ML20083B885
| ML20083B885 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 07/06/1991 |
| From: | Singh K HOLTEC INTERNATIONAL |
| To: | Murley T Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19302F176 | List: |
| References | |
| NUDOCS 9109250244 | |
| Download: ML20083B885 (6) | |
Text
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July 6,1990 Dr. Thomas Mutley, Director Office of Nuclear Iteactor llegulation U.S. Nuclear llegubtory Conunission Washington, D.C. 20$M MJilml10EE011 WITJJilGLDING11tOflillilAlO' INER10d6110RE110bLl'illlLICRIECIMSllili i
Subject:
"llent Loss to the Ambient from Spent Fuel Pooh Cortelation of Theory with Ihpetituents", report 111 90477
Dear Dr. Murley:
The pioprietary infortnation for which withholding is being requested by GPU Nuclear is further identified in an affidavit signed by the Owner of the pioprietary inf ormation, lloltec international. The affidavit, which accompanies this lettei, sets forth the basis on which 7
the information may be withheld from public disclosure by the Conunission and addresses with specificity the considerations listed in paragraph (h)(4) of 10CFit Section 2.790 of the Conunission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by GPU Nuclear.
l Correspondence with respect to the proprietary aspects of the application for withholding or the llollec International affidavit should reference this letter and should be addressed to the undersigned.
Very truly yours, y () t' i 9(
K.P. Singh President IInclo.sure: Affidavit 9109250244 910918 PDR ADOCK 05000289 P
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AEEIDAYJI STATli OF N!!W JIIRSliY SS COUNTY Ol' CAMDl!N liefore me, the undersigned authority, personally appeared Krishna l'. Singh, who, being by me duly sworn according to law, depose and says that he is authorized to execute this Altidavit on behalf of Iloltec International ("lloltec") and that the aveiments of f act set forth in this Affidavit are true and correct to the best of his knowledge, information and belief:
f (3 0 [ti Q Krishna P. Singh President Sworn to and subscribed before me t h is._._6 Lh
._ day of
_hdy 1991 b I4 Y
g/i otary Edblic gAnanA.'.ONGH f3TM<ru n M "" " "
UU wy ccmmiss e E Mdtn MN i
Page 1 of 5
(1)
I am Paesident of Ilottec International.md as such, I have been speedically delegated the function of leviewing the pioptietmy intonnatmn sought to be withheld flom public disclosme in connection with nuc! cal power plant licensing of tule making proceedings, and am authori/cd to apply foi its withhohling on behalf of Ilottec Inteinational.
(2)
I am nmking this Alfidavit in conformance with the ptovisions of 10CliR Section 2,790 of the Conunission's segulations and in conjunction with the Iloltec application for withholding accompanying hh Atlidavit.
(3)
I have personal knowledge 01 the criteria and piocedmes utilized by llottee in designating information as a tiade secret, privileged or as confidential conune cial or financial information.
(4)
Pursuant to the plovisions of paragraph (b)(4) of Section 2.790 of the Conunission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withhcht hom public disclosme should be withhchl, (i)
The information sought to be withheld inom public disclosure is owned and has been held in confidence by lloltee.
(ii)
The information is of a type custonunity behl in confidence by llottee and not customalily disclosed to the public, llottee has a lational basis foi determining the types of intoimation customarily behl in confidence by it and in that connection, utilizes a system to detrimine when and whether to hold certain types of information in confidence.
The application of that system and the substance of that system constitutes lloltec policy and provides the rational basis icquired.
Under that system, information is heki in confidence it it falls m one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage, as follows:
(a)
The information revenh the distinguishing aspects of a process (or component, structure, tool, method, etc.) wheie prevention of its use by any of Ilottee's competitors wnhout license hom 1lottee constitutes a competitive economic advantage over other companies.
(b)
It consists of suppoiting data, including test data, ictative to a process (or component, sit uctute, tool, method, etc.), the application of which data secutes a competitive economic advantage, c ;;., by optimization or imptoved marketability.
Page 2 of 5
I (c)
Its use by a competitor would reduce his expenditute of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.
(d)
It reveals cost or price information, production capacities, budget levels, or conuncreial strategies of Ilotter, its customers or suppliers.
(c)
It reveals aspects of past, present, or future llollec or customer L
funded development plans ar.d programs of potential i
commercial value to llottee.
(1)
It contains patentable ideas, for which patent jnotection inay be desirable.
(g)
_It is not the property of Ilollec, but must be treated as proprietmy by 11oltec according to agreements with the Owner.
i i
There are sound polley reasons behind the 1loltec. system which inchide the following:
i (a).
The use of such information by llollee gives lloltec a l
com ictitive advantage over its competitors. It is, therefore, withleid from disclosure to protect the lloitec competitive position.
(b)
It is information which is marketable in many ways. The extent to which such information is available to competitors diminishes the lioltee ability to sell products and services involving the use of the information.
(c)
Use by our competitor would put lloltec at a-competitive disadvantage by reducing his expenditure of resources at our expense.
(d)
Each component of proprietary information pertinent to u particelar competitive advantage is potentially as valuable as-the total competitive advantage, if competitors acquire-components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving llottee of a competitive advantage.
(e)
Unrestricted disclosure would jeopardize the position of prominence of Ilottee in the world market, and thereby give a market advantage to the competition in those countries.
Page 3 of 5
(f)
The lloltec capacity to invest corporate assets in tesearch and development depends upon the success in obinining and maintaining a competitive advantage.
(iii)
The information is being transmitted to the Conunission in confidence and, under the provisions of 10CFR Section 2.790, it is to be f eceived in confidence by the Conunissian.
(iv)
The information is not available in public sources to the best of our knowledge and belief.
(_v)
The proprieta y information sought to be withheld in this submittat enables lloltec to:
.(a)-
Justify the lloltec design.
(b)
Assist its customers to obtain licenses.
-(c)-
Meet warranties.
(d)
Provide greater operational flexibility to custometh ussuring them of safe and reliable operation.
(c)
Justify increased power capability or operating margin for plants while assuring safe and reliable operation.
Further, the information gained from the imp *oved thermal design procedure is of significant conuncreial value as follows:
(a) llollec uses the information to perform and justify analyses which are sold to customers.
(b)
Holtee sells analysis services based on the experience gained and the methods developed.
Public disclosure of this information concerning design procedures is likely to cause substr.r&* harm to the competitive position of Iloltce because competitors cod) u.slize this information to assess and justify their own designs without cemn.nsurate espense.
3 Page 4 of 5
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- C The parainetric analyses perfornied arid their evaluation represent a considerald.e amount of highly qualified development effort. This wolk was contingent upon a design method development program which has been underway during the past two yents. Altogether, a substantial atuount of money and effort has been expended by llollee which could only be duplicated by a competitor if he were to invest similar sums of money and provided he had the appropriate talent available.
Further the deponent sayeth not, i
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