ML20203A149
| ML20203A149 | |
| Person / Time | |
|---|---|
| Site: | Arkansas Nuclear  |
| Issue date: | 03/10/1986 |
| From: | Taylor J BABCOCK & WILCOX CO. |
| To: | |
| Shared Package | |
| ML19292F311 | List:
|
| References | |
| NUDOCS 8604160242 | |
| Download: ML20203A149 (8) | |
Text
-
n.
Babcock & Wilcox AFFIDAVIT OF JAMES H.
TAYLOR A.
My name is James H.~ Taylor.
I am Manager of Licensino Services in the Nuclear Power Division of Babcock & Wilcox, and as such I am authorized to execute this Affidav.it.
B.
I am familiar with the criteria applied by Babcock & Wilcox to determine whether certain information of Babcock & Wilcox is proprietary and I am familiar with the procedures established within Babcock & Wilcox, particularly the Nuclear Power Division, to ensure the proper application of these criteria.
C.
In determining whether a Babcock & Wilcox document is to be classified as proprietary information, an initial determination is made by the Unit Henager, who is responsible for originating the document, as to whether it falls within the criteria set forth in Pa ragraph D hereof.
If the information falls within any one of these criteria, it is classified as proprietary by the originating Unit Manager.
This initial determination is.
reviewed by the cognizant Section Manager.
If the document is designated as proprietary, it is reviewed again by Licensing personnel and other management within Nuclear Power Division as designated by the Manager of Licensing Services to assure that the regulatory requirements of 10 CFR Section 2.790 are met.
D.
The following information is provided to demonstrate that the provisions of 10 CFR Section 2.790 of the Commission's regulations have been considered:
(i)
The information has been held in confidence by the Babcock & Wilcox Company.
Copies of the document are clearly identified as proprietary.
In addition, whenever Babcock & Wilcox transmits the information to a 8604160242 860401 PDR ADOCK 05000313 p
PDR t
Babcock & Wilcox AFFIDAVIT OF JAMES H. TAYLOR (Cont'd.)
customer, customer's agent, potential customer or regulatory agency, the transmittal reauests the recipient to hold the information as proprietary.
Also, in order to strictly limit any potential or actual customer's use of proprietary information, the following provision is included in all proposals submitted by Babcock & Wilcox, and an applicable version of the proprietary provision is included in all of Babcock & Wilcox's contracts:
" Purchaser nay retain Company's proposal for use in connection with any contract resulting therefrom, and, for that purpose, make such copies thereof as may be nece!sary.
Any proprietary information concerning Company's or its Supplier's products or manufacturing processes which is so designated by Company or its Suppliers and disclosed to Purchaser incident to the performance of such contract shall remain the property of Company or its Suppliers and is disclosed in confidence, and Purchaser shall not publish or otherwise disclose it to others without the written approval of Company, and no rights, implied or otherwise, are granted to produce or have produced any products or to practice or cause to be practiced any manufacturing processes covered thereby.
Notwithstanding the above, Purchaser may provide the NRC or any other regulatory agency with any such proprietary information as the NRC or such other agency may require; provided, however, that Purchaser shall first give Company written notice of such proposed disclosure and Company shall have the richt to amend such proprietary information so as to make it non-(2)
3
?
/
Babcock & Wilcox AFFIDAVIT OF JAMES H.
TAYLOR (Cont'd.)
proprietary.
In the event that Company cannot amend such proprietary information, Purchaser shall, prior to disclosing such information, use its best efforts to obtain a commitment from NRC or such other agency to have such information withheld from public inspection.
Company shall be given the right to participate in pursuit of such confidential treatment."
( i i )'
The followino criteria are customarily applied by Babcock & Wilcox in a rational decision process to determine whether the information should be classified as proprietary'.
Information may be classified as proprietary if one or more of thi followine criteria are met:
a.
Infrrmation reveals cost or ' rice information, p
comrercial strategies, production capabilities, or budget levels of Babcock & Wilcox, its customers or suppliers.
b.
The information reveals data or material concerning Babcock & Wilcox research-or developmen't plans or programs of present or potentici competitive advantage to Babcock & Wilcox.
c.
The use of the information by a compet'itor would decrease his expenditures, in time or resources, in designing, producing or marketing a similar product.
d.
