ML20210T053
| ML20210T053 | |
| Person / Time | |
|---|---|
| Site: | Calvert Cliffs  |
| Issue date: | 02/10/1987 |
| From: | Mcneil S Office of Nuclear Reactor Regulation |
| To: | Tiernan J BALTIMORE GAS & ELECTRIC CO. |
| References | |
| NUDOCS 8702180043 | |
| Download: ML20210T053 (4) | |
Text
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February 10, 1987 a
Distribution' -
Docket Nos.,50-317-
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~Mr. J LAbTiernan-Gray File 3.2a-
!JPartlow Vice President-Nuclear Energy
.FMiraglia
- Baltimore Gas'!& Electric Company.
'P. 0. Box 1475 Baltimore,' MD21203 4
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Dear Mr. Tierrian:
1
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION'FROM'PUBLIC DISCLOSURE
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By your letter-dated October 21, 1986 and Combustion. Engineering's. affidavit Ldated October 116,'1986,' you submitted the Combustion Engineering (CE) report 2
CEN-345(B)-P,;" Responses to NRC Questions on FATES 38," dated October 17, 1986.
'You. requested'that.the CE report'be withheld from public disclosure pursuant u
'to 10 CFR 2.790.
Previously,-the CE report-containing FATES 3B its' elf, CEN-161(B)-P,1 Supplement 1-P, " Improvements to Fuel Evaluation Model,'? dated April 1986 was' approved for withholding from public disclo'sure in the Commission letter of June 9,;1986.
Combustion Engineering,LInc., stated that the'information should be' considered-exempt from mandatory public disclosure for the following reasons:
1.
The'informationsoughttobewithheldfrompublicdidclosureis related to CE's fuel performance' analysis code and supporting
-experimental data, 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 resultsLin a substantial competitive advantage to Combustion Engineering.
p 3.
The information is of a type customarily held in confidence by l-
. 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 by it and, in i
that connection, utilizes a system to determine when and whether to hold certain types of information in confidence.
The details of the l
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.
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4.
The information is being transmitted to the Commission in confidence P
under the provisions of 10 CFR 2.790 with the understanding that it is to be received in confidence by the Commission.
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_The information... is not available in public. sources, and any disclosure to third parties has-been made pursuant to regulatoryL s:
i-provisions or proprietary agreements which provide for mpintenance of the.information in confidence.
6.~
Public disclosure of the information is likely to cause substantial harm to the competitive position-of Combustion Engineering because:
a.
A similar product is man'ufactured and sold by major. pressurized water reactor competitors of Combustion Engineering.
b.
Development of this information by C-E required thousands of 4'
manhours of effort and tens of thousands of dollars.
To the best of my knowledge and belief a competitor would have to i
undergo 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 development of fuel performance analysis codes and obtaining the necessary experimental data.
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.
l e.
The information consists of responses to NRC questions i-concerning CE's fuel performance analysis code and supporting
,~
. experimental data, the application of which provides a competi-tive economic advantage.
The availability of such information i
to competitors would enable them to modify their product to L
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, significant research, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs and l
expenses must be included.
The ability of Combustion l
Engineering's competitors to utilize such information without l-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
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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.
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A
. -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 CEN-345(B)-P, entitled " Responses to NRC Questions on FATES 3B" 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 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/
Scott Alexander McNeil, Project Manager
.i PWR Project Directorate #8 Division of PWR Licensing-B cc:
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Mr.1J. A. Tiernan Baltimore Gas & Electric Company
- Calvert Cliffs Nuclear Power Plant cc:
Mr. William _T."Bowen, President Regional Administrator, Region I Calvert County' Board of U.S. Nuclear Regulatory Commission Commissioners Office of. Executive Director Prince Frederick, Maryland 20768 for Operations 631 Park Avenue D. A. Brune, Esq.
. King of Prussia, Pennys1vania 19406
-General' Counsel Baltimore Gas and Electric Company P. 0.-Box 1475 Baltimore, Maryland 21203
. Jay E. Silberg
- Shaw,.Pittman, Potts and Trowbridge 2300 N Street, N.W.
Washington,.DC 20037
-Mr. M. E. Bowman, General Supervisor Technical Services Engineering Calvert Cliffs Nuclear Power Plant MD Rts 2 &'4, P..0. Box 1535 Lusby, Maryland 20657-0073 Resident Inspector c/o U.S. Nuclear Regulatory Commission P. O. Box 437' Lusby, Maryland 20657-0073 Bechtel Power Corporation-ATTN:
Mr.'D. E. Stewart Calvert Cliffs Project Engineer
. 15740 Shady Grove Road t.
Gaithersburg, Maryland 20760 Combustion Engineering, Inc.
ATTN:
Mr. W. R. Horlacher, III Project Manager P. O. Box 500 1000 Prospect Hill Road
- Windsor, Connecticut 06095-0500 Department of Natural Resources
- Energy Administration, Power Plant Siting Program ATTN: Mr. T. Magette Tawes State Office Building Annapolis, Maryland 21204
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