ML20073G863

Forwards CE Proprietary ABB Cenp Critical Experiments in Reactor Critical Facility of Rensselaer Polytechnic Inst. Encl Withheld (Ref 10CFR2.790)

ML20073G863
Person / Time
Site:	Rensselaer Polytechnic Institute
Issue date:	04/30/1991
From:	Harris D RENSSELAER POLYTECHNIC INSTITUTE, TROY, NY
To:	Michaels T NRC
Shared Package
ML19298E437	List: ML20073G863
References
NUDOCS 9105060058
Download: ML20073G863 (6)

Text

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MEhiORANDUhi April 30,1991 TO:

Ted Michaels 4

NRC I? ROM:

Dr. D.R. Harris, Director RPIRCF As per your request enclosed is the material requested.

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y ArrIDAVIT PURSUAllT TO 10 CPR 2.790 Combustion Engineering, Inc.

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Stato of Connecticut

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County of llartford

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I, S. A. Toollo, deposo and say that I am the Manager, operating Reactor Licensing, of Combustion Engineering, Inc., duly authorized to make this affidavit, and have reviewed or caused to have reviewod the information which is identified as proprietary and referenced in the paragraph immediately below, I ao submitting this affidavit in conformance with the provisions of 10 CFR 2.790 of the Commission's regulations and in conjunction with Rensselaer Polytechnic Instituto for withholding this information.

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

"ABB CENP Critical Experiments in The Reactor Critical Facility of RPI," March, 1991.

This document has boon appropriately designated as propriotary.

I have personal knowledge of the critoria and proceduros utilized by combustion Engineering in designating information as a trado

secret, privileged or as confidential commercial or financial information.

0.

, Pursuant to the provisions of paragraph (b) (4) of Section 2.790 of the Commission's regulations, the following is furnished for considoration by the Commistaion in determining whether the information sought to be withhold f rom public disclosure, included in the above referenced document, should be withhold.

1.

The information sought to be withhold from public disclosure is the calculation of and requirements for technical specification physics paramotors for fuel containing orbium burnable absorbers, 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 procosa, method or component, the application of which results in substantial competitivo 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 datormining the types of information customarily hold in confidence by it and, in that connection, utilizes a system to datormine when and whether to hold certain types of information in confidence.

The details of the aforemontioned system woro provided to the Nuclear Regulatory Commission via letter DP-537 from F.

M.

Stern to Frank Schroodor dated December 2,

1974.

l This system was applied in determining that the subject document herein is propriotary.

4.

The information is being transmitted to the Commission in

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confidenco under the provisions of 10 CPR 2.790 with the understanding that it is to be received in confidence by tho Commission.

5.

The information, to the best of my knowledge and belief, is not available in public sourcos, and any disclosure to third parties has boon mado pursuant to regulatory provisions or proprietary agrooments which provido for maintenance of the information in confidence.

6.

Public disclosure of the information is likely to cause cubstantial harm to the competitivo position of combustion Engincoring because:

a.

A similar product is manufactured and sold by major pressurized water reactor competitors of combustion I

Engineering.

b.

Development of this information by C-E required thousands of manhours and hundreds of thousands of dollars.

To the boat of my knowledge and belief a competitor would have to undergo similar expenso in generating equivalent information.

c.

In order to acquire such information, a competitor would also require considerable timo and inconvunience to calculato and develop the requirements for technical specification physics paramoters for fuel containing erbium burnable absorbers.

l d.

The information required significant effort and expenso to obtain the licensing approvals necessary for application of J

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the information.

Avoidance of this expenso would decrease a

competitor's cost in applying tho information and marketing the product to which the information is applicable.

c.

The information consists of the calculation of and requirements for technical specification physics paramotors for fuel containing orbium burnable absorbors, the application of which provides a

competitive-oconomic advantago.

The availability of such information to competitors would enable them to modify their product to bottor compoto with Combustion Engincoring, tako 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, engincoring, analytical, manuf acturing, licensing, quality assuranco and other costs and expenson must be included.

The ability of combustion Engineering's competitors to utilizo such information without similar expendituro of resourcos may enable thom to soll ht pricos reflecting significantly lower costs.

g.

Use of the information by competitors in the international I

marketplaco would increase their ability to market nuclear steam supply systems by reducing the costs associated with their technology development.

In addition, disclosure l

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• would have an adverse economic impact on combustion Enginocring's potential for obtaining or maintaining foreign licenseos.

Purther the deponent sayeth not.

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A. Toollo Manager Operating Reactor Licensing Sworn to before me this 9'!rn day of 47otm'/

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. Notary I'ublic Hy commission Expires:

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