ML20070D618

Affidavit of Jh Taylor Re SER for Return to Svc After Repair of Steam Generators.B&W Info Considered Proprietary

ML20070D618
Person / Time
Site:	Three Mile Island
Issue date:	12/03/1982
From:	Taylor J BABCOCK & WILCOX CO.
To:
Shared Package
ML19268D514	List: ML20070D604 ML20070D618
References
NUDOCS 8212150113
Download: ML20070D618 (7)

Text

e Babcock &Wilcox 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 Affidavi t.

B. I am familiar with the criteria applied by Baocock & Wilcox to de-termine whether certain information of Babcock & Wilcox is 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.

C. In determining whether a Babcock & Wilcox document is to be classi-fied 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 documer' 'esignated as proprietary, it is re-viewed again by Licenst el and other management within NPGD as designated by the 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-visions of 10 CFR Section 2.790 of the Commission's regulations have been considered:

(i) The information has been held in confidence by the Babcock.&

Wilcox Company. Copies of the document are clearly identified as proprietary. In addition, whenever Babcock & Wilcox transmits the in, formation to a customer, customer's agent, potential custener or regulatory agency, the transmittal re-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 D

8212150113 821210 PDR ADOCK 05000289 P PDR

_ 7._

_.E . . . _ ___

s B;abcock&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 & Wilcor.'s contracts:

" Purchaser may retain Company's Proposal for use in connection with cny 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 S.uppliers 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 the NRC or such other agency may require; provided, however, that Purchaser shall l

firs t give Company written notice of such proposed l

disclosure and Company shall have the right to amend such proprietary information so as to make it non-pro-l prietary. In the event that Company cannot amend l such proprietary information, Purchaser shall, prior

! to disclosing such information, use its best efforts to ob ta i n a commi tr..en t from NRC or such other agency l to have such nf:r .n ti on wi thh:1d '"r - ublic q.

2

? (2) -

-- "**~**:==.*

. . .;e.. .:... . .. . ~.

s .

BabcockCNilcox AFFIDAVIT OE.jM27 .. 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. I n~f o rma ti o n may be classified as proprietary if one or more of the following c r i te r-i a-a re - me t . -

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 competitar_ 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 concerr.ing a process, method or component, the application or which results in a competitive- advantage to Babcock &

Wilcox.

e. The irformation reveals special aspects of a process ~, method ~,

component or the like, the exclusive use of which results.in a competi tive advantage to Babcock & Wilcox.

f. The information contains ideas for which patent protection may be sought.

(3) 7 m. _

ww:,:,.: .+ .. .

g. . . . . .~_ . s ~ - s -m~;._. ; . ---

Babcock &Wilcox 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. Exhibit "B", which is attached hereto and made a part hereof, specifically ide.ntifies the cr'iteria 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 ease or difficulty with which the informaticn could be properly duplicated by others is given in Exhibit "B".

E. I have personally reviewed the document (s) listed on Exhibit "A" and l

~

have found that it is considered propriatary 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-l formation by Babcock & Wilcox. This report comprises information utilized by Baccock & Wilcox in its business which afford Babcock

& Wila- :. n 3 nortunity to obtain a competitive advantagc over (4) e

= = ew em .-e.e-60-e * =++e====-agt -- espesuree--w+^*>Mwe-hw*****="**********

m * * * * * * ' * * ' - -

" * * * * * * " " * " * * * * ' * ' ' ' " ' * ~ * * ^ * * * * ' * * * * ~ ~ ~* ""

Babcock &Wilcox those'who may wish to know or use the information contained in the document (s).

) Qt 3- .-g Jpud .v' asm JAMES H. TiYLOR State of Virginia)

SS. Lynchburg CityofLynchburgl 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.

%j l / ,9 / ."

u f9A:# VWM

- JAMES H. TAYLOR

/

Subscribed and sworn before me this 3 day o d hme/~ ) 982.

D dn i. VI d.&

Notary Public in and for the City .

of Lynchburg, State of Virginia "~"

My Commission ExpiresO'[ML 43, /M3 1

1 .

(5)

. . . . . - - - . . . - - - , . - - - - - - - - - - - - - - - - ~ - - - - - ~ - ~ ~ ~ -

l..---.

, .,-..._.._..--.-~.----,---_..--

Babcock &Wdcox Exhibit A

" Assessment of TMI-1 Plant Safety for Return to Service After-Steam Generator Repair", GPUN Topical Report 008, Rev. O, Nov. 30, 1982.

G l

l l

i I

I I

e1 m

m l'

i E -

..,_,_een.,o

' * 'm '*=w no .s - _ '~ ^ --

• n-- - - - - . - . _ _ . . ,, , __ _,, , _

e Babcock &Wilcox Exhibit B 4

Description of Material ADplicable Criteria

" Assessment of TMI-l Plant B, C, D & E Safety for Return to Service After Steam Generator Repair" GPUN Topical Report No. 008, Re,v. O, November 30, 1982 .

Portions as noted below Fig. 1-4 Page 23, 24 Section III-D .

and page 25 paragraph lined in margin ,

Page 32 Section V A2 Page 33, 34 & 35 Section V B i

Page 35 Section V C la .

Page 36 " " lb Page 37 & 38 Section V C Ic Page 39 Section V C ld, e f Page 39-40 Section V C 2 Page 40 Section V C 2b Page 43 Section VI A j Page 44, 45 & 46 Section VI c t

l 4

e l

H :::- :^~:~.*:::T~ ~:' ~ ~T: Y:.'"'  ?:^:~ ~I  ::: X: L~ ~J: ~ -- -

= -- ~ :- -

'A