ML20062K809
| ML20062K809 | |
| Person / Time | |
|---|---|
| Site: | Byron, McGuire  |
| Issue date: | 12/10/1993 |
| From: | Taylor J BABCOCK & WILCOX CO. |
| To: | Conrad H Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19311B272 | List: |
| References | |
| JHT-93-301, NUDOCS 9312270269 | |
| Download: ML20062K809 (6) | |
Text
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8S20622 EWT SPIS F-189 T-786 P-032 DEC 13 '92 18:02 BW
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B&WNUCLEAR TECHNOLOGIES 155 Mm n.cp non l
Special Products & Integrated Services Division
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Teuccci 804-822 0522 December 10, 1993
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(JHT/93-301)
Mr. H. F.
Conrad U.S. Nuclear Regulatory Commission office of Nuclear Reactor Regulation l
Materials & Chemical Engineering Branch Washington, D.C.
20555-0001
Dear Mr. Conrad:
Please find attached a copy of EWNT document #51-1228682-00,
" Evaluation of BWNT's Kinetic Sleeving Process".
This repor.
provides the results of the root cause evaluation of the McGuire Unit 1 1993 tube failure as well as guidelines for evaluating in-service sleeves.
This report is classified as Proprietary by BWNT due to the technical findings and'conclusionn made during the evaluation of the McGuire root cause evalip.tien.
If a noa~ proprietary varsion of this document is needed, please inform me and it can be supplied in a timely manner.
Also, please find attached the affidavit supporting the proprietary classification.
sin
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!. H. T lor, Manager J
Licensing Services JMT/cw Attachments 9312270269 931217 I
1(DR ADOCK 05000454
- j PDR t
l AFFIDAVIT OF JAMES H_.
TAYLOR A.
My name is James H.
Taylor.
I am Manager of Licensing Services for B&w nuclear Technologies (BWNT), and as such I an authorized to execute this Affidavit.
l B.
I an familiar with the criteria applied by BWNT to determine whether certain information of BWNT is proprietary and I am familiar with the proceduros established within BWNT to ensure the proper application of these criteria.
l 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 those criteria, it is classified as proprietary by the l
criginating Unit Manager.
This initial dotormination is 1
reviewed by the cognizant Section Manager.
If the document is designated as proprietary, it is reviewed again by Licensing l
personnel and other management within BWNT as designated by the Manager of Licensing services to assure that the regulatory requirements of 10 CPR Section 2.790 are met.
D.
The following information is provided to deronstrate that the j
provisions of 10 CFR Section 2.790 of the Commission's l
regulations have been considered:
(1)
The information has been held in confidence by BWNT.
Copies of the document are clearly identified as proprietary.
In addition, whenever BWNT transmits the i
8320622 Bl&U SP]S F-189 T-?ES P--004 DEC 23 '93 19:02 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 custorer'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 neconcary.
Any propriotary information concerning company's or its supplier's products or nanufacturing processes which is so designated by company.or'its suppliers and disclosed to Purchaser incident to the performance of such contract shall remain tha property of CUmpany ur 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 Tanted to produce or have produced any products or t: practice or cause to be practiced any manufacturing processes covered thereby.
Notwithstanding the above, Purchaser may provide the NRC or any other regulatory agency Vith 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 infornation so as to nake it non-proprietary.
In the event that Cor.pany cannot amend such proprietary information, Purchaser 2
8320622 BuyT SPIS F-199 T-7ES P-035 DEC 13 '93 18:03 AFFIDAVIT OF JAMES H. TAYLOR (Cont'd.)
shall, prior to disclesing 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:
Information reveals cost or price infcrmation, a.
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 component, the application of which results in a competitive advantage to EWNT.
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 B'4NT.
3
_1
.8320E22 BUNT SPIS F-189 T-725 P-005 DEC 23 ' 93 18: 03 k
AFFIDAVIT OF JAMES H.'
TAY bOE ( 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 i
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 ar.d merle 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 thejinformation is likely to cause harm to the conpotitive position of SWNT, taking into account the value of the information to BWNT; the ar.ount of effort or money expended by;BWNT developing the information; and the case or difficulty with which the information could te properly duplicated by others is given in Exhibit "B".
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 er more of the 4
i
8320622 BJ4T SPIS F-109 T-796 P-327 IEC 13 ' 93 - 19: 03 l
i hPFIDAVIT OF JAMES H. TAYLOJ (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 coEprises information utilized 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).
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$1 &
X JAMES H.
AYLO State of Virginia)
)
SS. Lynchburg City of Lynchburg) l James H. 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.
. hN
[ JAMES H. TAYLOR Subscribed and sworn before me this l0** day of 'lle u m L.~
1993.
i i N u Gs-nrDo1~
Rotary Public in and for the City of Lynchburg, State of Virginia.
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