ML20101G282
| ML20101G282 | |
| Person / Time | |
|---|---|
| Site: | Farley  |
| Issue date: | 06/05/1992 |
| From: | Maccoun J ELECTRIC POWER RESEARCH INSTITUTE |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19311A852 | List: |
| References | |
| NUDOCS 9206250392 | |
| Download: ML20101G282 (3) | |
Text
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EPRI Electre Pcwer ReSearCh k1Stith
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June 5,1992 Attention:
Document Control Desk Dr. Thomas E. Murley, Director U.S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Washington, D.C. 20555
Subject:
Request for Withholding of Proprietary Document; WCAP-13237,
" PRELIMINARY DATA ON VOI.TAGE/ BURST / LEAKAGE OF 3/4 INCH DIAMETER 1UBING FOR ODSCC AT TSlV, March 1992
Dear Dr. Murley:
This is a :equest under 10CFR2.790(a)W) that the NRC witnhold from public disclosure the proprietary document identified above (the " Report"L The Report and my affidavit in support of this request are written at the Request of Southern Nuclear Operating Company (" Southern") and are enclosed in a submittal made by Southern. (A non-proprietary version of the Report, which may be disclosed to the public, is also enclosed.) Southern has received the Report from El>RI under conditions of confideritiality. EPRI is willing to allow Southern to disclose the Report to the NRC provided that the NRC maintain the confidentiality of the Report according to the terms of this letter.
EPRI desires to disclose the Report to the NRC for informational purposes to assist the NRC in reviewing Southern submittals as well as those of other utilities. EPRI members and other licensees of the Report are likely to make such submittals to the
.NRC Moreover, EPRI would welcome any discussions between EPRI and the NRC related to the Report that the NRC desires to conduct.
The Report is for the NRC's internal use and may be used oniv for the purpose for which it is disclosed by EPRL The Report should not be otherwise used or disclosed to any person outside the NRC without prior written permission from EPRI.
If you have any questions about the legal aspects of this request for withholding, please do not hesitate to contact me at W15) 855-2368. Questions on the contents of the Report should be directed to Lamar Williams of EPRI at W15) 855-2789.
Yours truly, f
y w.
W ades W. Maccoun Senior Licensing Administrator Office of Business Development enclosures 9206250392 920616 ADOCK 0500 8
cc: Lamar Williams hDR Headquarters 3412 HNw Avenue. Post Othce Box 10412. Nb A'to. CA 94303 USA e (415) 855-2000 e Te'et 82977 EPR; UF = Fat (415) 605-2954 Washirigton Othee: 1019 Nineteenth Street, NW, Sute 1000. Washing:on. DC 20036. USA * (202) 872 9222. Far (202) 2965436
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RE:
WCAP-13237, " PRELIMINARY DATA ON YOLTAGE/UURST/ LEAKAGE OF 3/4 INCil DIAMETER TUI ING FOR ODSCC AT 'lSP's" March 1992 AFFID AYlT I, JAMES W. MACCOUN, being duly sworn, depose and state as follows:
I am a Senior Licensing Administrator of the Electric Power Research Institute ("EPRl") and I have been specifically delegated responsibility for reviewing the report listed above that is sought under this affidavit to be withheld (the
" Report") and authorized to apply for its withholding on behalf of EPRL This affidavit is submitted to the Nuclear Regulatory Commission ("NRC") pursuant to
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10 CFR 2.790 (a)(4) based on the fact that the Report consists of trade secrets of EPRI and that the NRC will receive the Report trom EPRI under privilege and in confidence.
Westinghouse..ectric Corporation (" Westinghouse") prepared the Report under contract to EPRL Although Westinghouse i the author of the Report, Westinghouse has assigned to EPRI all right, title, and interest in the Report and in copyrights thereto, trade secrets contained therein, and all other intellectual property rights thereto. Westingnouse has placed proprietarv markings on the report to protect EPRI's interests in the Report.
The basis for which the Report should be withheld from the public is !tforth below:
(i) The Report has been held in confidence by EPRI, its owner.
All those accepting the Report must agree to preserve the confidentiality of the Report.
(ii) The Report is of a type customarily held in confidence by EPRI and there is a rational basis therefor. The Report is trade secrets and is held in confidence by EPRI because to disclose it would prevent EPRI trom licensmg the Repor t at fees which would allow EPRI to recover its investment. If consultants and other businesses providing services in the nuclear power industry were aU e to publicly obtain the Report, they would be able to u3e it commercially for profit and avoid spending the large amount of money that EPRI was required to spend to prepare the Report. The rational basis that EPRI has for classifying the Report as trade secrets is the Uniform Tratie Secrets Act which California adopted in 1984 and which has been adopted by over twenty states. The Uniform Trade Secrets Act define 3 a " trade secret" as follows:
" Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
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Affidavit of James W. Maccoun June 5,1992 Page 2 i
(1) Derives independent economic value, actual or potential, trom not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; e '.d (2) is the subject of efforts that are rea,onable under the circumstances to maintain its secrecy.
(iii) The Report will be transmitted to the N RC in confidence (iv) The Report is not available in public sources liPRI developed the Report only after making a determination that the Report was not available from public sources, it required a large expenditure of dollars for EPRI to develop the Report, in addition, EPRI was required to use a large amount of time of El'RI employees.
The money spent, plus the value of EPR!i staft time in preparing the Report, show that the Report is highly valuable to El'RI.
Emally, the Report was developed only after a long period of effort of at least several months.
(v) A public disclosure of the Report would cause substantial harm to EPRI's competitive position and the ability of EPRI to license the Report both domestically and internationally.
The Report can be properly acquired or duplicated by others only with an equivalent investment of time and effort.
I have read the foregoing and the matters stated therein are true and correct to the best of my knowledge,information and belief. I make this affidavit under penalty of perjury under the laws of the United States of <\\mcrica and under the laws of the State of California.
Executed at 3412 Hillview Avenue, Palo Alto _. being the premises and place of business of the Electric Power Research Institute.
o June 5,1992 y w.
w James W. Maccoun Subscribed and sworn before me tlus dav:
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