ML20080P793

Affidavit of Jh Taylor Re Classification Procedure for Proprietary Info.Certificate of Svc Encl

ML20080P793
Person / Time
Site:	Three Mile Island
Issue date:	02/07/1984
From:	Taylor J BABCOCK & WILCOX CO.
To:
Shared Package
ML20080P780	List: ML20080P778 ML20080P793
References
NUDOCS 8402230117
Download: ML20080P793 (12)

Text

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Babcock &WUcox ,

AFFIDAVIT OF JAMES H. TAYLOR A. My name is James H. Taylor. I am Manager of Lic trtsing in the Nuclear Power Generation Division of Babcock & Wilcox, and as such I an authorized to execute this Affidavit.

B. I as familiar with the criteria applied by Babcock & Wilcox to de-termine whether certain information of Babcock & Wilcox is proprietary and I am familiar with the procedures established within Babcock & Wilcox, particularly the Nuclear Power Generation Division (NPGD), to ensure the proper application of these criteria.

C. In determining whether a Babcock & Wilcox document is to be classi-fled as proprietary information, an initial determination is made by the unit manager who is responsible for originating the document

. as to whether it falls within the criteria set forth in Paragraph D hereof. If the information falls within any one of these criteria, it is classified as proprietary by the originating unit manager.

This initial determination is reviewed by the cognizant section manager. If the document is designated as' proprietary, it is re-f viewed again by Licensing personnel and other management within NPGD as designated by the Manager of Licensing to assure that the regulatory requirements of 10 CFR Section 2.790 are met.

D. The following information is provided to demonstrate that the pro-visions of 10 CFR Section 2.790 of the Commission's regulations have been cor.sidered:

(1) The information has been held in confidence by the Babcock &

Wilcox Company. Copies of the document are clearly identified as proprietary. In addition, whenever Babcock & Wilcox transmits the information to a customer, customer's agent, potential customer or regulatory agency, the transmittal re-quests the recipient to hold the information as proprietary.

Also, in order to strictly limit any potential or actual customer's use of proprietary information, the following 8402230117 840220 PDR ADOCK 0500028 G

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Sabcock&Wilcon AFFIDAVIT OF JAMES H. TAYLOR (Cont'd) provision is included in all proposals submitted by Babcock 4'Wilcox, and an applicable version of the proprietary provision is included in all of Babcock & Wilcox's contracts:

" Purchaser may retain Company's Proposal for use in connection with any contract resulting therefrom, and, for that purpose, make such copies thereof as may be necessary. Any proprietary information concerning Company's or its Suppliers' products or manufacturing processes which is so designated by Company or its Suppliers and disclosed to Purchaser incident to the-performance of such contract shall remain the property of Company or its Suppliers and is disclosed in confi-dance, and Purchaser shall not publish or otherwise disclose it to others without the written approval l of Company, and no rights, implied or otherwise, are granted to produce or have produced any products or i

to practice or cause to be practiced any manufacturing l processes covered thereby.

Notwithstanding the above, Purchaser may provide the NRC or any other regulatory agency with any such pro-prietary information as the NRC or such other agency may require; provided, however, that Purchaser shall first give Company written notice of such proposed disclosure and Company shall have the right to amend such proprietary information so as to make it non-pro-i prietary. In the event that Company cannot amend L such proprietary information, Purchaser shall, prior L to disclosing such information, use its best efforts to ootain a commitment from NRC or such other agency

( to have such information withheld from public inspection.

l (2)

l mahm*&Wilcox AFFIDAVIT OF JAMES H. TAYLOR (Cont'd)

Company shall be given the right to participate in pursuit of such confidentia1 treatment."

(ii) The following criteria are customarily applied by Babcock &

Wilcox in a rational decision process to determine whether the information should be classified as proprietary. Information may be classified as proprietary if one or more of the following criteria are met.

a. Information reveals cost or price information, commercial strategies, production capabilities, or budget levels of Babcock & Wilcox, its customers or suppliers.

b. The information reveals data or material concerning Babcock

& Wilcox research or development plans or programs of present or potential competitive advantage to Babcock &

Wilcox.

c. The use of the information by a competitor would decrease his expenditures, in time or resources, in designing, producing or marketing a similar product.

d. The information consists of test data or other similar data concerning a process, method or component, the application of which results in a competitive advantage to Babcock &

Wilcox.

e. The information reveals special aspects of a process, method, component or the like, the exclusive use of which results in a competitive advantage to Babcock & Wilcox.

f. The information contains ideas for which patent protection may be sought.

