ML20059J267
| ML20059J267 | |
| Person / Time | |
|---|---|
| Site: | McGuire, Mcguire  |
| Issue date: | 01/26/1994 |
| From: | Mcmeekin T DUKE POWER CO. |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML20059J271 | List: |
| References | |
| NUDOCS 9401310419 | |
| Download: ML20059J267 (8) | |
Text
I
-ll l
Duke Ibuer D>mpany T. C Mdtran McGube Nuclear Generation Depanment Vice l>esident 12700llagen TenyRoad(MG0nP)
(704)875 4800 Iluntenudle. NC:80788985 (704>8754809 Fax i
DUKEPOWER January 26, 1994 Document Control Desk U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
Subject:
McGuire Nuclear Station Docket Nos:
50-369 and 370
Dear Sir:
On September 29, 1993, the NRC Staff met with representatives of Duke Power Company and B & W Nuclear Technologies (BWNT) at the NRC's offices in Rockville, Md. The' purpose of this meeting was to discuss the results of Duke's investigation of an August 22, 1993 steam generator (SG) tube leak on McGuire Unit 1. Investigation had found a circumferential crack in SG hot leg sleeved tube (39-72).
Following the presentation, Duke agreed to:
1)
Investigate potential enhancements to the primary-to-secondary leakage monitoring program.
2)
Submit the technical report providing the basis for the susceptibility ranking system developed to predict the life factor of sleeved tubes.
3)
Have a conference call with the NRC Staff on the findings in McGuire Unit 2.
In response to each of these items:
1)
Enhancements to the primary-to-secondary leakage monitoring program were developed and were described to the NRC Staff in a January 5,1994 meeting on the McGuire Loss of Of fsite Power event.
2)
Enclosed are five copies each of BWNT documents #51-1228682-00, Evaluation of BWNT's Kinetic Sleeving Process" (Proprietary) and
- 51-1228707-01,
" Evaluation of BWNT's Kinetic Sleeving Process Non-Proprietary".
i 1
As this submittal contains information proprietary to BWNT, it 9401310419 940126
- 3 AQ d
0y
f l
e g
U.
S.
Nuclear Regulatory Commission
' January 26, 1994 Page 2 is supported by an. affidavit signed by BWNT, the' owner of the Information. The affidavit sets forth the basis on which the information may be withheld from public disclosure by ' the Commission and addresses with specificity the considerations listed in 10CFR2.790(b)(4).
Accordingly, it is requested that the information which-is proprietary to BWNT be withheld from public disclosure in accordance with 10CFR2.790. Correspondence with respect to the proprietary aspects of the attachments or the supporting BWNT affidavit should be addressed to J.
H.
- Taylor, Manager, Licensing Services, B&W Nuclear Technologies, 155 Mill Ridge Road, Lynchburg, Va 24502-4341.
3)
Following the Staff's review of the above information, a conference call will be arranged through the NRC Project Manager, if deemed necessary.
Please contact Robert Sharpe at (704) 875-4447 if there are any i
questions concerning this submittal.
Very truly yours,
/
-i f
.llfj)N I
T.
C. McMeekin t'
xc:
Mr.
S.D.
Ebneter Administrator, Region II U.S.
Nuclear Regulatory Commission 101 Marietta St.,
NW, Suite 2900 Atlanta, Ga.
30323 Mr. Victor Nerses U.S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Washington, D.C.
20555 Mr. G.F. Maxwell NRC Resident Inspector McGuire Nuclear Station i
1
)
i AFFIDAVIT OF JAMES H.
TAYLOR I
l A.
My name is James H. Taylor.
I am Manager of Licensing Serv 3ces for D&W Nuclear Technologies (BWNT), and as such I am_ authorized
)
to execute this Affidavit.
D.
I am familiar with the criteria applied by DWNT to determine whether certain information of BWNT is proprietary and I am familiar with the procedures established within BWHT to ensure-l the proper application of these criteria.
C.
In determining whether a BWNT 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 BWNT 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 BWNT.
Copies of the document are clearly identified as 1
proprietary.
In addition, whenever DWNT transmits the i
4 AFFIDAVIT OF JAMES 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 BWNT, and an applicable version of the proprietary provision is included in all of BWNT's contracts:
" 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 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
-i thereby.
Notwithstanding the above, Purchaser may provide the NRC or any other regulatory agency with any such proprietary information as the NRC or such other agency may require; 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
r d
AFFIDAVIT OF JAMES H. TAYLOR (Cont'd.)
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.
Company shall be given the right to participate in pursuit of such confidential treatment."
(ii)
The following criteria are customarily applied by BWNT 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:
a.
Information reveals cost or price information, commercial strategies, production capabilities, or budget levels of BWNT, its customers or suppliers.
b.
The information reveals data or material concerning BWNT research or development plans or programs of present or potential competitive advantage to BWNT.
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 j
component, the application of which results in a competitive advantage to BWNT.
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 BWNT.
3 4
wJ AFFIDAVTT OF JAMES H. TAYLOR (Cont'd.)
f.
The information contains ideas for which patent protection may be sought.
The document (s) listed on Exhibit "A", which is attached hereto and made a part hereof, has been evaluated in accordance with normal BWNT 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 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 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 BWNT.
(v) specific information with regard to whether public disclosure of the information is likely to cause harm to the competitive position of BWNT, taking into account the value of the information to BWNT; the amount of effort or money expended by BWNT developing the information; and-the case or difficulty with which the information could be properly duplicated by others is given in Exhibit "B".
'l E.
I have personally reviewed the document (s) listed on Exhibit "A" and have found that it is considered proprietary by BWNT because it contains information which falls within one or more of the j
4 i
(
l AFFIDAVTT OF JAMES H. TAYLOR (Cont'd.)
criteria enumerated in Paragraph D, and it is information which is customarily held in confidence and protected as proprietary information by BWNT.
This report comprises information utilized i
by BWNT in its business which afford BWNT an opportunity to obtain a competitive advantage over those who may wish to know or use the information contained in the document (s),
j
/
- ? ?N /.
N11 %
JAMES H. TAYLO State of Virginia)
)
SS. Lynchburg city of Lynchburg)
James II. 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.
hWh
/
[ JAMES H.
TAYLOR Subscribed and swo_q before me this 10 D* day of 'l Anm b-w 1993.
i s :wCL+-
ar -Qx n. os Notary Public in and for the City of Lynchburg, State of Virginia.
1 1
)
5
)
4 EXHTBIT A i
BWNT Document.#51-1228682-00,
" Evaluation of BWNT's Kinetic Sleeving Process" 9
t EXHIBTT B Proprietary Classification Criterion b,c,d E
d i
i a
{
2 t
-s 5