ML20151V209

Forwards Nonproprietary CEN-348(B)-NP-A & Proprietary CEN-348(B)-P-A, Extended Statistical Combination of Uncertainties. Affidavit Encl.Proprietary Rept Withheld (Ref 10CFR2.790)

ML20151V209
Person / Time
Site:	Calvert Cliffs
Issue date:	08/16/1988
From:	Cruse C BALTIMORE GAS & ELECTRIC CO.
To:	NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
Shared Package
ML19292J301	List: ML20151V209 ML20151V284
References
NUDOCS 8808220184
Download: ML20151V209 (5)

Text

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BALTIMORE

'OASAND o

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ELECTRIC <

CHARLES CENTER . P.O. BOX 1475 BALTIMORE, MARYLAND 21203 CHARLES H. CRUSE MANAGER NUCLEAR ENGINEERING SEsMCES DEPARTWENT August 16, 1988 U. S. Nuclear Regulatory Commission Washington, DC 20555 ATTENTION: Document Control Desk SUBJ ECT: Calvert Cliffs Nuclear Power Plant Unit Nos. 1 & 2; Docket Nos. 50-317 6 50-318 Transmittal of C-E Proprietary Document, "Extended Statistical Combination of Uncertainties," CEN-348(B)-P-A Centlemen:

This letter transmits copies numbered 000001 through 000003 of the subject proprietary document. Also included are 3 unnumbered copies of the non proprietary version of this document (CEN-348(B)-NP A).

The documents designated as proprietary should be treated as' proprietary material. The relevant proprietary affidavit for the subject material is enclosed.

Very truly yours, i

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15 s' frah CHC/CWD/imt Attachments cc: (w/o attachments)

D. A. Brune, Esquire J.' E. Silberg, Esquire R. /.. Capra , NRC S. A. McNeil, NRC o.f W. T. Russell, NRC ,

D. C. Trimble/V L. Pritchett, NRC y i T. Hagette, DNR If %0F 3

8808220184 5BDfi/sr 'I g PDR ADOCK 0500031'/ / /A'g i P pny  :

AFFIDAVIT PURSUANT TO 10 CFR 2.790 Combustion Engineering, Inc. )

State of Connecticut -)

County of Hartford ) 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 Baltimore Gas & Electric Company for withholding this information.

The information for which proprietary treatment is sought is contained in the following documents Extended Statistical Combination of Uncertainties, CEN-348(B)-P-A, January, 1988 ,

This document has been appropriately designated as proprietary.

I have personal knowledge of the criteria and procedures utilized by Combustion Engineering in designatin3 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. l 1

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1. The information sought to be withheld.from public disclosure are the'

- methodology, specific results, and estimates of benefits of applying

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Combustion Engineering's extended statistical combination of uncertainties method, 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 4

process, method or component, the application of which'results in substantial competitive advantage to Combustion Engineering.

3. The information is of a type customarily held in confidence by Combustion t'

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, utilizca a  ;

i system to determine when and whether to hold certain types of information in confidence. 1he 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.

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.

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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 H

water reactor competitors of Combustion Engineering.

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b. Development of this.information by C-E requiredLthousands of.

man hours of effort and hundreds of th'ousands of dollars. To the best of my' l knowledge and belief a competitor would have to undergo;similar_ expense in-l generating equivalent informatien. l

c. In order to acquire such information, a competitor would also  !

.1 require considerable time and inconvenience related to developing an  !

equivalent extended statistical combination of uncertainties method.

d. The information required significant effort and expense to obtain the licensing approvals necessarv for application of the information.

Avoidance of this expense would decrease a competitor's cost in applying the i Information and marketing the product to which the information is applicable. l e, The information consists of the methodology, specific results, and >

estimates of benefits of applying Combustion Engineering's extended .

statis';ical combination of uncertainties method, 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 i

i compete with Combustion Engineering, take marketing or other actions to {

l f improve their product's position or impair the position of Combustion- l

] Engineering's product, and avoid developing similar data and analyses in l support of their processes, methods or apparatus.

f. In pricing Combustion Engineering's products and services, i

significant research, development, engineering, analytical, manufacturing, '

licensing, quality assurance and othe costs and expenses must be included.

I The ability of Combustion Engineering's competitors to utilize such  ;

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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 internaticnal

.narketplace would increase their ability to market nuclear steam supply syst m.- hv 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.

,_ AA A2; 1.' E.d Chefer' Director Nuclear Licensing Sworn to before me thisgMday of /Dctog j / 9 N.

autnwdnd Notary Public SUSAtlNE S!AITH, NOTARY PUBUC State cd Conne::icut No. 74148 Comnesion Empires IAarth 31,1990 1

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