ML20210L661
| ML20210L661 | |
| Person / Time | |
|---|---|
| Issue date: | 08/13/1997 |
| From: | Stewart Magruder NRC (Affiliation Not Assigned) |
| To: | Rickard I ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY |
| References | |
| NUDOCS 9708210265 | |
| Download: ML20210L661 (5) | |
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NUCLEAR REGULATORY COMMISSION 2
WASHINGTON, D.C. 30seHOM
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August 13, 1997 Mr. Ian C Rickard, Director Operations Licensing Combustion Engineering, Inc.
P.O. Box 500 1000 Prospect Hill Windsor, Connecticut 06095
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, ABB-COMBUSTION ENGINEERING LETTER OF APRIL 21,1997
Dear Mr. Rickard:
I am responding to your letter (PO-97-024) dated April 21,1997, in which you submitted presentation material on the ABB-Combustion Engineering (ABB-CE) licensing plan for new steam generator tube repair technology, for the meeting held between the Nuclear Regulatory Commission (NRC) and ABB-CE on April 18,1997, at the NRC offices in Rockville, Maryland. In the letter, you requested the proprietary material be withheld from public disclosure in accordance with 10 CFR 2.790.
Your application did not include a non-proprietary version of the ABB Advanced Tube Repair Program and we request that a non-proprietary version of the presentation materials be submitted to NRC for release to the NRC Public Document Room. Egg 10 CFR 2.790(b)(1)(li).
In the affidavit dated April 18,1997, you stated that ABB-CE considered certain informatioa proprietary and requested that it be withheld from public disclosure pursuant tc 10 CFR 2.790. The affidavit states that this information should be considered exompt from mandatory public disclosure for the following reasons:
a.
A similar product is manufactured and sold by major pressurized water WM reactor competitors of Combustion Engineering.
b.
Development of this information by Combustion Engineering required tens of thousands of dollars and hundreds of man-hours of effort. A competitor Ok(v would have to undergo similar expense in generating equivalent information.
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L aieterd 2 August 13, 1997 In order to acquire such information, a competitor would also require c. considerable time and inconvenience to obtain information regarding planning, development and licensing activities for ABB Combustion Engineering steam generator tube repair technology. d. The information consists of planning, development and licensing activities for ABB Combustion Engineering advanced fuel designs, 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. e. 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 Engineering's competitors to utilize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs. f. 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. We have carefully reviewed your April 21,1997, request and the information contained in your request. We have concluded that the submitted information sought to be withheld contains trade secrets or proprietary commercial information. Therefore, the version of the submitted information marked as proprietary will be withheld from public j 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 document. If the need arises, we may send copies of this information to our consultants working in this area.L 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 should also understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom
I. Rickard 3 August 13, 1997 of information Act request included 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, M -t. Stewart L. Magruder, roject Manager Generic Issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation ec: See next page l i t 1
August 13, 1997
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of Information Act request includad your information. In all coview situations, if the NRC needs additional informatin from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure. Sincoroly, Original Signed By: Stewart L Magruder, Project Manager Generic Issues tad Environmental Pro'octs Branch Division of Rear. tor Program Management Office of Nuclow Roactor Regulation 4 cc: See next page DISTRIBUTIDit Cental File PUBLIC PGEB R/F DMatthews FAkstulewicz SMagruder MPSlomion, OGC ESullivan DOCUMENT NAME: G\\KDC\\PROPLTRA21 1 To recebe a copy of this documert, ind cate in the tex:'C's Copy without attachme 'enck4ure *E's Copy WRh attachment!erglosure
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i 1 ABB-Combustion Engineering, Inc. cc: Mr. Charles B. Brinkman, Director Nuclear Systtoms Lloonsing ABS-Combustion Engineering, Inc P.O. Box 600 1000 Prospect Hill Road Windsor, Connecticut 060g5-0500 Mr. Ian C. Rickard, Director Operations Licensing ABS-Combustion Engineering, Inc P.O. Box 500 1000 Prospect Hill Ro6d Windsor, Connecticut 060g5-0500 i Mr. Charles B. Brinknlan, Manager 4 Washington Nuclear Operations ABS-Combust %n Engineering, Inc. 12300 Twinbn.ok Parkway, Suite 330 i Rockville, MD 20852 ,_}}