ML20151X604
| ML20151X604 | |
| Person / Time | |
|---|---|
| Site: | Calvert Cliffs  |
| Issue date: | 04/27/1988 |
| From: | Mcneil S Office of Nuclear Reactor Regulation |
| To: | Tiernan J BALTIMORE GAS & ELECTRIC CO. |
| References | |
| NUDOCS 8805040193 | |
| Download: ML20151X604 (4) | |
Text
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e Docket Nos. 50-317 DISTRUBT3CN and 50-318 Doc P Kf6 4 3 SMcNeil NRC PDR LTripp Local PDR OGC-WF Mr. J. A. Tiernan PDI-1 Rdg.
Edordan Vice President-Nuclear Energy SVarga JPartlow Baltimore Gas and Electric Company BBoger ACRS(10)
P.O. Box 1475 CVogan Baltimore, Marylar.d 21203
Dear Mr. Tiernan:
SUBJECT:
REQUEST FOR WITHHOLDIhG INFORMATION FROM PUBLIC DISCLOSURE By your letter dated October 2,1987, as modified on April 6,1988, and Combustion Engineering's affidavit dated September 22, 1987, you submitted a document entitled "CEN-364(B)-P, Control Element Assembly (CEA) Center Finger Cracking at-Calvert Cliffs, September 1987," as well as a non-proprietary version, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.
Con'bustion Engineering, Inc., stated that the information should be considered exempt from mandatory public disclosure for the following reasons:
1.
The information sought to be withheld from public disclosure concerns observations of cracking in CEA cladding at Clavert Cliffs and its relationship to cladding material properties, CEA design, CEA performance at other C-E plants and the results of corrosion tests that relate irradiated cladding properties to susceptibility to intergranular attack, 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 Conmission 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 is 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.
8805040193 88 427 PDR ADOCK 05000317 P
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The information... is not available in public sources, and any disclosure to third parties Es aen 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 compet.itors of Combustion Engineering, b.
Development of this information by C-E required tens of thousands of manhours of effort and hundreds of thousands of dollars.
To the best of C-E's knowledge and belief a competitor would have to undergo similar expense in generating equivalent information.
c.
In order to acquire such infonnation, a competitor would also require considerable time and inconvenience developing a similar correlations between CEA cladding material properties, CEA design and CEA performance.
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 correlations between CEA cladding material properties, CEA design and CEA performance, 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 j
data and analyses in support of their processes, methods or j
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.
s We have reviewed your submittal 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 comercial information.
Therefore, we have detennined that the document entitled "CEN-346(B)-P Control Element Assembly (CEA) Center Finger Cracking at Calvert Cliffs, September 1987," 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 document.
If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, insure 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 p"omptly 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 Freedom of Information Act request includes your infonnation.
In all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, 9T181ab1 algued by t SL$
Scott A. McNeil, Project Manager Project Directorate I-1 Division of Reactor Projects, I/II cc: See next page W
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Mr. J. A. Tiernan Baltimore Gas & Electric Company Calvert Cliffs Nuclear Power Plant cc:
Mr. John M. Gott, President Regional Administrator, Region I Calvert County Board of U.S. Nuclear Regulatory Commission Commissioners 475 Allendale Road Prince Frederick, Maryland 20768 King of Prussia, Pennsylvania 19406
- 0. A. Brune, Esq.
General Counsel Baltimore Gas and Electric Company P. O. Box 1475 Baltimore, Maryland 21203
't. Jay E. Silberg, Esq.
Shaw, Pittman, Potts and Trowbridge 1800 M Street, NW Washington, DC 20036 Mr. M. E. Bowman, General Supervisor Technical Services Engineering Calvert Cliffs Nuclear Power Plant MD Rts 2 & 4, P. O. Box 1535 i
Lusby, Maryland 20657-0073 Resident Inspector c/o U.S. Nuclear Regulatory Commission P. O. Box 437 i
Lusby, Maryland 20657-0073 Bechtel Power Corporation ATTK: Mr. D. E. Stewart Calvert Cliffs Project Engineer 15740 Shady Grove Road Gaithersburg, Maryland 20760 Combustion Engineering, Inc.
ATTN: Mr. W. R. Horlacher, III Project Manager P. O. Box 500 1000 Prospect Hill Road Windsor, Connecticut 06095-0500 Department of Natural Resources Energy Administration, Power Plant Siting Program ATTN: Mr. T. Magette Tawes State Office Building An": polis, Maryland 21204
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