ML20083K918
| ML20083K918 | |
| Person / Time | |
|---|---|
| Site: | Calvert Cliffs  |
| Issue date: | 11/27/1978 |
| From: | Lundvall A BALTIMORE GAS & ELECTRIC CO. |
| To: | Brunner E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| Shared Package | |
| ML20083K915 | List: |
| References | |
| NUDOCS 7901310127 | |
| Download: ML20083K918 (5) | |
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BALTIMORE G AS AND ELECTRIC COMPANY P.O. B O X 1475 B A LTIM O R E. M A R YL A N D 21203 AnTHuR E. L.v m DVALL..j R.
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$UMT November 27, 1978 l
Office of Nuclear Regulatory Cc==ission Region I
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j 631 Park Avenue King of Prussia, Pennsylvania 19h06 ATTENTION:
Mr. Eldon J. 3 runner, Chief Reactor Operations and Nuclear Support Branch
SUBJECT:
Office of Inspection & Enforcement Report No. 5.0-318/78-23 Proprietary Infor=ation Disclosure
REFERENCE:
(A) Attach =ent (3), Signed Affidavit from Combustion Engineering to BGLE, transmitted as part of Letter Dated 9/7/78, from A. E. Lundvall to R. '4. Reid, Supplement to Request for Amend =ent to (U2/2c) Operating License ATTACEME'iTS:
(1) Inspection 50-318/78-23 (Proprietary Version h0 copies)
I (2) Inspection 50-318/78-23 (Non-Proprietary Version - 20 copies)
(3) Copy of Reference A (9 copies)
Gentlemen:
'4e request that the pcrtions indicated in Enclosure (1) of the subject Inspection Report be classified as proprietary. This classification is being requested based on the proprietary catter of the infor=ation relating to CEA guide tube wear. A copy of Reference (A) submitted as Attachment (3) contains the appropr'. ate proprietary affidavit. Pursuant to 10 CFR 2.790, we request that Attachment (1) be withheld from Public Disclosure as proprietary =ateria.1 and that Attachment (2) be substituted
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as a non-proprietary versicn.
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=Au E. L.cva 1, Jr.
Vice Preside t - Supply
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AFFIDAVIT PURSUANT TO 10 CFR 2.790 l
i 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 Manager, Licensing of C'ombustion Engineering, Inc., duly authorized to make this affidavit, and have r.eviewed or caused to have reviewed the information which is identified as' proprietary and referenced in the paragraph immediately below.
I am submitti'ng this affidavit in conformance with the provisions of 10 CFR 2.790 of the Commission's regulations and in conjunction with the application
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f Baltimore Gas and Electric Co' for withholding this information.
The information for which proprietary treatment is sought is contained in the following document:
CEN-101(B)-P, "Calvert Cliffs II Cycle 2 Reload Submittal Update".
This document has been appropriately designated as. proprietary.
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' Comission'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, l(
hould be withheld.
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1.
The information sought to be withheld from public disclosure are flow hole dimensions, flow. rates and experimental analyses of guide tube behavior 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 infomation is of a type customarily held in confidence by Combustion Engineering and not customarily disclosed to the public.
t Combustion Engineering has a rational basis for determining the types of information customarily held in confidence by it and, in that connection,-
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utilizes a system to determine when and whether to hold certain types of information in confidence.
The details of the aforementioned system were provi.ded 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 documents 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 I
be received in confidence by the Commission.
j 5.
The information, to the best of my knowledge and belief, is not available in public sources, and any disclosure to third parties has been made pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.
l 6.
Public disclosure of the information is likely to cause substantial narm to the competitive position of Combustion Engineering because:
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A similar product is manufactured and sold by major pressurized water reactors competitors of Combustion Engineering.
i b.
Development of this information by C-E required thousands of I
man-hours of effort and hundreds of thousands of dollars.
To the best of i
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 i
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also require considerable time and inconvenience related to the analyses of
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experiments on guide tube performance with modified flow holes.
d.
The information required significant effort and expense to obtain the licensing approvals necessary for application of the information.
l Avoidance of this expense would decrease a competitor's cost in applying i
the information and marketing th'e product to which the information is-applicable.
I e.
The information consists of experimental data and analytical calculations relative to guide tube behavior with modified flow holes, the
. application of which provides a competitive economic advantage. The availability of such information to competitors would enable them to modify their product t
to better compete with Combustion Engineering, take. marketing or other
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' 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, i,
licensing, quality assurance and other costs and expenses.must be included.
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' The ab.ility of Combustion Engineering's competitors to utilize such infor-mation 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.
A / tw AT E. Sche # " -
i Manager, Licensing Sworn to before me this/a/
day of
'_W f4AL Wd&AL Notary' Public
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ETHRYN H. CCLFnTS. NOTARY FUSuC State cf Connec5c::t No. 33375 Ccmmisska Expires March 31, 1933 t
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