ML20067D227
| ML20067D227 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 12/08/1982 |
| From: | Crouse R TOLEDO EDISON CO. |
| To: | Stolz J Office of Nuclear Reactor Regulation |
| References | |
| 883, NUDOCS 8212130088 | |
| Download: ML20067D227 (8) | |
Text
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%ms EDISON Docket No. 50-346 m_
License No. NPF-3
"'S' ess seas Serial No. 883 December 8, 1982 Nuclear Reactor Regulation Attention:
Mr. John F. Stolz Operating Reactor Branch No. 4 Division of Operating Renctors United States Nuclear Regulatory Commission Washington, D.C.
20555
Dear Mr. Stolz:
This is in response to your letter of November 9, 1982 (Log No. 1131)-
concerning a request for withholding information from public disclosure pursuant to 10 CFR 2.790.
Attached is an affidavit from Babcock and Wilcox which identifies the document (Fracture Toughness Test Results from Capsule TEl-F, The Toledo Edison Comp 1ny Davis-Besse Nuclear Power Station Unit No. 1 - Reactor Vessel Material Surveillance Program, March 1982, BAW-1719) and the ba'ses for withholding the report from public disclosure.
Very truly yours,
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RPC: GAB:lah attachment
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cc: DB-1 NRC Resident Inspector t
/ ODI 8212130088 821208 PDR ADOCK 05000346 P
PDR THE TOLEDO EDISON COMPANY EDISON P/.ZA 300 MAD; SON AVENt'E TOLEDO, 0910 43652 a
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Babcock &Vlilcox AFFIDAVIT-OF JAMES H. TAYLOR A.
My name is James H. Taylor.
I am Manager of Licensing in the Nuclear Power Generation Division of Babcock & Wilcox, and as such I'am authorized to execute this Affidavit.
'(
~B.
I am familiar with-the criteria applied by Babcock & Wilcox to de-termine whether certain information of Babcock & Wilcox. i; proprietary and I am familiar with the procedures established within Babcock & Wilcox, particularly the Nuclear Power Generation Division (NPGD), to ensure the proper application of these criteria.
g C.
In determining whether a Babcock & Wilcox document is to be classi-i fied as p oprietary information, an initial determination is made by the unit manager who is responsible for originating the document l
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 re-viewed again by Licensing personnel and other management within I
NPGD as designated by the Manager of Licensing to assure that the regulatory requirements of 10 CFR Section 2.790 are met.
D.
The following information is provided to demonstrate that the pro-l visions of 10 CFR Section 2.790 of the Commission's regulations have been considered:
I-(i)
The information has been held in confidence by the Babcock &
Wilcox Company.
Copies of the document are clearly identified I
as proprietary.
In addition, whenever Babcock & Wilcox l,
transmits the information to a customer, customer's agent, potential customer or regulatory agency, the transmittal re-j,,
quests 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 ii.
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Babcock &Wilcox AFFIDAVIT OF JAMES H. TAYLOR (Cont'd) provision is included in all proposals submitted by Babcock
& Wilcox, and an applicable version of the proprietary provision is included in all of Babcock & Wilcox'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 Suppliers' 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 confi-dence, 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 thereby.
Notwithstanding the above, Purchaser may provide the NRC.or any other regulatory agency with any such pro-prietary information as tha 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-pro-prietary.
In the event that Company cannot amend such proprietary information, Purchaser shall, prior to disclosing such information, use its best efforts to obtain a commitment from NRC or such other agency to have such information withhcld from public inspection.
(2)
Babcock &Wilcox AFFIDAVIT OF JAMES H. TAYLOR (Cont'd)
Company shall be given the right to participate in pursuit of such confidential treatment."
(ii) The following criteria are customarily applied by Babcock &
Wilcox 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 Babcock & Wilcox, its customers or suppliers.
b.
The information reveals data or material concerning Babcock
& Wilcox research or development plans or programs of present or potential competitive advantage to Babcock &
Wilcox.
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 or which results in a competitive advantage to Babcock &
Wilcox.
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 Babcock & Wilcox.
f.
The information contains ideas for which patent protection may be sought.
(3)
,)
Babcock &%5lcox AFFIDAVIT OF JAMES H. TAYLOR (Cont'd)
The document (s) listed on Exhibit "A", which is attached hereto and made a part hereof, has been evaluated in accordance with normal Babcock & Wilcox procedures with respect to classification and has been found to contain information which falls within one or more of the criteria enumerated above.
Exhibi t "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 avail-able 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 B&W.
(v) Specific information with regard to whether public disclosure of the information is likely to cause harm to the competitive position of Babcock & Wilcox, taking into account the value of the information to Babcock & Wilcox; the amount of effort or money expended by Babcock & Wilcox developing the information; and the case or difficulty with which the information could be 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 Babcock & Wilcox because it contains information which falls within one or more of the criteria enumerated in Paragraph D, and it is information which is customarily held in confidence and protected as proprietary in-formation by Babcock & Wilcox.
This report comprises information utilized by Babcock & Wilcox in its business which afford Babcock
& Wilcox an opportunity to obtain a competitive advantage over (4)
.o Babcock &Wilcox those who may wish to know or use the information contained in the document (s).
J r
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JAMESH.TA[dR State of Virginia SS.
Lynchburg City of Lynchburg James H. Taylor, being duly sworn, on his oath deposes and says that he is the person who subscribed his name to the foregoing state-ment, and that the matters and facts set forth in the statement are true.
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JAMESH.TAYLO/
Subscribed and sworn before me this 4
day o f 0 &wf/w,1982.
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edu N
LW Notary Public in and for the City of Lynchburg, State of Virginia My Commission Expires 464( ofg,/9#3 l
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(5)
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h&WilCOM Exhibit A 4
BAW-1719 " Fracture Toughness Test Results from Capsule TE 1-F, The Toledo Edison Company Davis-Besse Nuclear Power Station Unit 1 - Reactor Vessel Material Surveillance Program " March 1982.
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Exhibit B Description of Material Applicable Criteria BAW-1719, " Fracture Toughness Test b, c, d & e Results From Capsule TEl-F The Toledo Edison Company Davis Besse Nuclear Power Station Unit 1-Reactor Vessel Material Surveillance Program" March 1982 as noted below Page iv Summary Section 6.0 Discussion of Results Section 7.0 Summary of Results Item 4, paragraph lined in margin Appendix D & E & F - all Tables 5-1 & 5-2 Figures 5-1, 5-2, 6-1 & 6-2 l
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