ML20073L675
| ML20073L675 | |
| Person / Time | |
|---|---|
| Site: | Arkansas Nuclear, Waterford  |
| Issue date: | 10/06/1994 |
| From: | Dewease J ENTERGY OPERATIONS, INC. |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| CNRO-94-00023, CNRO-94-23, NUDOCS 9410130236 | |
| Download: ML20073L675 (7) | |
Text
- _ - _ _ - _ _ _ _ _ _ _ _ _ _
l
?
e Entergy Operations,Inc.
cr~ ENTERGY m-3 Mi h MM
(
I g-Jerrold C. Dewease j
<c,
(
C I
l 1
October 6,1994 U.S. Nuclear Regulatory Commission Mail Station PI-137 Washington, D.C. 20555 Attention:
Document Control Desk SUlUECT:
Proprietary Topical Report ENEAD-01-P, Rev. O, " Qualification of Reactor Physics Methods for the Pressurized Water Reactors of the Entergy System," December 1993 Arkansas Nuclear One Unit 1 & 2 Docket Nos. 50-313 & 50-368 License Nos. DPR-51 & NPF-6 Waterfbrd 3 Steam Electric Station Docket No. 50-382 License No. NPF-38 CNRO-94/00023 l
f Gentlemen:
Entergy Operations, Inc. submitted the subject document fbr NRC review and approval by letter dated January 7,1994, (CNRO-94/00010). The report was submitted as a proprietary document pursuant to 10CFR2.790. Subsequent discussion with the NRC revealed that an affidavit documenting the basis for the proprietary submittal was also needed from Combustion Engineering in order for the NRC to issue final approval.
i Attached to this letter you will find the required affidavit from Combustion Engineering that documents the basis of the proprietary submittal in addition to the one submitted by Entergy Operations.
(
.,. s 9410130236 941006 J
fDR ADOCK 05000313 (pj eda
r Proprietary Topical Report ENEAD-01-P, Rev. O, " Qualification of Reactor Physics Methods for the Pressurized Water Reactors of the Entergy System," December 1993 October 6,1994 CNRO-94/00023 Page 2 of 2 As stated in our original letter, we request your approval by October 31,1995, in order to support our refueling schedules. Please contact Emmett Roan at telephone number (601) 368-5792 if additional information is required.
Sincerely, A
ifpy(y[)(,7n yyf'Aw (
/l
}/
/
var
/
N,~l 5,$ ( l[' f
/
JGD/egr attachment cc:
Mr. R. P. Barkhurst, w/o Mr. J. L. Blount, w/o Mr. R. F. Burski, w/o Mr. L. J. Callan, w/o Mr. J. L. Colvin, w/o Mr. C. B. Franklin, w/a Mr. G. Kalman, w/a Mr. II. W. Keiser, w/o Mr. R. B. Lang, w/a Mr. L. W. Laughlin,w/a Mr. R. B. McGehee, w/o Mr. J. L. Milhoan, w/o Mr. D. C. Mims, w/o Ms. N. G. Mosher, w/a Mr. F. T. Philpott, w/a Mr. N. S. Reynolds, w/o Mr. J. C. Roberts, w/o Mr. D. W. Vinci, w/o Mr. D. L. Wigginton, w/a Mr. J. W. Yelverton, w/o DCC (ANO)
Records Center (WF-3)
Corporate File [ 7 ]
AFFIDAVIT PURSUANT TO 10 CFR 2.790 Combustion Engineering, Inc.
)
State of Connecticut
)
County of Hartford
)
SS.:
j I,
S.
A.
Toelle, depose and say that I am the Manager, 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 conjunction with the application of Entergy Operations, Inc. and 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:
ENEAD-01-P, Rev.
O,
" Qualification of Reactor Physics Methods for the Pressurized Water Reactors of the Entergy System,"
December 1993.
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
- n..
4 consideration by the Commission in ' determining whether the information sought to be withheld from public disclosure, included in j
the above referenced document, should be withheld.
i 1.
The information sought to be withheld from public disclosure, which is owned and has been held in confidence by Combustion Engineering, is the Erbium used by Entergy Operations, Inc. in j
Tables 4.9-5,6, Figures 4.9-18,19,20, and 21, corresponding to Tables 3.2-1, Figure 8.4-2 including text, and Figures 8.4-2, 8.5-1,2,3, and 4 from CENPD-382-P-A.
h 2.
The information consists of test data or other similar data concerning a process, method or component, the application of which results in 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 document 4
8 rswr
+
+ - - - - -
e..--
+ - -. < -,...
herein is proprietary.
4.
The information is being transmitted to the Commission 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 my 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:
1 a.
A similar product is manufactured and sold by major i
pressurized water reactor competitors of Combustion Engineering.
b.
Development of this information by Combustion Engineering required thousands of manhours 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 to develop
~
~
the same information on the Erbium used by Entergy Operations, Inc. described in Tables 4.9-5,6, Figures 4.9-18,19,20, and 21, corresponding to Tables 3.2-1, Figure 8.4-2 including text, and Figures 8.4-2, 8.5-1,2,3, and 4 from CENPD-382-P-A.
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 the description of the Erbium used by Entergy Operations, Inc. in Tables 4.9-5,6, Figures 4.9-18,19,20, and 21, corresponding to Tables 3. 2-1, Figure 8.4-2 including text, and Figures 8.4-2, 8.5-1,2,3, and 4 from CENPD-382-P-A, 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, nochods or apparatus.
f.
In pricing Combustion Engineering's products and services, significant research, development, engineering, analytical, L
)
.s
, manuf acturing, licensing, 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 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 i
would have an adverse economic impact on Combustion Engineering's potential for obtaining or maintaining foreign licensees.
Further the deponent sayeth not.
/1 S. A.
I S.
A.
Toelle Manager Nuclear Licensing Sworn to before me 2
this A.3Ad dayoff 1994 otary Pub 1dc My commiselon expires:
3/ 99 I
l C
_ _ _ -. - - _ _ _ _ _ _ _ _ _