(3)

Sabcock&WReios ,

k (FIDAVIT OF JAMES H. TAYLOR (Cont'd) s

, The document (s) listed on Exhibit "A", which is attached hereto and made a part hereof, has been evaluated in accordance with normal Babcock & Wilcox procedures with respect to classification and has been found to contain information which falls within one or" more of the criteria enumerated above. Exhibit "B", which is attached hereto and made a part hereof, specif f,cally identifies the criteria applicable to the document (s) listed in Exhibit

.g.,

j '(111) The document (s) listed in Exhibit "A", which has been made avail.-

able to the United States Nuclear Regulatory Commission or the Atomic Safety and Licensing Board was made available in confidence with a request that the document (s) and the information contained therein be withheld from public disclosure.

(iv) The information is not available in the open literature and to

( the best of our knowledge is not known by Combustion Engineering, EXXON, General Electric, Westinghouse or other current or ,

potential domestic or foreign competitors of B&W.

l (v) Specific information with regard to whether public disclosure of the information is likely to cause harm to the competitive i

position of Babcock & Wilcox, taking into account the value of the informati.on to Babcock & Wilcox; the amount of effort or money l

I expended by Babcock & Wilcox developing the information; and the ease or difficulty with which the information could be properly duplicated by others is given in Exhibit "B".

E. I have personally reviewed the document (s) listed on Exhibit "A" and have found that it is considered proprietary by Babcock &

Wilcox because it contains information which f alls within one or more of the criteria enumerated in Paragraph D,. and it is informa-tion which is customarily held in confidence and protected as proprietary information by Babcock & Wilcox. This report com-

- prises information utilized by Babcock & Wilcox in its business which af ford Babcock & Wilcox an opportunity to obtain a

, competitive advantage over (4) o_

't Babcock &Wilcox those who may wish to know or use the infomation contained in the document (s).

f/M5' JVff 4%

JAMESH.TAYldR State of Virginia)

City of Lynchburg James H. Taylor, being duly sworn, on his oath deposes and says that ne is the person who subscribed his name to the foregoing statement, and that the matters and facts set forth in the statement are true.

/977L& 7stt M'

[ JAMESH.TAYL[

Subscribed and swom before me ~

this 7E day of dlum1984.

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u A $ A sA r JJ--

Notary Public in and for the City of Lynchburg, State of Virginia

% Conmission Expires 7IA/ y; /p 76 1

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EXHIBIT A "Three Mile Island Unit 1 Onec-Through Steam Generator Repair: Kinetic Expansion Technical Report" GPUN Topical Report GPUN-TDR-007, November 1982 B&W Topical Report BAW-1760, November 1982 f

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b EXHIBIT B Document Number GPUN-TDR-007 Criteria Page v, Contents, 1.4.3 c-f Page vii, List of Tables, 2-7 c-f Page vii, List of Figures, 1-13 c-f Page vii, List of Figures, 2-8 c,e Page vii, List of Figures, 2-9 c,e Page vii List of Figures, 2-10 c,e Page 1-5, 1.4.3 [ ] Precoat c-f Page 1-5,1.4.3.12nd para,1st and 3rd if ne c-f Page 1-5,1.4.3.2,1st para,1st line c-f Page 1-5,1.4.3.2, 2nd indented para - entire para c-f Page 1-6,1st para,1st line c-f Page 1-6, 2nd para,1st line c-f Page 1-6, Indentad para 2, lines 2-8 c-f Page 1-6,1.4.3.3,1st para, line 2 c-f Page 1-6, 1.4.3.3, 2nd para, line 4 c-f Page 1-7, 1st para, line 2 c-f Page 1-8, 2nd para, 2nd sentence c,e Page 1-8, Indented table between 2nd & 3rd para c,e Page 1-8, 5th para, lines 3, 4, and 6 c,e Page 1-8/1-9, 5th para, last sentence beginning Page 1-8 ending Page 1-9 c,e Page 1-9,1st para,1st line c,e Page 1-9, 2nd para,1st line c,e l

Page 1-9, 2nd para, 2nd complete sentence c,e Page 1-9, 1.4.5, 3rd para, 4th line c,e Page 1-10, 1.4.6, 1st para, 3rd ifne c,e Page 1-10, 1.4.6, 2nd para, ifnes 1, 2 c-f Page 1-10,1.4.6, 2nd para, 2nd complete sentence c-f Page 1-10,1.4.6, 3rd para, 3rd line c-f Page 1-16, Figure 1-2, Figure of tube configuration

