ML20203M632

Forwards Proprietary Draft 1 to BAW-10164P, RELAP/MOD2 - B&W.Advanced Computer Program for LWR LOCA & Non-LOCA Transient Analysis, Per 860714 Licensing Plan for ECCS Methodology.Rept Withheld (Ref 10CFR2.790).Affidavit Encl

ML20203M632
Person / Time
Site:	Mcguire, Catawba, McGuire, 05000000
Issue date:	08/29/1986
From:	Taylor J BABCOCK & WILCOX CO.
To:	Berlinger C Office of Nuclear Reactor Regulation
Shared Package
ML19292F835	List: ML20203M632
References
JHT-86-207, NUDOCS 8609040164
Download: ML20203M632 (9)

Text

_ .. .

f Babcock & Wilcox sucwc ro .c ow*a a McDermott company 3315 Old For t Road Lynchburg,VA245064935 (804) 385 2000 August 29, 1986 JHT/86-207 I

Mr. Carl Berlinger, Chief Reactor Systems Branch Division of Pressurized Water Reactor Licensing - A Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D.C. 20555

Subject:

ECCS Methodology for Licensing Catawba and McGuire Reloads l

Reference:

J. H. Taylor to Carl Berlinger, same subject, JHT/86-106, July 14, 1986.

Dear Mr. Berlinger:

Table 1 of the reference letter provided the Licensing Plan for ECCS Methodology for the Catawba and McGuire fuel reloads that B&W is supplying to Duke Power Company. The Licensing Plan includes a September 1, 1986 submittal date for the first draft of the RELAP5/ MOD 2 topical report. Accordingly, enclosed are five (5) copies of Babcock & Wilcox proprietary Topical Report BAW-10164P, RELAP5/ MOD 2 - B&W.

This report and the others that were described in the reference are being submitted in draft form to permit interaction between B&W and the NRC and,to encure a timely review and approval to support Duke Power's schedule needs. B&W is planning to meet with the NRC in early October to initiate dialogue on the enclosed material.

Babcock & Wilcox requests in accordance with 10CFR2.79 that the report be connidered proprietary. Information supporting this request is included in the attached affidavit.

Ver truly yours, J. H. T Manager, Licensing Services cc: R. B. Borsum T. L. Baldwin

/

B609040164 B60829 PDR ADOCK 05000369

/f0 f p PDR g3

a 1

• Babcock & VVilcox AFFIDAVIT OF JAMES P. TAYLOR A. tiy name is James H. Taylor. I am Manager of Licensino Services in the Nuclear Power Division of Babcock ~& Wi'cox, and as such I am authorized to execute this Affidavit.

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 withir Babcock & Wilcox, particularly the Nuclear Power Division, to ensure the proper application of these criteria.

C. In determining whether a Rabcock & Wilcox document is to be classified as proprietary information, an initial determination is made by the Unit fienacer, who is responsible for originating the document, as to whether it falls within the criteria set forth in Paragraph D hereof, if the information falls within dny one of these criteria, it is classified as proprietary by ,

the originating Unit Manager. This initial determination is reviewed by the cognizant Section Manacer. 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 Liceising 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 Rabcock & Wilcox Company. Copies of the document are clearly identified as proprietary. In addition, wienever Babcock A Wilcox transmits the information to a

a t

U l

Babcock & Wilcox l AFFIDAVIT OF JAMES H. TAYLOR (Cont'd.)

custoner, customer's agent, potential customer or l regulatory agency, the transmittal reouests the recipient l to hold the information as proprietary. Also, in order j 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:

N " purchaser nay retain Company's proposal for use in j connection with any contract.resulting therefrom, and, for that purpose, make such copies thereof as l.

may be necessary. Any proprietary information

! concerning Company's or its Supplier's products or i manufacturing processes which is so designated by i Company or its Suppliers and disclosed to purchaser

$ncident to the performance of such contract shall

remain the property of Company or its Suppliers and is disclosed in confidence, and purchaser shall not j publish or otherwise disclose it to others without

! the written approval of Company, anc no rights, implied or otherwise, are granted to produce or have

! produced any products or to practice or cause to be l practiced any manufacturing processes covered thereby.

1 Notwithstanding the above, purchaser nay provide the f

NRC or any other regulatory agency with any such

{ proprietary information as the NRC or such other i

agency may require; provided, however, that purchaser

shall first give Company written notice of such proposed j disclosure and Company shall have the richt to amend j such proprietarv information so as to make it non-i 1

(2)

L___

e .

Babcock & Wilcox AFFIDAVIT OF JAMES H. TAYLOR (Cont'd.)

proprietary. In the event that Company cannot anend such proprietary information, Purchaser sha71, prior to disclosino such information, use its best efforts to cbtain 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."

(ii) The following 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 the following criteria are met:

a. information reveals cost or price information, commercial 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 development plans or programs of present or potential competitive advantage to Babcock & Wilcox.

c. The use of the information by a competitor would decrease his expenditures, in time or resources, in  !

designing, producing or narketing a similar product.

d. The information consists of test data or otner similar data concerning a process, method or (3)

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 exclusive use of which results in a competitive advantage to Babcock & 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 criteria enumerated 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 withhold 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 Enoineering, EXXON, General Electric, Westinghouse or other current or potential domestic or foreign competitors of Babcock & Wilcox.

l i

i (4) 1 I .. .. ...____.___.s

i f

Babcock & Wilcox AFFIDAVIT OF JAMES H. TAYLOR,(Cont'd.) ,

(v) Specific information with regard to whether public disclosure of the information is likely to cause harm to  ;

the competitive position of Babcock & Wilcox, taking into account the value of the information to Rabcock 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".

E. I have personally reviewed the document (s) listed on Exhibit j "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  !

and protected as proprietary information by Babcock & Wilcox.  !

This report comprises information utilized by Babcock & Wilcox l

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 'ocument(s).

d o I

/

7'~ JAMES Hy/fAYLOR i

?

\

l (5) [

Babcock & Wilcox AFFIDAVIT OF JAMES H. TAYLOR (Cont'd.S State of Virginia City of Lyn'chburg)

James H. Taylor, being duly sworn, on his nath deposes and says that he is the person who subscribed his nano to the foregoing staterrent, and that the matters and f acts set forth in the statement at e true.

( & -

[ JAMES H. [YLOR SubscribeA and sworn before me this cD9A day of dup 4 1986.

H 1 & /$dd Notary Public in and for the City i of Lynchburg, State of Virginia

.,W Comminion Empi,es Apr. 15, 1948, My Commission Expires (6)

a Babcock & Wilcox Exhibit A RELAPS/ MOD 2 - B5W BAW-10164P Draft 1 September 1986

Babcock & Wilcox Exhibit B Descrintion of Material Anolicable Criteria RELAP5/ MOD 2 - B&W a,b,c,d BAW-10164P Draft 1 September 1986 4

i l

i

.