ML20136D207
| ML20136D207 | |
| Person / Time | |
|---|---|
| Site: | Fort Calhoun  |
| Issue date: | 12/26/1985 |
| From: | Andrews R OMAHA PUBLIC POWER DISTRICT |
| To: | Thadani A Office of Nuclear Reactor Regulation |
| References | |
| LIC-85-561, NUDOCS 8601060073 | |
| Download: ML20136D207 (7) | |
Text
i Omaha Public Power District 1623 Hamey Omaha. Nebraska 68102-2247 402/536 4000 December 26, 1985 LIC-85-561 Mr. Ashok C.
Thadani, Project Director i
PWR Project Directorate #8 Division of PWR Licensing - B office of Nuclear Reactor Regulation U.
S.
Nuclear Regulatory Commission Washington, DC 20555
References:
(1)
Docket No. 50-285 (2)
Letter OPPD (Andrews) to NRC (Butcher) dated September 3, 1985 (LIC-85-400)
Dear Mr. Thadani:
Cycle 10 Reload Application In support of the Cycle 10 Reload Application, Omaha Public Power District submitted Reference (2) which contained copies of a report entitled " Statistical Combination of Uncer-tainties," portions of which contained proprietary information.
Reference (2) further stated tnat a Request for Withholding pursuant to 10 CFR 2.790 was attached.
In December, 1985, OPPD was notified by the NRC project manager that the Request for Withholding and an affidavit for Part 3 were not included with the package.
Please find attached the missing portions of Reference (2).
If you have further questions concerning this matter, please contact us.
Sincerely, 9 hMU l
R.
L. Andrews l
Division Manager Nuclear Production re (um RLA/DJM/me esa o.. nuum)
F.ICSB (SRINIVASAN)
RS8 ( AC*ING)
Attachments FOB (VASSA MO)
AD - G, 1.A !N A 9 f f t e am t v l cc: LeBoeuf, Lamb, Leiby & MacRae 1333 New Hampshire Ave., N.W.
Washington, DC 20036 E.
G.
Tourigny, NRC Project Manager 8
P.
H.
Harroll, NRC Senior Resident Inspector s
8601060073 851226 PDR ADOCK 05000P85 P
PDH 4s sin imployment witn tauai opportuniiy M3ie FPmJle
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J i
I 3EFORE THE UNITED STATES j
NUCLEAR REGULATORY COMMISSION In the matter of
)
)
i OMAHA PUBLIC POWER DISTRICT
)
Docket No. 50-285 i
(Fort Calhoun Station,
)
i Unit No. 1)
)
APPLICATION FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE 4
Pursuant to Section 2.790(b) (1) of the regulations of the Nuclear Regulatory Commission ("the Commission"), Omaha Public 2
Power District ("the District") submits this application to I
withhold certain information from public disclosure.
Applicant has obtained this information from documents which identify this I
information as being owned by Combustion Engineering, Inc.
l (CE).
It is the opinion of CE that the information in question contains trade secrets and/or privileged or confidential commercial or financial information.
The CE information was purchased by the District under a proprietary information agreement.
i
~
i t
The information for which proprietary treatment is sought is contained in the following documents:
CEN-2 57 ( 0 ) -P,
" Statistical Combination of Uncertainties, Part 1," Supplement 1-P, August 1985.
CEN-257 ( 0 ) -P,
" Statistical Combination of Uncertainties, Part 3," Supplement 1-P, August 1985.
This document has been appropriately designated as proprietary.
This information was obtained by the District from documents for which CE has executed affidavits which set forth the bases on which the information may be withheld from public disclosure by the Commission.
f Respectfully Submitted, i
OMAHA PUBLIC POWER DISTRICT By I // N #
I R. L. Andrews Division Manager Nuclear Production f
i Sworn to before me on this 3674 day of December 1985 i
IAJ/An Notary r
,.....s...
4 J1GLEA80N i
jg Wy Coma W My 28,1998
AFFIDAVIT PURSUANT TO 10 CFR 2.790 Combustion Engineering, Inc.
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State of Connecticut
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County of Ilartford
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SS.:
I, A. E. Scherer, depose and say that I am the Director, Nuclear Licensing, of Combustion Engineering, Inc., duly authorized to make this affidavit, and have reviewed or caused to have reviewed the information which is identified as proprietary and referenced in the paragraph immediately below.
I am submitting this affidavit in conformance with the provisions of 10 CFR 2.790 of the Commission's regulations and in conjunction with the application of the Omaha Public Power District for withholding this information.
The information for which proprietary treatment is sought is contained in the following document:
CEN-257 (0)-P, Supp. 1-P, Part 3, Statistical Combination of Uncertainties, August, 1985 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 Commission'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, should be withheld.
. 1.
The information sought to be withheld from public disclosure are uncertainties associated with introducing incore instruments procedure into the DNB LCO monitoring and alarm systems for Fort Calhoun Station Unit One, 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 information is of a type customarily held in confidence by Combustion Engineering and not customarily disclosed to the public.
Combustion Engineering has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The details of the aforementioned system were provided 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 document herein sre 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 be received in confidence by the Commission.
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.
6.
Public disclosure of the information is likely to cause substantial harm to the competitive position of Combustion Engineering because:
. a.
A similar product is manufactured and sold by major pressurized water reactor competitors of Combustion Engineering.
b.
Development of this information by C-E required hundreds of manhours of effort and tens of thousands of dollars. To the best of 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 also require considerable time and inconvenience in the development of uncertainties associated with introducing incore instruments procedure into the DNB LCO monitoring and alarm systems.
d.
The information required significant effort and expense to obtain the licensing approvals necessary for application of the information.
Avoidance of this expense would decrease a competitor's cost in applying the information and marketing the product to which the information is applicable.
e.
The information consists of uncertainties associated with introducing incore instruments procedure into the DNB LCO monitoring and alarm systems for Fort Calhoun Station Unit One, the application of which provides a competitive economic advantage.
The availability of such information to competitors would enable them to modify their product to better compete with Combustion Engineering, take marketing or other 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, nothods or apparatus.
f.
In pricing Combustion Engineering's products and services, significant research, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included.
The ability of Combustion Engineering's competitors to utilize such information
- ~
, 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.
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A. E.
cherer Director Nuclear Licensing Sworn to before me this3 day of Q tcsa d % U
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C o'a d E-\\Bru as i
Notary Public U l9 n,
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