ML20207R798

Forwards C-E Nonproprietary Encl 1-NP & Proprietary Encl 1-P to B-87-018, Responses to NRC Request for Addl Info On... Element Assembly Misalignment Tech Spec Change,Calvert Cliffs. Proprietary Encl Withheld (Ref 10CFR2.790)

ML20207R798
Person / Time
Site:	Calvert Cliffs
Issue date:	03/13/1987
From:	Tiernan J BALTIMORE GAS & ELECTRIC CO.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19292G930	List: ML20207R798 ML20207R838
References
NUDOCS 8703180147
Download: ML20207R798 (6)

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4-s- BALTIMORE GAS AND ~

ELECTRIC CHARLES CENTER R O. BOX 1475 BALTIMORE, MARYLAND 21203 JOSEPH A.TIERNAN vice PResiosur NUCLEAR ENERQY March 13,- 1987 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 ATTENTION: Document Control Desk

SUBJECT:

Calvert Cliffs Nuclear Power Plant Unit Nos.1 & 2; Docket Nos.' 50-317 & 50-318.

CEA Misalignment Amendment Request - Submittal of Additional Information

REFERENCE:

(a) . Letter from Mr. S. A. McNeil (NRC), to Mr. 3. A. Tiernan (BG&E),

dated January 6,1987, Request for. Additional Information - CEA Misaligament Amendment Request (b) Enclosure 1-P to B-87-018, Responses to NRC Request for Additional Information on CEA Misalignment Technical Specification Change - Calvert Cliffs, CE, March 1987 Gentlemen:

In Reference (a), you requested additional information regarding our proposed modifica-tion of Technical Specification 3/4 1.3, " Movable Control Assemblies." In response to

- your questions, this letter transmits copies numbered 000001 through 000003 of Reference (b). Also attached is one unnumbered copy of the non-proprietary version of this document. We request the documents designated as proprietary be exempted from public disclosure in accordance with 10 CFR 2.790. The relevant proprietary affidavit

- for the subject material is enclosed.

Should you have any additional questions regarding this matter, we will be pleased to

~ discuss them with you.

4 Very truly yours, (l/ W i

3AT/LSL/ dim gg q j hg I I NP rs703180147 870313 .i g PDR ADOCK 05000317 P PDR L

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Document Control Desk March 13,1987 Page 2 cc: WITHOUT PROPRIETARY ATTACHMENTS D. A. Brune, Esquire

3. E. Silberg, Esquire A. C. Thadani, NRC S. A. McNeil, NRC T. E. Murley, NRC T. Foley/D. A. Trimble T. Magette, DNR f

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AFFIDAVIT PURSUANT TO 10 CFR 2.790 Combustion Engineering, Inc. )

State of Connecticut )

County of Hartford ) SS.:

I, A.E. Scherer, depose and say that I am the Director, Nuclear Licensing, of Combustion Engineering, Inc., duly authorized to make this affidavit, and have reviewed or caused to have reviewed the information which is identified as proprietary and referenced in the paragraph immediately below. I am submitting this affidavit in conformance with the provisions of 10 CFR 2.790 of the Commission's regulations in conjunction with the application of Baltimore Gas and Electric (BG&E) for withholding this information.

The information for which proprietary treatment is sought is contained in the following document:

Enclosure 1-P to B-87-018, Responses to NRC Request for Additional Information on CEA Misalignment Technical Specification Charge, Calvert Cliffs, March 1987.

This document has been appropriately designated as proprietary.

I have personal knowledge of the criteria and procedures utilized by Combustion Engineering in designating information as a trade secret, privileged or as confidential commercial of financial information.

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, included in the above referenced document, should be withheld.

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1. The information sought to be withheld from public d*sclosure concerns the y

methodology used in the generation of DNB related setpoints arid technical specifications, which is owned and has been held in confidence by Combustion Engineering.

2. -The information consists of testidata or other simO ar data concerning a

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process, meth7 d or component, the application of which rast1th in substantial competitivi advantage to Combustion Engineering. .

3. The information j is of a type customarily held in confiderhe by Combustion Engineering and not customarily disclosed to the public. Combustion Engineering has a rational.cnasis for determining the; types of information customarily held in confidence by it andbir ~that connection, utilizes a system to determine when and whether to hold entain 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 are proprietary.

4. The information is being transuitted to the Commis_sion in confidence under the provisions of 10 CFR 2".79b with the understanding that it is to be received in confidence by the Commission. s

5. The information, to the best of my knowMdge and belief, is not available i

in public sources, and any disclosure to third parties has been made pursuant to regulatory provisions or proprietary agetegents which provide for maintenanceoftheinformationinjonfidence.

6. Public disclosure of the info (1ation is likeTy to cause substantial harm to the competitive position of Combustion Engineering because:

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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 tens of thousands of manhours of effort and hundreds of thousands of dollars. To the best of my knowledge and belief a competitor would have to undergo similar expense in generating equivalent information.

c. In order to acquire such information, a competitor would also-require considerable time and inconvenience developing a similar methodology for the generation of DNB related setpoints and technical specifications.

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.

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e. The information consists of answers to specific NRC questions

. concerning a BG&E CEA misalignment amendment request, 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 Combustion Engineering, take marketing or other actions to

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

f. In pricing Combustion Engineering's products and services, l significant research, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included.

The ability of Combustion Engineering's competitors to utilize such I

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information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.

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 have an adverse economic impact on Combustion Engineering's potential for obtaining or maintaining foreign licensees.

Further the deponent sayeth not.

n s-A.E. Wrer Director Nuclear Licensing Sworn to before me this #" day of 7Dcvici, /95'7, Notary Public ew <d (USANNE SMmt, NOTARY PUBUC state of Connecticut No. 74143 Committion Dpires March 31,1990 l

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