. H. Jaffe, NRC (Copy No. 26 of Encl. (1))

P. W. Kruse, CE (w/out enclosures)

1 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, 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 provit. ions of 10 CFR 2.790 of the Commission's regulations and in conjunction with the application of Baltimore Gas and Electric Company, for withholding this information.

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

CEN-193(B)-P, " Partial Response to NRC Questions on CEN-161(B)-P",

January 29, 1982.

CEN-193(B)-P, Supplement 1-P, " Partial Response to NRC Questions on CEN-161(B)-P".

I CEN-193(B)-P, Supplement 2-P, " Partial Response to NRC Questions on

(

i CEN-161(B)-P".

These documents have 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 furnishec for consideration by the Commission in determining whether the information sought to be withheld from public disclosure, included in the above referenced documen',s, should be withheld.

1. The information sought to be withheld from public disclosure are

! fuel rod fission gas release data from Calvert Cliffs Unit 1 and from the Super-Ramp and Over-Ramp programs as well as the specific methods by which input data for FATES 3 is selected and combined, 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 l 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.

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 manufactured 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 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 obtaining measurements of fission gas release from irradiated fuel rods and generation of the methods for selecting and combining input data for the FATES 3 computer code.

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 fuel rod fission gas release dita from Calvert Cliffs Unit 1 and from the Super-Ramp and Over-Ramp programs as well as the specific methods by which input data for FATES 3 is selected and combined, 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 Engineer 1ng's product, and avoid developing similar data and analyses in support of their processes, methods or apparatus.

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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 prices 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 aevelopment.

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.

O ,

P. L. McGill Vice President Commercial Sworn to before me I

this h 3 day of /IfM 6 j "I f d a w; ) ([ji,s. ,)

Notary Public d

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