ML20151T907
| ML20151T907 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 02/06/1986 |
| From: | Medford M SOUTHERN CALIFORNIA EDISON CO. |
| To: | Knighton G Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19273A842 | List: |
| References | |
| NUDOCS 8602100388 | |
| Download: ML20151T907 (6) | |
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Southem Califomia Edison Company P. O BOX S00 2244 WALNUT GROVE AVENUE ROSEMEAD. CAUFORNIA 91770 MJ. NAGER. NUCLEAR UCEN$1NG 19131302 t 749 February 6, 1986 Director, Office of Nuclear Reactor Regulation Attention: Mr. George W. Knighton, Director PWR Project Directorate No. 7 Division of PWR Licensing - B U. S. Nuclear Regulatory Consnission Washington, D.C.
20555 Gentlemen:
Subject:
Docket No. 50-362 End-of-Cycle 1 Diagnostic Fuel Examination Report San Onofre Nuclear-Generating Station Unit 3 The purpose of this letter is to transmit the End-of-Cycle 1 Diagnostic Fuel Examination Report for San Onofre Nuclear Generating Station Unit 3 (SONGS-3) per your request during both telephone conversations on December 2 and 16, 1985.
The subject report was prepared by Combustion Engineering, Inc. on the basis of the pool side examination performed during the past refueling outage for SONGS-3. Enclosed please find three (3) copies of the followin'g proprietary Combustion Engineering document:
CEN-322(S)-P, San Onofre Nuclear Generating Station Unit 3 End-of-Cycle i Diagnostic fuel Examination Report, January, 1986.
(Copy Nos. 000007, 000008 and 000009)
In addition, we also enclose three (3) copies of the following non-proprietary version of Enclosure 1 to satisfy the requirements for transmittal of proprietary information to the NRC:
CEN-322(S)-NP, San Onofre Nuclear Generating Station Unit 3 End-of-Cycle 1 Diagnostic Fuel Examination Report, January, 1986.
It is respectfully requested that the above information which is proprietary to CE be withheld from public disclosure in accordance with 10 CFR 2-790(b) of the Commission's regulations. An affidavit setting forth-the basis on which this information may be withheld by the Commission from
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o Mr. George W. Knighton public disclosure is also included.
If you should have any questions concerning the proprietary nature of the saterial transmitted herewith, please address them directly to:
Mr. A. E. Scherer Director, Nuclear Licensing Combustion Engineering, Inc.
1000 Prospect Hill Road Windsor, Connecticut 06095 It is also requested that a copy of any questions concerning the proprietary nature of this document be sent to SCE and San Diego Gas and Electric Company (SDG&E).
Very truly yours,
&,h. '
Enclosures cc: Harry Rood, NRC Project Manager F. R. Huey, USNRC Senior Resident Inspector, Units 1, 2 and 3 4
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' AFFIDAVIT PURSUANT TO 10 CFR 2.790 Combustion Engineering, Inc.
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S tate. 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 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 Southern California Edison Co. for withholding this information.
The information for which proprietary treatment is sought is contained in the following document:
CEN-322 (S)-P, San Onof re Nuclear Generating Station - Unit 3 End of Cycle 1 Diagnostic Fuel Examination Report, January, 1986.
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.
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The information sought to be' withheld from public disclosure are examination data concerning the diagnostic exam conducted on failed fuel'
. rods in SONGS;3 at end'of cycle one and also details concerning fuel rod fabrication process, which'is owned and has been he'ld 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 are proprietary.
34. 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:
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. 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 thousands of manhours of effort and hundreds 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 obtaining and evaluating data from examinations done at end of cycle one at SONGS 3.
'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.
The information consists of examination data concerning the e.
diagnostic exams conducted on failed fuel rod in SONGS 3 at end of cycle one and also details concerning fuel' rod fabrication process, 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, manuf acturing, licensing, quality assurance and other costs and expenses must be included.
The ability of Combustion Engineering's competitors to utilize such information E
o 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. Scherer Director Nuclear Licensing Sworn to before me this day of GOONh Ih'
[ b.1 fL Notary Public
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