ML20063D197

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Affidavit Requesting Certain Info Contained in Encl CEN-207(C)-P,CEN-208(C)-P & CEN-249(C)-P Be Withheld Per 10CFR2.790
ML20063D197
Person / Time
Site: Waterford Entergy icon.png
Issue date: 06/30/1982
From: Mcgill P
ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY
To:
Shared Package
ML19268B078 List:
References
NUDOCS 8207010365
Download: ML20063D197 (4)
v • d • e


Text

AFFIDAVIT PURSUAf [

T0 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 infomation which is identified as proprietary and referenced in the paragraph immediately below. I am submitting this affidavit in confomance with the provisions of 10 CFR 2.790 of the Commission's regulations and in conjunction with the application of Louisiana Power and Light Company, for w:thholding this information.

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

CEN-207(C)-P, Waterford-3 Cycle 1 CPC/CEAC Data Base Document, June 1982.

CEN-208(C)-P, Waterford-3 Cycle 1 CPC/CEAC Phase II Software Verification Test Report, June 1982.

CEN-209(C)-P, CPC/CEAC Phase 1 Software Verification Test Report, Waterford-3 Cycle 1, June 1982.

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 furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure, included in the above referenced documents, should be withheld.

8207010365 820625 PDR ADOCK 05C00

1 The infonnation sought to be withheld from public disclosure are descriptions of the names of the constants and their values in the data base and the description of the testing, test apparatus, equipment configuration, applications program, creation dates, applications and executive programs memory maps, quantitative data, acceptance criteria and test evaluation for the CPC/CEAC system software, 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 pro-prietary.
4. The information is being transmitted to the Coninission 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 nty 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.
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 reacters competitors of Combustion Engineering.
b. Development of this infonnation by C-E required tens of 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 related to the development of CPC/CEAC data base and the testing of CPC/CEAC software.
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 descriptions of the names of the constants and their values in the data base and the description of the testing, test apparatus, equipment configuration, applications program, applications and executive programs memory maps, creation dates, quantitative data, acceptance criteria and test evaluation for the CPC/CEAC system software, 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 Corabustion Engineering's products and services, sig-nificant research, development, engineering, analytical, manufacturing, licensing,

-cf.

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.

g. Use of the infonnation by competitors in the international market-place 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.

P. L. McGill Vice President Coninercial Sworn to before me this39 day of sw , /9id f _v L u h  !'.9.ntn)

Notiry Puplic:/

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O CAREY I. WENZit. NOTARY PUBIJC S* ate of Conne;tia t No. 59362 Commission Empires Wrch 31,1985 l

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