ML20207P678
| ML20207P678 | |
| Person / Time | |
|---|---|
| Site: | Fort Calhoun  |
| Issue date: | 01/14/1987 |
| From: | Paulson W Office of Nuclear Reactor Regulation |
| To: | Andrews R OMAHA PUBLIC POWER DISTRICT |
| References | |
| TAC-63967, NUDOCS 8701200041 | |
| Download: ML20207P678 (4) | |
Text
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January 14, 1987 istribution E)lecnettnefo ACRS (10)
Docket No. 50-285 NRC/ Local PDR PKreutzer PBD-8 Reading'
. Paulson W
FMiraglia EJordan Mr. R. L. Andrews OGC-Bethesda BGrimes Division Manager - Nuclear Production JPartlow NThompson Omaha'Public Power District Gray File 3.3a 1623 Harney Street Omaha, Nebraska.68102
Dear Mr. Andrews:
~
SUBJECT:
REQUEST FOR WITHHOLDING'INF0PMATION FROM PUBLIC DISCLOSURE By your letter dated December 15, 1986 and Combustion Engineering's affidwit dated November 5, 1986, you submitted documents entitled " Omaha Batch M Reload Fuel Design Report," CEN-347(0)-P (proprietary version) and CEN-347(0)-NP (non-proprietaryversion). You requested that document CEN-347(0)-P be withheld from public disclosure pursuant to 10 CFR 2.790.
Combustion Engineering, Inc., stated that the information should be considered exempt from mandatory public disclosure for the following reasons:
1.
The information sought to be withheld from public disclosure concerns the design and analysis of the Ft. Calhoun Batch M fuel assemblies, 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 b/ it and, in that connection, utilizes a system to determine whea 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 is proprietary.
4.
The information is being transmitted to the Coninission in confidence under the provisions of 10 CFR 2.790 with the understanding that it is to be received in confidence by the Commission.
B C701200041 870114 DR ADOCK 0500 S.
1 5.
The ir. formation... is not available in public sources, and any disclosure 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 ham to the competitive position of Combustion Engineering because:
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 manhcurs of effort and tens of thousands of dollars. To the best of my knowledge and belief a competitor would have to underge 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 design and analysis of comparable fuel assemblies.
d.
The information required significant effort and expense to obtain the licensing approvals necessary for application of the information. Avoidance of this expense would decrease a competitor's cost in applying the information and marketing the product to which the information is applicable.
e.
The inforration consists of fuel rod design and associated analysis, the application of which provides a competitive economic advantage. The availability of such information to competitors would engage them to modify their product to better compete with Combustion Engineering, take marketing or other actions to improve their product's position or irpair the position of Combustion Engineering's product, and avoid developing similar data and analyses in support of their i
processes, methods or apparatus.
l 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 j
Engineering's competitors to utilize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.
i 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 i
have an adverse economic impact on Combustion Enginee ing's potential for obtaining or maintaining foreign licensees.
l
We have reviewed your submittal and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of Combustion Engineering's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, we have determined that Combustion Engineering Report CEN-347(0)-P, entitled " Omaha Batch M Reload Fuel Design Report," marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atonic 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 document.
If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, insure 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 should also understand that the NRC may have cause to review this determination in the future, such as if the scope of a Freedom of Information Act request includes your information.
In all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely,
/s/
Walter A. Paulson, Project Manager PWR Project Directorate #8 Division of PWR Licensing-B cc: See next page I
L PBD- :
P PBD-PKf er W u? son;jch AThadani 01/)/87 01//t /87 I
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O-Mr. R. L. Andrews Fort Calhoun Station Omaha Public Power District Unit No. I cc:
Harry H. Voigt, Esq.
LeBoeuf, Lamb, Leiby & MacRae 1333 New Hampshire Avenue, NW Washington, D.C.
20036 Mr. Jack Jensen, Chairman Washington County Board of Supervisors Blair, Nebraska 68008 Mr. Phillip Harrell, Resident Inspector
\\s U.S. Nuclear Regulatory Commission P. O. Box 309 Fort Calhoun, Nebraska 68023 Mr. Charles B. Brinkman, Manager Washington Nuclear Operations
-C-E Power Systems 7910 Woodmont Avenue Bethesda, Maryland 20814 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Office of Executive Director for Operations 611 Ryan Plaza Orive, Suite 1000 Arlington, Texas 76011 Harold Borchert, Director Division of Radiological Health Department of Health 301 Centennial Hall, South P. O. Box 95007 ~~ -~" ~ ~ " *~ ~' ' ' ~ ' ' ' ' ' '"
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Lincoln, Nebraska 68509
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