The information consists of test da ta or other similar data concerning a process, method or (3)
W
1 Babcock & Wilcox AFFIDAVIT OF JAMES H.
TAYLOR (Cont'd.)
component, the application of which results in a competitive advantage to Babcock & Wilcox.
e.
The information reveals special aspects of a process, method, component or the like, the l
exclusive use of which results in a competitive l
advantage to Babcocs & Wilcox.
f.
The information contains ideas for which patent protection may be sought.
The document (s) listed on Exhibit "A", which is attached hereto and made a part hereof, has been evaluated in accordance with ncrmal Babcock & Wilcox procedures with respect to classification and has been found to contain information which falls within one or more of the cri teria enume ra ted above.
Exhibit "B",
which is attached hereto and made a part hereof, specifically identifies the criteria applicable to the document (s) listed in Exhibit "A".
(iii)
The document (s) listed in Exhibit "A", which has been made available to the United States Nuclear Regulatory Commission was made available in confidence with a request that the document (s) and the information contained therein be withheld from public disclosure.
(iv)
The information is not available in the open literature and to the best of our knowledge is not known by Combustion Engineering, EXXON, General Electric, Westinghouse or other current or potential domestic or foreign competitors of Babcock & Wilcox.
(4)
Babcock & Wilcox AFFIDAVIT OF JAMES H. TAYLOR (Cont'd.1 (v)
Specific information with regard to whether 9ublic disclosure of the information is likely to cause harm to the competitive position of Babcock A Wilcnx, taking into account the value of the information to Babcock A Wilcox; the amount of effort or money expended by Babcock & Wilcox developing the information; and the ease or difficulty with which the information could be properly duplicated by others is given in Exhibit "B".
I E.
I have personally reviewed the document (s) listed on Exhibit "A" and have found that it is considered proprietary by Babcock & Wilcox because it contains information which falls within one or more of the criteria enumerated in paragraph 0, and it is information which is customarily held in confidence ano protected as proprietary information by Babcock & Wilcox.
This report comprises information utilized by Babcock fi Wilcox in its business which afford Babcock & Wilcox an opportunity to obtain a competitive advantage over those who may wish to know or use the information contained in the document (s).
[JAMESH..TAYLO[
l l
l l
(5) l l
Babcock & Wilcox AFFIDAVIT OF JAMES H. TAYLOR (Cont'd.)
State of Virginia)
) SS. Lynchburg City of Lynchburg)
James H. Taylor, being duly sworn, on his oath deposes and says that he is the person who subscribed his name to the foregoing statement, and that the matters and facts set forth in the statement are true.
lYl l
JAMES H.#TAY((
Subscribed and sworn before me this foTL day of 7 Pare C 1986.
d e-ott
&716o Notary Public in and for/ ne City t
of Lynchburg, State of Virginia My Commission Ex p i re s [j/A((/f, /ff.f~
v I
(6) l
.t*
l EXHIBIT A 1
Document Title Document No. and Date
" Corrosion Test of a Mechanically RDD:85:5233-01:01/
Sleeved ANO-1 OTSG Tube" RDD:85:5223-06:01, 10/23/85 "The Effects of Roller Expanding RDD:85:5290-03-00:02, Sleeves Inside OTSG Tubes Affected 7/85 by Intergranular Corrosion"
" Interim Report of the Evaluation of 1157587A-0, EC Probes for OTSG Sleeve Examination" 6/28/85
" Evaluation of the Cross Wound Eddy 1157719A-0, Current Probe for OTSG Sleeve 8/2/85 Examinations"
" Report of OTSG Mechanical Sleeve 8/9/84 40 Percent Wall Reduction Test" shm:C6-6
p
...v EXHIBIT B Document Criteria RDD:85:5233-01:01/
b,c,d,e RDD:85:5223-06:01, 10/23/85 RDD: 85:5290-03-00:02, 7/85 b,c,d,e 11r.7587A-0, 6/28/85 b,c,d,e 1157719A-0, 8/2/85 b,c,d,e
" Report of OTSG Mechanical Sleeve b,c,d,e 40 Percent Wall Reduction Test,"
8/9/84 shm:C6-6
.. -.