ML20114B500

Requests That Proprietary Version of Final Rept EPRI TR-100407, PWR SG Tube Repair Limits:Technical Support Document for Outside Diameter Stress Corrosion Cracking at Tube Support Plates Be Withheld,Per 10CFR2.790(a)(4)

ML20114B500
Person / Time
Site:	Farley
Issue date:	08/18/1992
From:	Kenny A ELECTRIC POWER RESEARCH INSTITUTE
To:	Murphy E NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19303F046	List: ML20114B488 ML20114B490 ML20114B491 ML20114B500 ML20114B501 ML20114B513
References
NUDOCS 9208280280
Download: ML20114B500 (3)

Text

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EPRI Eectnc Pcwer Research bsvtute . _ - _ _ .- L?3:e'ac in Sc.e--:e an %:n otagy August 18,1992 Attention:

Document Control Desk Mr. Emmett L. Murphy U.S. Nuclear Regulatory Commission Senior Materia!s Engineer Washington, D.C. 20555 Mail Stop 7D4 Washington, D.C. 20555

Subject:

Request for Withholding of Proprietary Document; 10CFR2.790(a)(4)

TR-100407, "PWR Steam Generator Tube Repair Lirnits: Technical Support Document for Outside Diameter Stress Corrision Cracking at Tube Support Plates," March 1992 4

Dear Mr. Murphy:

This is a request under 10CFR2.790(a)(4) that the NRC withhold from public disclosure the proprietary document identified above (the " Report"). Three copies of the Report and the affidavit in support of this request are enclosed. (Three copies of a non-proprietary version of the Report, which may be disclosed to the public, are also enclosed.)

EPRI desires to disclose the Report to the NRC for informational purposes to assist the NRC in reviewing utility site specific submittal plans related to alternate plugging criteria for steam generator tubes. 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 only for the purpose for which it is disclosed by EPRI. 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 (415) 855-2845. Questions on the contents of the Report should be directed to Lamar Williams of EPRI at (415) 855-2789.

Kurs truly j 1 Y hr ur Kenn, , Esq.

Licensing Administrato Office of Busmess Deve opment enclosures cc: Lamar Wilhams 9208280280 920824 PDR ADOCK 05000348 P PDR

, HeaRuang,s 3412 MdNiew Avenue. Post o" ce Box 10412. Palo Alto. CA 94303. usa

• f 415) 855-2000. Te!es 823r7 EPPI UF . Fax (415) 8N954 v.asvgron ot#:ce 1019 N e'eenm Strcet. NW Su te 1000. Wawg on DC 20036 usa * (202) 872 9222 e Fas i2021 296-5436

i i RE: TR-100407, "PWR un Generator Tube Repair Lirnits: Teclinical Support l Document for Out <e Diarneter Stress Corrosion Cracking at Tube Support i Plates," March 1952 l

!- AFFIDAVIT I, ARTHUR KENNY, ESQ., being duly sworn, depose and state as follows:

l i

_ 1 am a Licensing Administrator of the Electric Power Research Institute j ("EPRI") and I have oeen specificdly delegated responsibility for reviewing the report listcd above that is sought under this affidavit to be withheld (the " Report")

l-and authorized to apply for its withholding on behalf of EPIU. This affidavit is '

{- submitted to the Nuclear Regulatory Commission ("NRC") pursuant to 10 CFR -

l 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 from EPRI under privilege and in confidence.

i

! - The basis for which the Report should be withheld from the public is set forth ,

i below:

j (i) The Report has been held in confidence by EPRI, its owner.

All those accepting the Report must agree to preserve the confidentiality of ,

j the Report.

i i

(ii) The Report is of a type customarily held in confidence by EPRI and there j is a rational basis therefor. The Report is trade secrets and is held in confidence by l l EPRI because to disclose it would prevent EPRI from licensing the Report at fees

! which would allow EPRI to recover its investment. If consultants and other l businesses providing services in the nuclear power industry were able to publicly

' obtam the Report, they would be able to use it commercially for profit and avoid spending the large amount of money that EPRI was requh d to spend to prepare the l Report. The rational basis that EPRI has for classifying the Report as trade secrets is i the Uniform Trade Secrets Act which California adopted in 1984 and which has been l adopted by over twenty states. The Uniform Trade Secrets Act defines a " trade

secret" as follows

i l " Trade secret" means inf6rmation, including a formula, pattern, compilation,.

j program, device, method, technique, or process, that:

i

.(1) Derives independent economic value, actual or potential, from not being -

) generally known to the pt.blic or to other persons who can obtain economic l value am its disclosure or use; and l- (2)Is the subject of efforts that are reasor,able under the circumstances I to maintain its secrecy.

i 1

I Affidavit of Arthur Kenny August 18,1992 Page 2 (iii) The Report will be transmitted to the NRC in confidence.

(iv) The Report is not available in public sources. EPRI 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 EPRI employees.

The money spent, plus the value of EPRI's staff time in preparing the Report, show that the Report is highly valuable to EPRI. Finally, 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 imernationally. 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 America and under the laws of the State of California. '

Executed at 3412 Hillview Avenue, Palo Alto, being the premises and pia.'c of business of the Electric Power Research Institute:

Au ' st 18,1992 i

e

+ ,

NJ \

A tur Kenny Esq.

Subscribed and sworn befare me this day:

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__ m SumiYa'[nashita k '

%CTAAv PUS (C CAttSOAMia** N' 2

_ ~_.- _

Jggaytyj NOTARY UBLIC

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