ML20083E050

Forwards Revised Affidavit Requesting That Matl Transmitted to NRC in Response to Question 470.7 of NRC Environ Rept - OL Stage Be Withheld Per 10CFR2.790.Revised Affidavit Submitted in Response to NRC 831125 Request

ML20083E050
Person / Time
Site:	Marble Hill
Issue date:	12/21/1983
From:	Shields S PSI ENERGY, INC. A/K/A PUBLIC SERVICE CO. OF INDIANA
To:	Youngblood B Office of Nuclear Reactor Regulation
References
SVP-0169-83, SVP-169-83, NUDOCS 8312280424
Download: ML20083E050 (5)

Text

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PUBLIC SERVICE INDIANA !NIE_M'1983 S. W. Shields Senior Vice President -

Nuclear Division Mr. B. J. Youngblood Docket Nos.: STN 50-546 Office of Nuclear Reactor Regulation STN 50-547 U. S. Nuclear Regulatory Commission Construction Permit Nos.:

Washington, D. C. 20555 CPPR - 170 CPh1 - 171 MARBLE HILL NUCLEAR GENERATING STATION - UNITS 1 AND 2

Dear Mr. Youngblood:

Per your letter to Mr. Shields dated November 25, 1983 Public Service Company of Indiana, Inc. hereby submits a revised affidavit requesting that the material transmitted to the U. S. Nuclear Regulatory Commission (NRC) in response to NRC's Environmental Report - Operating License Stage Question 470.7 be withheld from public disclosure pursuant to 10 CFR 2.790.

If you have any questions, please contact me at your convenience.

Sincerely.

S. W. Shields SWS/TGH/bak cc: H. R. Denton J. F. Schapker D. G. Eisenhut T. M. Novak P. W. O'Connor 8312280424 831221 0 DR ADOCK 05000 P. O. Box 190, New Washington, Indiana 47162 812. 289.3000

. r SARGENT & LUNDY

ENGINEERM rouwoEosees S5 E AST MONROE STREET

,n en CHICA00, ILLINOIS 60603 312-269 6905 (318) 849-2000 Before the United AFFIDAVIT OF j States Nuclear Regulatory PAUL L. NATTELET

Commission

• i I, PAUL L. WATTELET, being duly sworn, depose and state as follows:

1. I am a partner in the firm of Sargent & Lundy (S&L) and S&L's Project Director for Public Service Company of Indiana's Marble Hill Nuclear Generating

Station, Units 1 and 2. I am responsible for i reviewing the information described in paragraph 2 which is sought to be withheld as proprietary and l

am authorized to apply for its withholding.

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2. The information sought to be withheld is entitled "A Computer Program to Calculate Annual Average Doses and Accident X/Q's ( Annual ZAP-AZ AP) ,"

S&L Program No. 09.8.054-1.6.

3. In designating material as proprietary, S&L relies on professional judgement and on the definition of l proprietary information and trade secrets set forth in the American Law Institute's RBSTATEMENT OF TORTS, i Section 757. This definition provides:

"A trade secret may consist of any

! formula, pattern, device or compilation  :

of information which is used in one's business and which gives him the opportunity to obtain an advantage over i competitors who do not know or use it... A substantial element of

, secrecy must exist, so that, except by the use of improper means, there would be difficulty in acquiring information...

Some factors to be considered in determining i whether given information is one's trade secret are: (1) the extent to I

which the information is known outside of

- his business; . (2) the extent to which it is known by employees and others i

involved in his business; (3) the extent I

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CARGENT & LUNDY

• ENGINEERS CHICAGO of measures taken by him to guard the secrecy of the information; (4) the value of the information to him and to his competitors; (5) the amount of effort or money expended by him in developing the information; (6) the ease or difficulty with which the information could be properly acquired or duplicated by others."

4. Some examples of information considered proprietary by S&L are:

a. Power plant site studies prepared by S&L and the information acquired during the course of preparing.the site study;

b. S&L's lists of suppliers or contractors for consideration in supplying the various types of equipment and labor specialties that may be required for a project designed by S&L;

c. Computer programs authored by S&L;

d. Information which if used by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation or licensing of a similar product;

e. Information which reveals cost or price information, budget levels or commercial strategies of S&L, its customers or suppliers;

f. Information which discloses subject matter cligible for patent or copyright protection; and

g. Information which S&L must treat as proprietary according to agreements with other parties.

5. All information determined to be proprietary is identified as such by attaching the following notice:

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CARGENT O LUNDY

• ENGINEERS CHICAGO O

" PROPRIETARY DOCUMENT This document contains proprietary information of Sargent & Lundy. The information contained in this report represents a summary of the experience and expertise collected i over a period of several years by a number  ;

of people within Sargent & Lundy. l Consequently, the contents of this document  ;

shall be considered proprietary information j and may not be used, reprodoced or revealed to others without the written permission of Sargent & Lundy."

6. Approval for proprietary treatment of a document or class of documents is made by a Par tner of S&L, who is responsible for assessing the value and sensitivity of the information in relation to industry knowledge. Access to such documents within S&L is limited on a strict "need to know" basis and such documents at all times are clearly identified as proprietary by attaching the notice specified in paragraph 5.

7. Approval for external release of a proprietary document is the responsibility of a Partner of S&L. Disclosure is generally limited to regulatory bodies, clients and potential clients and their agents, and suppliers only in accordance with regulatory provisions and proprietary agreements.

8. I have personally evaluated the document described in paragraph 2 in accordance with the above criteria and have found it to contain information which is proprietary. This document has customarily been held in confidence by S&L and is not available in public sources. The notice in paragraph 5 has been included as a part of this document since it was developed.

9. The document described in paragraph 2 sets forth the calculation models used for evaluating gaseous effluent doses in accordance with methodologies promulgated by the U.S. Nuclear Regulatory Commission in Regulatory Guides 1.109 (Rev. 1, October 19 77) and 1.111 (Rev. 1, July 1977) ; accident X/O's at various dowhwind locations can also be calculated using the prescriptions of Regulatory Guide 1. 4 (Rev. 2, June 1974) and Regulatory Guide 1.145 (August 1979).

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CARGENT O LUNDY

• EN GIN E E RG CHICAGO

10. Public disclosure of the information sought to be withheld is likely to cause substantial harm to the competitive position of S&L and to derive or reduce the availability of profit-making opportunities.

The cost required to produce the program in question is in the tens of thousands of dollars.

STATE OF ILLINOIS )  ;

COUNTY OF COOK ) -

I, PAUL L. WATTELET, being duly sworn, depose and say that I have read the foregoing affidavit prepare'! in accordance with the requirements of 10 CFR S 2.790, and the matters stated therein are true and correct to the best of my knowledge, information, and belief.

IN WITNESS WHEREOF, I have hereunto subscribed my name this / 9 //., day of December, 1983.

G .

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'l u d 2 lu A u PAUL L. WA"'T E LET Partner and Project Director Sworn to and subscribed before me, a Notary Public, this

/tJ @ ay of December, 1983.

Notary Public, State of Illinois I

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