ML20079L525
| ML20079L525 | |
| Person / Time | |
|---|---|
| Site: | Fort Calhoun  |
| Issue date: | 02/18/1983 |
| From: | William Jones OMAHA PUBLIC POWER DISTRICT |
| To: | Clark R Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19262H500 | List: |
| References | |
| LIC-83-047, LIC-83-47, NUDOCS 8302230355 | |
| Download: ML20079L525 (6) | |
Text
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Omaha Public Power District 1623 HARNEY 8 OMAHA. NEBRASKA 68102 m TELEPHONE 536-4000 AREA CODE 402 February 18, 1983 LIC-83-047 Mr. Robert A. Clark, Chief U. S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Division of Licensing Operating Reactors Branch No. 3 Washington, D.C.
20555
Reference:
Docket No. 50-285
Dear Mr. Clark:
Fort Calhoun Station Cycle 8 Reload Application Your letter to Omaha Public Power District dated February 1,1983 requested additional information in support of the subject application.
Please find attached the District's responses to Part A of your request.
Our responses to Part B of your request will be provided by February 25, 1983.
Please note that pursuant to 10 CFR 2.790(b)(1) certain portions of the attached information has been deemed trade secrets and/or privileged commercial information by Combustion Engineering, Inc. (CE). Accord-ingly, please find attached the District's application for withholding this information from public disclosure as well as CE's affidavit in support of the application.
Sincergly, W. C.,
c nes Divisi Manager Of Produc on Operations WCJ/TLP:jmm
! g*j Attachment
[.
cc: LeBoeuf, Lamb, Leiby & MacRae 1333 New Hampshire Avenue, N.W.
l Washington, D.C.
20036 f
8302230355 830218 PDR ADOCK 05000285 P
PDR t
O BEFORE THE UNITF.D STATES NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
OMAHA PUBLIC POWER DISTRICT
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Docket No. 50-285 (Fort Calhoun Station,
)
Unit No.1)
)
APPLICATION FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE Pursuant to Section 2.790(b)(1) of the regulations of the Nuclear Regulatory Commission ("the Commission"), Omaha Public Power District
("the District") submits this application to withhold certain inform-ation from public disclosure. Applicant has been informed by Combustion Engineering, Inc. (CE) that this information is owned by CE and that in the opinion of CE the information in question contains trade secrets and/or privileged or confidential commercial or financial information.
An attached affidavit executed by CE identifies the documents sought to be withheld and sets forth the bases on which the information may be withheld from public disclosure by the Commission.
The affidavit also addresses the considerations listed in Paragraph (b)(4) of Section 2.790 with specificity.
Respectfully submitted, OMAHA PUBLIC POWER DISTRICT
/
3 By
/ b W. C.
nes Divisio Manager Product on Operations Sworn to before me on this
/f7Al day of TEd#vf/fy',1983.
L.-..,Jah
/ 4 &~-
Notary Public t
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AFFIDAVIT PURSUANT TO 10 CFR=2.790 Combustion Engineering, Inc.
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State of Connecticut
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County of Hartford
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SS.:
I, A. E. Scherer depose and say that I am the Director, Nuclear Licensing i
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 the application of Omaha Public Power District, for withholding this information.
The information for which proprietary treatment is sought is contained in the following document:
CEN-242(0)-P OPPD Responses to NRC Questions on Ft. Calhoun Cycle 8, Februa ry 18, 1983.
This document has been appropriately designated as proprietary.
I 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 consideration by the Commission in determining whether the information sought to be withheld from public disclosure, included in the above referenced document, should be l
withheld.
.. ~.
1.
The information sought to be withheld from public disclosure are design calculational methods, transient analysis methods and procedures for setpoint generation, 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 process, method or component, the application of which results in a
. 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 are proprietary.
-4.
The information is being transmitted to the Comission in confidence under the provisions of 10 CFR 2.790 with the understanding that it is to be received in confidence by the Comission.
5.
The information, to the best of my knowledge and belief, is not available in public sources, and any disclosure to third parties has b7n 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:
a.
A similar product is manufactured and sold by major pressurized water reactors competitors of Combustion Engineering.
b.
Developrent of this information by C-E required tens of thousands of manhours of effort and hundreds of thousands 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 related to the development of design calculational methods, transient analysis methods and procedures for setpoint generation, 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 design calculational methods, transient analysis methods and procedures for setpoint generation, 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, methods or apparatus.
f.
In pricing Combustion Engineering's products and services, significant research, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included.
_4 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 narket nuclear steam supply systems by reducing the costs associated with their technology development.
In addition, disclosure would have an adverse economic impact on Combustion Engineering's potential for obtaining or maintaining foreign licensees.
Further the deponent sayeth not.
' D_W A. E. J6ierlEr Director Nuclear Licensing Sworn to before me this B1 day of Tsab. \\4GL W!
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