ML20207A898

Advises That Versions of SCE-9801-P,Rev 0 & CEN-635(S)-P, Rev 00,submitted in 981130 & s & Affidavits & 990225,marked Proprietary,Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5)

ML20207A898
Person / Time
Site:	San Onofre
Issue date:	05/25/1999
From:	Raghavan L NRC (Affiliation Not Assigned)
To:	Rickard I ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY
References
TAC-MA4289, TAC-MA4290, NUDOCS 9905280028
Download: ML20207A898 (5)

Text

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i s* . ijt NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 0001 May 25, 1999 Mr. Ian C. Rickard ABB Combustion Engineering Nuclear Operations 2000 Day Hill Road Windsor, CT 06095

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (SAN ONOFRE NUCLEAR GENERATING STATION, UNITS 2 AND 3)(TAC NOS. MA4289 AND MA4290)

Dear Mr. Rickard:

By Southern California Edison Company's (SCE's) application dated November 30,1998, and your affidavit dated November 25,1998, as supplemented by SCE's letter of March 1,1999, and your affidavit dated February 25,1999, SCE submitted SCE-9801-P, Rev. 0 (Reload Analysis Methodology for the San Onofre Nuclear Generating Station Units 2 and 3, November ,

1998) and CEN-635 (S)-P, Rev. 00 (Identification of NRC Safety Evaluation Report Limitations i and/or Constraints on Reload Analysis Methodology, February 1999), respectively, and requested that they be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary version of each report was also submitted for placement in the NRC public document room.

The affidavits stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

SCE-9801 P. Rev. 0

1. Development of this information by Combustion Engineering (CE) required millions of dollars and tens of thousands of manhours of effort. A competitor would have to undergo similar expense in generating equivalent information.

2. In order to acquire such information, a competitor would also require considerable time and inconvenience to develop the reload engineering analysis methodology, including the computer programs utilized and the scope of analyses performed for the San Onofre Nuclear Generating Station.

3. The information consists of the reload engineering analysis methodology, including the computer programs utilized and the scope of analyses performed for the San Onofre 9 Nuclear Generating Station, the application of which 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 l

l improve their product's position or impair the position of CE's product, and avoid developing similar data and analyses in support of their processes, methods, or apparatus.

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4. In pricing CE's products and services, significant research, development, engineering, analytical, manufacturing, licensing, quality assurance, and other costs and expens 9905280028 990525 PDR ADOCK 05000361 4

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T y I.C. Rickard must be included. The ability of CE's competitors to utilize such information without l

similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.

5. 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 CE's potential for obtaining or maintaining foreign licensees.

CEN-635 (S)-P. Rev. 00

1. Development of this information by CE required tens of thousands of dollars and hundreds of manhours of effort. A competitor would have to undergo similar expense in generating equivalent information.

2. In order to acquire such information, a competitor would also require considerable time and inconvenience to prepare an equivalent compilation of safety evaluation report (SER) limitations and/or constraints.

3. The information consists of the collection of SER limitations and/or constraints applicable to NRC-approved CE reload analysis methodologies in the aggregate, the 1 application of which provides a competitive economic advantage. The availability of i 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 developirg similar data and analyses in support of their processes, methods, or apparatus.

4. 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.

5. 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 CE's potential for obtaining or maintaining foreign licensees.

We have reviewed your application and the materialin accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the versions of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

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

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• I.C. Rickard -- 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 inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should understand that the 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 information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at (301) 415-1471.

Sincerely,

/s/

L. Raghavan, Senior Project Manager, Section 2 Project Directorate IV & Decommissioning Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-361 and 50-362 cc: See next page -

DISTRIBUTION Docket File PUBLIC PDIV-2 Reading SRichards LRaghavan CJamerson DGraves, RGN-IV M. P. Siemien, OGC -

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L l.C. Rickard . 1 l l l ' information to our consultants working in this area. We will, of course, ensure that the j'. consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public inspection should change in the futt -

such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Fraedom of Information Act request includes your information. In all review situations, if the NRC makes a determination

' adverse to the above, you will be notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at (301) 415-1471.

Sincerely, (w. (. -

L. Raghavan(, Senior Project Manager, Section Project Directorate IV & Decommissioning Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-361 and 50-362 cc: See next page I

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e. ' San Onofre Nuclear Generating Station, Units 2 and 3 j cc:

Mr. R. W. Krieger, Vice President Mayor Southern California Edison Company City of San Clemente San Onofre Nuclear Generating Station 100 Avenida Presioiv P. O. Box 128 San Clemente, CA 92672 San Clemente, CA 92674-0128 Mr. Dwight E. Nunn, Vice President Chairman, Board of Supervisors Southern California Edison Company County of San Diego San Onofre Nuclear Generating Station 1600 Pacific Highway, Room 335 P.O. Box 128 San Diego, CA 92101 San Clemente, CA 92674-0128 Alan R. Watts, Esq. Mr. Harold B. Ray Woodruff, Spradlin & Smart Executive Vice President 701 S. Parker St. No. 7000 Southern California Edison Company l Orange, CA 92668-4702 San Onofre Nuclear Generating Station P.O. Box 128 Mr. Sherwin Harrir, San Clemente, CA 92674-0128 l Resource Project Manager Public Utilities Department City of Riverside 3900 Main Street Riverside, CA 92522 l

Regional Administrator, Region IV U.S. Nuclear Regulatory Commission ,

Harris Tower & Pavilion  !

611 Ryan Plaza Drive. Suite 400  ;

Arlington, TX 76011-8064 '

Mr. Michael Olson San Ooofre Liaison .

San Diego Gas & Electric Company P.O. Box 1831 San Diego, CA 92112-4150 j Mr. Steve Hsu Radiologic Health Branch State Department of Health Services ,

Post Office Box 942732 Sacramento, CA 94234 Resident inspector / San Onofre NPS c/o U.S. Nuclear Regulatory Commission

- Post Office Box 4329 San Clemente, CA 92674 May 1999