ML20206Q595

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Requests That Proprietary Version of Response to NRC RAI for LAR 98-010 Be Withheld from Public Disclosure
ML20206Q595
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 05/11/1999
From: Hastings C
External (Affiliation Not Assigned)
To: Jaffe D
NRC (Affiliation Not Assigned), NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20137P070 List:
References
CAW-99-01, CAW-99-1, NUDOCS 9905190172
Download: ML20206Q595 (7)
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Text

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Caldon. Inc.

May 11,1999: 1070 Banksville Avenue CAW 99-01 Pittsburgh, PA 15216 412-341-9920 Tel 4

Document ControlDesk

[34I[ g don U. S. Nuclear Regulatory Commission Washington,DC 20555 Attention: Mr. David H. Jaffe, Project Manager, Section 1 Project Directorate IV & Decommissioning Division of Licensing Project Management Office of Nuclear Reactor Regulation APPLICATION FOR WITHHO~LDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURaF

Subject:

" Response to NRC Request for Additional Information for License Amendment Request No.98-010" (TAC Nos. MA4436 and MA4437), Proprietary Version Transmitted by TU Electric letter (TXX99115)

Dear Mr. Jaffe:

This application for withholding is submitted by Caldon, Inc. ("Caldon") pursuant to the provisions of paragraph (b)(1) of Section 2.790 of the Commission's regulations. It contains commercial strategic information proprietary to Caldon and customarily held in confidence.

The proprietary information for which withholding is being requested is identified in the proprietary version of the subject submittal. In conformance with 10 CFR Section 2.790, Affidavit CAW-99-01 accompanies this application for withholding setting forth the basis on which the identified proprietaiy information may be withheld from public disclosure.

Accordingly, it is respectfully requested that the subject information which is proprietary to Caldon be withheld from public disclosure in accordance with 10 CFR Section 2.790 of the Commission's regulations.

Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW-99-01 and should be addressed to the undersigned.

Very truly yours, b*bs~ y Calvin R. Hastings President and CEO Enclosures

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May 11,1999 CAW-99-01 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared Calvin R. Hastings, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Caldon, Inc. ("Caldon") and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

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Calvin R. Hastings, President and CEO Caldon, Inc.

Sworn to and subscribed before me this // day of Mdu#'

.1999

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MArb, O d>A c -

j Notarial Seal Martha J. Bradley, Notary Public y s pl s 52 Member, Pennsylvania Assodation of Notanes I

l. I am the President and CEO of Caldon, Inc. and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing and rulemaking proceedings, and am authorized to apply for its withholding on behalf of Caldon.
2. I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in conjunction with the Caldon application for withholding accompanying this Affidavit.

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3. I have personal knowledge of the criteria and procedures utilized by Caldon in designated information as a trade secret, privileged or as confidential commercial or financial information.
4. Pursuant to the provisions of 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 should be withheld.

(i) The information sought to be withheld from public disclosure is owned and has been held in confidence by Caldon.

(ii) The information is of a type customarily held in confidence by Caldon and not customarily disclosed to the public. Caldon has a rational basis for determining the types ofinformation customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types ofinformation in l

confidence. The application of that system and the substance of that system constitutes '

Caldon policy and provides the rational basis required.

Under that system, information is held in confidence ifit falls in one or more of several types, the release of which might result in the loss of an existing or potential advantage, as follows:

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(a) The information reveals the distinguishing aspects of a process (or component, e ucture, tool, method, etc.) where prevention ofits use by any of Caldon's competitors without license from Caldon constitutes a competitive economic advantage over other companies.

(b) It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

(c) Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.

(d) It reveals cost or price information, production capacitics, budget levels, or conunercial strategies of Caldon, its customer or suppliers.

(e) It reveals aspects of past, present or future Caldon or customer funded development plans and programs of potential customer value to Caldon.

(f) It contains patentable ideas, for which patent protection may be desirable.

There are sound poney reasons behind the Caldon system which include the following: 4

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(a) The use of such information by (M Jdon gives Caldon a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Caldon competitive position.

1 (b) It is information which is marketable in many ways. The extent to which such information is available to competitors diminishes the Caldon ability to sell products or services involving the use of the information.

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(c) Use by our competitor would put Caldon at a competitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If j competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Caldon of a competitive advantage.

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(e) Unrestricted disclosure would jeopardize the position of prominence of Caldon in the world market, and thereby give a market advantage to the competition of those countries.

(f) The Caldon capacity to invest corporate assel in research and development depends upon the success in obtaining and maintaining a competitive advantage.

(iii) The information is being transmitted to the Commission in confidence, and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Commission.

(iv) The information sought to be protected is not available in public sources or available information has not been previously employed in the same manner or method to the best ofour knowledge and belief.

(v) The proprietary information sought to be withheld in this submittal is that which is appropdately marked in the " Response to NRC Request for Additional Information for License Amendment Request No.98-010"(TAC Nos. MA4436 and MA4437),

Propdetary Version and is being transmitted by TU Electric letter (TXX99115) end Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk, Attention, Mr. David H. Jaffe. This information is submitted for use by TU Electric for the Comanche Pe.a. Nuclear Plants and is expected to be 4

I applicable in other license submittals for justification of the use of the Caldon Leading Edge Flow Meter'(LEFM/) to increase reactor plants' thermal power. (A separate document " Response to NRC Request for Additional Informatian for License i Amendment Request No.98-010", Non-Proprietary Version is also being submitted l which extracts the non-proprietary elements of the proprietary responses, and which non-proprietary document may be made publicly available.)

This information is part of that which will enable Caldon to:

(a) Demonstrate the design of the LEFMV and accuracy of the LEFMV flow and temperature measurements, as well as the improved calorimetric thermal power accuracy based on the LEFMV measurements.

(b) Demonstrate the reliability of the LEFMV based on design features and on compiled field experience data.

(c) Establish technical and licensing approaches for the application of the improved accuracy of this method toward increasing thermal power.

(d) Assist customers in obtaining NRC approval for increases in thermal power based on appropriate use of the LEFMV for calorimetric power measurement.

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Further this information has substantial comme *cial value as follows:

l (a) Caldon plans to sell the LEFMV and use of similar information to its customers I for purposes of meeting NRC requirements for operation at increased thermal power.

(b) Caldon can sell support and defense of the technology to its customers in the licensing process.

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Public disclosure of this proprietary information is likely to cause substantial hann to the competitive position of Caldon because it would enhance the ability of competitors to provide similar flow and temperature measurement systems and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without the right to use the information.

The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Caldon effort and the expenditure of a considerable sum of money. 1 In order for competitors of Caldon to duplicate this information, similar products would have to ,

be developed, similar technical programs would have to be performed, and a significant manpower effort, having the requisite talent and experience, would have to be expended for developing analytical methods and receiving NRC approval for those methods.

Further the deponent sayeth not.

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