ML20137N560
| ML20137N560 | |
| Person / Time | |
|---|---|
| Site: | Calvert Cliffs  |
| Issue date: | 01/24/1986 |
| From: | Jaffe D Office of Nuclear Reactor Regulation |
| To: | Tiernan J BALTIMORE GAS & ELECTRIC CO. |
| References | |
| NUDOCS 8602030304 | |
| Download: ML20137N560 (4) | |
Text
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January 24, 1986 9
Docket No. 50-317
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Mr. J. A. Tiernan Vice President - Nuclear Energy Baltimore Gas & Electric C<,mpany P. O. Box 1475' Baltimore, Maryland 21203
Dear Mr. Tiernan:
s
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE CEN-318(B) plication and affidavit dated December 5, 1985 you submitted By your ap
-P, " Analysis of CECOR Power Peaking Uncertainties for Calvert Cliffs Cycle 8", November.1985, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.
You stated that the submitted infomation should be considered exempt from
. mandatory public disclosure for the following reasons:
1.
The information sought to be withheld from public disclosure are the methodology related to the determination of power distribution measurement uncertainties and the statistical models used to detemine the uncertainty estimate, 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.
4.
The information 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.
5.
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 informaticn by C-E required hundreds of manhours and tens of thousands of dollars. A competitor would have to undergo similar expense in generating equivalent information, h20 04 e60124
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. c.
In order to acquire such information, a competitor would also require considerable time and inconvenience related to the development of methods and statistical models for determining power distribution measurement uncertainties.
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 infomation is applicable.
e.
The information consists of methods and statistical models for the determination of power distribution measurement uncertainties, 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, methods 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.
We have reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of Combustion Engineering's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information. Therefore, the report CEN-318(B)-P marked as proprietary, will be withheld from public disclosure pursuant.to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended. '
Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents.
If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.
.- If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You should also understand that the NRC may have cause to review this determination in the future, such as, if the scope of a Freedom of Information Act request includes your information.
In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, David H. Jaffe, Project Manager PWR Project Directorate #8 Division of PWR Licensing-B cc: See next page Distribution:
Docket File NRC & L PDRs Branch Files AThadani EShomaker DJaffe PKreutzer ACRS 10 EJordan BGrimes JPartlow FMiraglia f.
1 )YJ ff PBD#8 PBD#8 PJteuber e:dd ESho,91aker ACTh dani l'j,5/86 1/h /86 1/ M86 1/
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4 Mr. J. A. Tiernan Baltimore Gas & Electric Company Calvert Cliffs Nuclear Power Plant cc:
Mr. William T. Bowen, President Regional Administrator, Region I Calvert County Board of U.S. Nuclear Regulatory Commission Commissioners Office of Executive Director Prince Frederick, Maryland 20768 for Operations 631 Park Avenue D. A. Brune, Esq.
King of Prussia, Pennyslvania 19406 General Counsel Baltimore Gas and Electric Company Mr. W. J. Lippold, Manager P. O. Box 1475 Nuclear Engineering Services Baltimore, Maryland 21203 Calvert Cliffs Nuclear Power Plant MD Rts 2 & 4, P. O. Box 1535 George F. Trowbridge, Esq.
Lusby, Maryland 20657-0073 Shaw, Pittman, Potts and Trowbridge 1800 M Street, NW Mr. M. E. Bowman, General Supervisor Washington, DC 20036 Technical Services Engineering I
Calvert Cliffs Nuclear Power Plant Mr. J. R. Lemons MD Rts 2 & 4, P. O. Box 1535 Manager Nuclear Operations Lusby, Maryland 20657-0073 Baltimore Gas and Electric Company Calvert Cliffs Mr. R. M. Douglass, Manager l
MD Rts 2 & 4 Quality Assurance & Support Services Post Office Box 1535 Baltimore Gas and Electric Company Lusby, Maryland 20657-0073 Calvert Cliffs Nuclear Power Plant P. O. Box 1535 Lusby, Maryland 20657-0073 Resident Inspector c/o U.S. Nuclear Regulatory Commission Combustion Engineering, Inc.
P. O. Box 437 ATTN: Mr. R. R. Mills, Manager Lusby', Maryland 20657-0073 Engineering Services P. O. Box 500
)
Mr. Leon B. Russell Windsor, Connecticut 06095 Manager - Nuclear Maintenance j
Calvert Cliffs Nuclear Power Plant Department of Natural Resources Y
MD Rts 2 and 4, P. O. Box 1535 Energy Administration, Power Plant Lusby, Maryland 20657-0073 Siting Program l
ATTN: Mr. T. Magette Bechtel Power Corporation Tawes State Office Building l
ATTN: Mr. D. E. Stewart Annapolis, Maryland 21204 Calvert Cliffs Project Engineer 15740 Shady Grove Road Gaithersburg, Maryland 20760 I
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