ML20154B208

Forwards Proprietary & Nonproprietary End of Cycle 9 Control Element Assembly Insp Results & Impact on Cycle 10 Operation. Affidavits Supporting Request to Withhold Proprietary Version (Ref 10CFR2.790) Encl

ML20154B208
Person / Time
Site:	Fort Calhoun
Issue date:	02/28/1986
From:	Andrews R OMAHA PUBLIC POWER DISTRICT
To:	Thadani A Office of Nuclear Reactor Regulation
Shared Package
ML19276D254	List: ML20154B208 ML20154B220
References
LIC-86-044, LIC-86-44, TAC-60896, NUDOCS 8603040251
Download: ML20154B208 (7)

Text

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Omaha Public Power District a 1623 Harney Cmaha. Nebraska 68102 2247 402/536 4000 j Februa*y 28, 1986 l LIC 86-044 Mr. A. Thadani, Project Director PWR-Directorate #8 Division of PWR - Licensing - B Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, DC 20555

Reference:

Docket No. 50-285

Dear Mr. Thadani:

CEA Inspection Results Report Omaha Public Power District, holder of Operating License DPR-40, submits the attached Special Report for Fort Calhoun Station Unit No. 1, titled "End of Cycle 9 CEA Inspection Results and Impact on Cycle 10 Operation".

A request for witholding pursuant to 10 CFR 2.790 and the required sup-porting affidavit are attached. Both proprietary and nonproprietary versions of the report are included. If you have any questions concerning this matter, please contact us.

Sincerely, prjd+[

R. L. Andrews Division Manger Nuclear Production RLA/JRG/me Attachment cc: LeBoeuf, Lamb, Leiby & MacRae 1333 New Hampshire Ave., N.W. l Washington, DC 20036  !

E. G. Tourigny, NRC Project Manger P. H. Harrell, NRC Senior Resident Inspector <

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BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION In the matter of )

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OMAHA PUBLIC POWER DISTRICT ) Docket No. 50-285 (Fort Calhoun Station, )

Unit No. I) ) .

APPLICATION FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE Pursuant to Section 2.790(b)(1) of the regulations of the Nuclear Regulatory Commission ("the Commission"), Omaha Public Power District

("the District") submits this application to withhold certain information from public disclosure. Applicant has obtained this information from documents which identify this information as being owned by Combustion Engineering, Inc. (CE). It is the opinion of CE that the information in question contains trade secrets and/or privileged or confidential com-mercial or financial information. The CE information was purchased by the District under a proprietary information agreement.

, ~2-The information for.which proprietary treatment is sought is contained in the following document:

"Special Report, Fort Calhoun Station Unit No.1, End of Cycle 9 CEA Inspection Results and Impact on Cycle 10 Operation" This document has been appropriately designated as proprietary.

This information was obtained by the District from documents for which CE has executed affidavits which set forth the bases on which the information may be withheld from public disclosure by the Commission.

Respectfully Submitted, OMAHA PUBLIC POWER DISTP.ICT By_ h f h o nt(J)

R: L. Andrews /

Division Manager Nuclear Production Sworn to before me on this sie day of February 1986

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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 Omaha Public Power District for withholding this information.

The information for which proprietary treatment is sought is contained in the following document:

Attachment 1 to OPPD Letter LIC-86-044, Special Report-Fort Calhoun Station Unit No.1-End of Cycle 9 CEA Inspection Results and Impact on Cycle 10 Operation

-f 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 cf 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.

1. The information sought to be withheld from public disclosure is a discussion of Control Element Assembly circumferential strain inspection data and design limits, 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 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 discloeure 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 Conbustion Engineering because: i

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 related to the development of circumferential strain inspection data and design limits for Control Element Assemblies.

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

Avnidance of this expense would decrease a conpetitor's cost in applying the information and marketing the product to which the infornation ic applicable.

e. The information consists of a discussion of Control Element Assembly circumferential strain inspection data and design limits, the application of which provides a competiti ve 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 conpetitors to utilize such information

without similar expenditure of resources may enable them to sell at prices reflecting significantl-f 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 obraining or maintaining foreign licensees.

Further the deponent sayetn not.

... ___v 2tr A. E. Scherer Director

iuclear Licensing Sworn to before me this day of f d m L @ lf -

1_k Notary $Pu~blic

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