ML20079S144

Affidavit of Ae Scherer Requesting Proprietary CEN-267(V)-P Re Performance Evaluation of Control Element Assembly Shroud Be Withheld (Ref 10CFR2.790)

ML20079S144
Person / Time
Site:	Palo Verde
Issue date:	01/19/1984
From:	Scherer A ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY
To:
Shared Package
ML19289B841	List: ML20079S131 ML20079S138 ML20079S144
References
REF-PT21-84 NUDOCS 8402030222
Download: ML20079S144 (4)

Text

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AFFIDAVIT PURSUANT TO 10 CFR 2.790 Combustion Engineering, Inc. )

State of Connecticut )

County of Hartford ) SS.:

I, A. E. Scherer, depose and say that I an the Director, Nuclear Licensing, of Combustion Engineering, Inc., duly authorized to make this affidavit, and have reviewed or caused to have reviewed the infurnation 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 construction permit of

- Arizona Public Service, for withholding this information.

The information for which proprietary treatment is sought is contained in the following document:

CEN-267(V)-P, Interin Report on the Performance Evaluation of the Palo Verde Control Element Assembly Shroud, January,1984.

This document has been appropriately designated as proprietary.

I have. personal knowledge of the criteria and procedures utilized by Conbustion 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 withheld,

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1. The information sought to be withheld from public disclosure are the experimental data from the Palo Verde 1 Comprehensive Vibration Assessnent Program (CVAP) and other associated laboratory tests, detailed design data, and analytical results for the Control Element Assembly (CEA) shroud, 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 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 thira parties has been nade 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 Conbustion Engineering because:

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

b. Development of this information by C-E required thousands of manhours of effort and hundreds of thousands of dellars. To the best of my knowledge and belief a competitor would have to ondergo similar expense in generating equivalent 1nformation.

c. In order to acquire such infornation, a competitor would also require considerable time and inconvenience related to the detailed design, testing, and analysis for the Control Element Assembly shroud.

d. The information required significant ef, fort 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 experienental data and the associated laboratory tests, detailed design data, and analytical results for vibration testing of the Control Element Assembly (CEA) shroud at Palo Verde 1, 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 nust be included.

The ability of Combustion Engineering's competitors to utilize such information

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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 would have an adverse economic impact on Combustion Engineering's potential for obtaining or maintaining foreign licensees.

Further the deponent sayeth not, n~4a A. E. efhe7lr ' ~ ~

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Director Nuclear Licensing Sworn to before me this N " day of cniocuQ , 10 l.

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