ML20062N687

Forwards C-E Proprietary & Nonproprietary Versions of Slides from C-E/NRC/BNWL Meeting on Fates 3,Bethesda,MD, 820709. Affidavit for Withholding Encl.Proprietary Version Withheld (Ref 10CFR2.790)

ML20062N687
Person / Time
Site:	Calvert Cliffs
Issue date:	08/17/1982
From:	Lundvall A BALTIMORE GAS & ELECTRIC CO.
To:	Clark R Office of Nuclear Reactor Regulation
Shared Package
ML19297F467	List: ML20062N687 ML20062N752
References
NUDOCS 8208230305
Download: ML20062N687 (5)

Text

BALTI M O RE GAS AND ELECTRIC CHARLES CENTER. P. O. BOX 1475 BALTIMORE, MARYLAND 21203 ARTHUR E. LUNDVALL. JR.

v cc pacs.oce August 17,1982 SUPMV 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 Nos. I and 2, Docket Nos. 50-317 and 50-318 Slides of FATES 3 Meeting,7/9/82 4

Gentlemen:

Enclosed are the slides presented by Combustion Engineering,Inc. at a meeting with NRC and Battelle Laboratories on the subject of FATES 3. Mr. Dave Jaffe requested that we docket the slides in support of the licensing action on FATES 3.

Enclosures (1) and (2) are proprietary and nonproprietary versions respectively of the slides. Enclosure (3) is an affidavit requesting that Enclosure (1) be withheld from public disclosure in accordance with the provisions of 10 CFR 2.790.

Very truly yours, BALTIMORE GAS AND ELECTRIC COMPANY dr~ 4<WL ~

A. E'. Luhdvall, Jr. /

Vice President - Supply /

AEL/WJL/djw

Enclosures:

(1) CEN-215(B)-P, Slides from CE/NRC/BNW Meeting on FATES 3, Bethesda, Maryland, July 9,1982 (Proprietary) Copies 1-24 (2) CEN-215(B)-NP, Slides from CE/NRC/BNW Meeting on FATES 3, Bethesda, Maryland, July 9,1982 (Nonproprietary)- 15 copies (3) Proprietary Affidavit O!

Copies To: s J. A. Biddison, Esquire G. F. Trowbridge, Esquire gjy nP D. H. Jaffe - NRC (Copy #26) 'I g 7peJ7 P. W. Kruse - CE R. E. Architzel- NRC (Copy #25) g 6 g g ,y,, d j gp 82O8230305 820817 LPOL / @

PDR ADOCK 05000317 P PDR NTU l N[j

AFFIDAVIT PURSUANT T010 CFR 2.790 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 submitting this affidavit in conformance with the provisions of 10 CFR 2.790 of the Commission's regulations for withholding this information.

The information for which proprietary treatment is sought is contained in the.following document:

CEN-215(B) - P; Slides from CE/NRC/BNW Meeting on FATES 3 in Bethesda Md on July 9,1982 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.

1. The information sought to be withheld from public disclosure are the C-E Fission Gas Release Model, model predictions and the supporting data base, 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 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 i

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 l 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 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 tens of thousands of manhours of effort and millions 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 related to the development a fission gas release model.

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 C-E Fission Gas Release Model, model predictions and the supporting data base, 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.

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.

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The ability of Combustion Engineering's competitors to t.tilize such information without similar expenditure of resources may enable them to sell at prices reflecting c:gnificantly lower costs.

g. 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.

Amr A.E.ScIrer Director Nuclear Licensing Sworn to before me this3Cy' L day of ffJ9[2.-

J1Yl>OL x l AbMINA '

W Nothry Public -

CYNTHlA T. KARAFFA, NOTARY PUBUC STATE OF CONNECTICUT NO. 63355 Commission Expires March 31,1987,