ML20077D956

Forwards Corrected Affidavit for Withholding Supporting Matl to License Amend for RCF Critical CX-22 Facility (Ref 10CFR2.790)

ML20077D956
Person / Time
Site:	Rensselaer Polytechnic Institute
Issue date:	05/30/1991
From:	Jonsson A ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY, ASEA BROWN BOVERI, INC.
To:	Michaels T Office of Nuclear Reactor Regulation
References
NUDOCS 9106050314
Download: ML20077D956 (6)

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1. %ERID ABEe DROWN BOVERI May 30, 1991 Mr. Theodore S. Michaels Decommissioning and Environmental Project Directortte Non Powe, Reactors Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D. C.

20555

Subject:

Affidavit for supporting material to license amendment for the RCF Crit. cal CX-22 Docket 225

Dear Mr. Michaels:

A cw acted and complete original and one copy of the subject affidavit is enclosed per request of Dr. D. R. Harris, RPl.

Very truly yours, AW%

A.

nsson Reload Fuel Engineering ABB/C-E,Inc.

AJ:sar Enclosure cc:

D. R. Harris ABB Combustion Engineering Nucles: Power 4

4 combust:on Engscewg, Inc m Pros H Road i

2031 088 1911 W"25o'. con,ancut ecoos-osco Tew 99297 covetn wson 9106050314 910530 i

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i A-AFFIDAVIT PURSUAN'T

-TO 10 CFR 2.790 Combustion Engineering, Inc.

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State of Cor"ecticut

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County of dartford -

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SS.:

I, S. A.- Toelle, depose 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 reviewed the'information which is identified as proprietary and referenced in the paragraph immediately below.

I am submitting this affidavit in conformance-with the provisions of 10 CFR 2.790 of the Commission's regulations and in conjunction with Rensselaer Polytechnic Institute for-withholding this information.

The information L f or-- which - proprietary treatment is sought'is contained ~in.the-following document:

"A'BB CENP Critical Experiments in The: Reactor = Critical Facility of TRPI," April,1991.

^

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.

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• l 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 withhelo from public disclosure, included in the above referenced document, should be withheld.

1.

The information sought to be withheli from public disclosure is the calculation of and requirements for technical specification physics parameters for fuel containing erbium burnable absorbers, which !

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 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 herein is pr.prietary.

4.

The information is being transmitted to the Commission in

I 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 an.y disclosure to third parties has been mado 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 sulstantial harm to the competitive position of Combustion Engineering because:

a.

A similar product is manufactured and sold by major pressurized water reactor competitors of Combustion Engineering, b.

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

To the best of my knowledge and belief a competitor wculd 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 calculate and develop the requirements for technical specification physics parameters for fuel containing erbium burnable absorbers.

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 calculation of and requirements for technical specification physics parameters for fuel containing erbium burnable absorbers, 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 Conbustion 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 Combustion Engineering's products and services, significant research, development, engineering, analytical, manufecturing, licensing, quality assurance and other costs and expenses must be included.

The ability of Combustion l

Engineering's competitors to utilize such information j

without similar expenditure of resources may uable them to sell at prices reflecting significantly lower costs.

g.

Use of the information by competitors in the international merketplace would increase their ability to market nuclear steam supply systems by reducing the costs associated with i

their technology development.

In addition, disclosure

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would have. an-adverse economic impact on' combustion Engineering's. potential' for obtaining or maintaining

--foreign-_ licensees.

rurther the deponent sayeth not.

A S.A.

IJ S. A.-Toelle Manager operating Reactor Licensing

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