! under " Secondary Side Date" c Page 1-22, Figure 1-8, Entire figure c,e i

4 EXHIBIT B (continued)

Document Number GPUN-TDR-007 Criteria Page 1-23, Figure 1-9, Entire figure c,e Page 1-24, Figure 1-10 Entire figure c,e Page 1-27, Figure 1-13, Entire figure c-f Page 2-3,1st indented line c,e Page 2-3, 2.2.1.1,1st para, 3rd line d Page 2-3, 2.2.1.1, 2nd para, 3rd and 4th lines c,e Page 2-4,1st para, 3rd line c,e Page 2-4, Table between 2nd and 4th para; entire table c,e Page 2-5, Note at top of page; entire note c,e Page 2-5,1st para after Note,- lines 2, 4, and 5 c,e Page 2-11, 2.3.1,1st para, 2nd and 6th lines c,e Page 2-12,1st para,1st line c,e

' Page 2-12, 2.3.1.2, linas 1,2,3,4,5,6,7 and 8 c,e Page 2-12, 2.3.1.3, 1st para lines 4,5,7 and 9 c,e Page 2-13, 2.3.2, 2nd para, line 6 c,e Page 2-13, 2.3.2, 3rd para, lines 1 and 2 c,e Page 2-13, 2.3.2, 4th para, lines 1,4,5,6 and 7 c,e

, Page 2-15, 2.3.4.1, 1st para, line 6 c,e Page 2-18, 1st para, lines 1, 2 c,e Page 2-18, 2.3.5.5, 2nd para, line 2 c,e Page 2-20, 7th para, lines 6, 7, and 8 c,e Page 2-21; 2.3.5.7, i f ne 3 c,e Page 2-22,1st para, line 2 c,e Page 2-22, 2nd para, lines 1, 3, 4, and 5 c,e Page 2-22, 3rd para, lines 1 and 2 c,e Page 2-22, 3rd para, subpara 1, lines 3,4,5 and 6 c,e Page 2-22, 3rd para, subpara 2, lines 1, 4, 5, 6 and 7 c,e Page 2-28, 2.4.3, 2nd para, lines 10 and 11 c,d Page 2-29, 2nd para, lines 2, 3, 9, and 10 c,d Page 2-31, " Conclusions"', lines 7 and 8 c,e Page 2-36, 1st para, line'3 c,e Page 2-36, 2nd para. line 4 c,e O

1 EXHIBIT 8 (continued)

Document Number GPUN-TOR-007 Criteria Page 2-36, "Results," lines 3,4,6 and 10 c,d Page 2-37, 2.5.1.2, lines 10,11 and 15 c,d Page. 2-37, 2.5.1.3,1st para, line 8 c,e Page 2-38, 2nd para, entire para c,d Page 2-38, 2.5.1.4,1st para, lines 1 and 6 c,e Page 2-38, 2.5.1.4, 2nd para, line 1 c,e Page 2-39, 2.5.1.5, 2nd para, lines 3, 4, and 6 c,d Page 2-39, 2.5.1.5, 3rd para, lines 2, 4, and 5 c,d Page 2-40, 2.5.1.6,1st para, lines 1, 3, and 4 c,e Page 2-40, 2.5.1.6, 2nd para, lines 2, 10, 11 and 13 c,e Page 2-40, 2.5.1.6, 3rd para, line 2 c,e Page 2-40, 2.5.1.6, 3rd para, lines 5 and 6 c,d Page 2-41, 2.5.1.7, entire para c,e Page 2-41, 2.5.1.8,1st para, lines 5, 6, and 7 c,d Page 2-41, 2.5.1.8, 2nd para, line 4 c,o Page 2-41, 2.5.1.9, 2nd para, lines 1 and 2 c,d Page 2-42,1st para, line 3 c,d Page 2-42, 2.5.1.10, 2nd para, lines 3 and 4 c,d Page 2-43, para 2, line 8 c,d Page 2-44, 2.6.2, para 2, lines 2 and 3 c,e Page 2-44, 2.6.2, pera 3, line 4 c,e Page 2-44, 2.6.2, para 4, line 6 c,e Page 2-49. 2.6.4, lines 5, 9, 12 and 13 c,e Page 2-50, para 1, line 2 c,e Page 2-50, para 2, lines 5 cnd 6 c,e Page 2-51, para 4, line 2 c,e Page 2-52, para 2, lines 7 and 8 c,d Page 2-54, para 1, lines 4,6,9,12,13, and 15 c-f Page 2-54, para 2, line 4 c,e Page 2-54, para 4, lines 2 and 3 c,e Page 2-56, 2.7.3, " Objective," line 3 c-f

