ML20153D039

Informs That NRC Determined Listed Document Designated as Containing Proprietary Matl Should Be Withheld from Public Disclosure,Per 10CFR2.790

ML20153D039
Person / Time
Site:	Calvert Cliffs
Issue date:	09/21/1998
From:	Kane W NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Rickard I ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY
References
NUDOCS 9809240283
Download: ML20153D039 (2)

Text

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NUCLEAR REGULATORY COMMISSION

1. F.8/T WASHINGTON, D.C. 20066 4001 pk

\ **,,*** September 21, 1998 O&

Mr. Ian C. Rickard Director, Nuclear Licensing -

Combustion Engineering, Inc.

200 Day Hill Road Windsor, CT 06095

SUBJECT:

PUBLIC DISCLOSURE DETERMINATION

Dear Mr. Rickard:

On May 29,1998, Baltimore Gas and Electric Company (BG&E) submitted to the Nuclear Regulatory Commission (NRC) a postulated cask drop evaluation performed by BG&E's nuclear fuel vendor Asea Brown Boveri, Inc.- Combustion Engineering, Inc. Attachment 1 of the BG&E submittal included an affidavit executed by you and dated May 28,1998, requesting that document "A-CC1/2-FMDE-004 Rev. 00, BGE (Calvert Cliffs Units 1 & 2) ISFSI Dry Storage I

Cask Drop Analysis, May 4,1998," be withheld frorn public disclosure pursuant to 10 CFR 2.790. The proprietary version of the document was provided as Attachment 2 of the BG&E submittal. A non-proprietary version of the document, suitable for placement in the public document room, was provided as Attachment 3 of the BG&E submittal.

Your affidavit states that the document should be withheld from public disclosure for the following reasons:

1. The information sought to be withheld from public disclosure consists of fuel assembly design, fuel assembly component and material test data, and analysis methodology which is owned and has been held in confidence by Combustion Engineering (CE).

2. Public disclosure of this information is likely to cause substantial harm to CE's competitive position because:

(a) A similar product is manufactured and sold by competitors of CE.

f (b) Development of this information by CE required thousands of hours and hundreds of O thousands of dollars, and 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 to develop fuel assembly design, fuel assembly component and material test data, and analysis methodology.

(d) The information provides a competitive economic advantage. The availability of such information to competitors would enable them to modify their product to better compete with CE, take marketing or other actions to improve their product's position or impair the position of CE's product, and avoid developing fabrication data in support of their processes, methods, or apparatus.

9809240283 980921 I PDR Y ADOCK 05000317 PDR yh.

. _ _ _ ~__ _ _ _ _ _ _ _ _ _ .. . _ _ . - _ __

l. Rick 2rd 2 (e) In pricing CE's products and services, significant research, development, engineering, analytical, manufacturing, licensing, quality assurance, and other costs and expenses must be included. The ability of CE's competitors to utilize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.

(f) Use of the information by competitors in the international marketplace would increase l

their ability to market nuclear steam supply systems by reducing the costs associated with their technology development, and would have an adverse economic impact on CE's potential for obtaining or maintaining foreign licensees.

On the basis of your submittal, our review of your submittal and affidavit, and in light of the regt'irements of 10 CFR 2.790, we have determined that the above listed document designated as containing proprietary material should be withheld from public disclosure pursuant to 10 CFR 2.790. It is the policy of the NRC to achieve an effective balance between legitimate concerns for protection of competitive positions and the right of the public to be fully apprised as to the l basis for and effects of licensing and rulemaking actions. l 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 disclosure should change in the future such that the information could then be made available for public inspection, you should '

promptly notify NRC. Please be advised that NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your withheld information. In all review situations, if NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely,

[ Charles J. Haughney for ]

William F. Kane, Director Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards I Dockets 72-8,50-317/318 l cc: Mr. Charles H. Cruse Vice President, Nuclear Energy Baltimore Gas and Electric Company Distribution:

Dockets NRC File Center PUBLIC NMSS r/f SFPO r/f SFLS r/f l~ CHaughney SShankman FSturz MHodges JShea REaton, NRR lt OFC SFPO C SFPO C OGC C SFPO C SFPQ C NAME TMcGinty

dd* VLTharpe* MPSiemien* EJLeeds* WFKan i i DATE 09/14/98 09/14/98 09/17/98 09/18/98 09/ I /98

! C = Cover E = Cover & Enclosure N = No copy ,

OFFICIAL RECORD COPY G:\BG&E\ABBCEPRO.DET j