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EXHIBIT B (continued)

Document Number GPUN-TDR-007 Criteria Page 2-57, 1st para, 1st sent, all c,d Page 2-58, Section 2.8.1.1, 2nd para, 2nd & 3rd lines c,e Page 2-58, Section 2.8.1.1, 5th para, 2nd & 3rd lines c,d Page 2-59, Section 2.8.1.2, 2nd para, 3rd & 4th lines c,e Page 2-59, Section 2.8.1.2, 3rd para,1st & 2nd lines c,e

~ Paga 2-59, Section 2.8.1.2, 4th para, 3rd line c,e Page 2-60, 1st para, 3rd - last lines c,e .

Page 2-63,1st para,1st line,10th word c-f Page 2-63,1st para,1st line, last two words a 2nd line c,e Page 2-64, 1st para, 4th line c-f Page 2-64, 2nd para, 4th line c-f Page 2-64, 3rd para,1st, 4th - 6th lines c-f Page 2-64, 4th' para,1st and 3rd lines c-f Page 2-64, 5th para, 1st line c-f Page 2-65, Section 2.9.3.1,1st para, 4th - last lines c-f Page 2-65, Section 2.9.3.1, 2nd para, 2nd-4th a 7th lines c-f Page 2-65, Section 2.9.3.1, 3rd para, 4th line c-f Page 2-65, last para. c-f Page 2-66, Sub-para. 2, 1st line c-f Page 2-66, Sub-para. 3,1st line c-f Page 2-66, Sub-para. 4,1st line c-f Page 2-66, Sub-para. 5 c-f Page 2-66, Section 2.9.3.2, 2nd & 6th lines c-f Page 2-67, Section 2.9.3.3,1st para,1st line c-f Page 2-67, Section 2.9.3.3, 2nd para, 2nd and 4th lir.es c-f Page 2-68.1st para,1st line c-f Page 2-68, 2nd para, 1st, 2nd, 5th, 6th and 9th IInes c-f Page 2-68, 3rd para,1st, 5th, 7th and 8th lines c-f Page 2-68, Section 2.9.4,-Sub line C. c-f

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i EXHIBIT B (continued)

Document Number GPUN-TDR-007 Criteria Page 2-69, 2nd para, 7th - last lines c,d 1 Page 2-73, Line below " Table 2-4" c,e Page 2-73, Headings of 3rd - 9th columns in table c,e Page 2-73, Line (a) c,e

- Page 2-14, Tabulated data below columns labeled " Tube R1" and " Tube R4" in Table 2-5. cd Page 2-74, Headings of columns 5 & 6 in Table 2-6. c,e Page 2-75, Title of Table 2-7. c-f Page 2-76, Heading of last column in 1st section of Table 2-8 c-f Page 2-76,~ Note (c) c-f Page 2-77, Entire page c,d Page 2-79, 3rd line in 3rd row under column labeled

" TEST PARAMETERS" c,e Page 2-80, Entire page c,e Page 2 2-87, entire pages c,d Page 2-88, Entire page c,e

. Page 2 2-91, entirc pages c,d

- Page 2-93, 2 lines following " EXPANDED TUBE ID" c,e Page 2-94, Entire page c,e Page 2-95, Entire page b Page 2 2-98, entire pages c,d Page 2-128, Entire pages c,d Page 2-129 & 2-130, note 2 c,e Page 2-136 139, entire pages c,d Page 2-142,_2nd line below " Figure 2-49 (cont'd)" c,e Page 2-142, 2nd & 3rd lines below " Tubes 2,3,5,6 and 7" c-f Page 2-142, Line below " Tube 3" c,e Page 3-1, Section 3.1,1st para, line 2 c,e

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.g EXHIBIT B (continued)

Document Number GPUN-TDR-007 Criteria Page 3-2, Section 3.1.2, 2nd para, 3rd lines c,e Page 4-2, Section 4.3,1st para, 3rd - 6th & 8th lines c,e Page 4-2, Section 4.3, 2nd para, 2nd - 4th & 6th lines c,e Page 4-3,1st, 4th, and 6th lines c,e Page 5-3, Para. 4 c,e Page 6-2, Section 6.1.2, 6th line c-f Page A-3,1st line, Ref. 42 c,e 4

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