ML20212D740
| ML20212D740 | |
| Person / Time | |
|---|---|
| Site: | Fort Calhoun  |
| Issue date: | 02/26/1987 |
| From: | Paulson W Office of Nuclear Reactor Regulation |
| To: | Andrews R OMAHA PUBLIC POWER DISTRICT |
| References | |
| TAC-60896, NUDOCS 8703040189 | |
| Download: ML20212D740 (4) | |
Text
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_-Februtry,26, 1987
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- Docket.No. 50-2856
' DISTRIBUTION:
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LMr. R. L. Andrews-PBD#8 Rdg-Division Manager - Nuclear Production FMiraglia,
Omaha Public Power District '
PMKreutzer 1623~Harney Street EShomaker, OELD
' Omaha, Nebraska 68102_
.:EJordan BGrimes
Dear'Mr. Andrews:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE s
By your. letter dated February 28, 1986 and_ Combustion Engineering's affidavit dated February 26, 1986 you submitted a document entitled "Special Report,
. Fort Calhoun Station Unit No."1, End of. Cycle 9 CEA' Inspection Research and' Impact on Cycle 10 Operations ~," and requested that it be withheld from public disclosure pursuant to.10'CFR 2.790.
Combustion Engineering,JInc... 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
~is a discussion ~of Control Element Assembly Circumferential' strain inspection' data'and design limits, which is owned and has been held in confidence by_ Combustion Engineering.
2.
The information consists of test dat'a or other similar data
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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 by it and, in that connection, utilizes a system to determine ~when 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 Commission in confidence 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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5The information'... is notLavailable in p' blic sources,:~and 'any '
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' disclosure.to third parties;has been made pursuant to regulatory-
- ' provisions.or:propr tetary agreements which provide for maintenance -
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'ofzthe'information jn confidence. ~
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Public. disclosure ^ of ti:e' information tis likely to:cause substantial-
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-harm to.the competitive-position of Combustion (Engineering.becausei
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a.
A similar' product;is asnufactured.and. sold.by major pressurized water Qeactor. competit its ; of Combustion' Engineering.
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b.
Development of this infirmation by C-E required thousandsfof-manhours.of effort and : ens ~of thousands of dollars.- To thef e
best of' my knowledge and belief a competitor would have to -
undergo similar expense _in, generating equivalent information.
' In order to acquire such information, a competitor would also-c.
. require considerable time and inconvenience related to the development'of circumferential strain inspection _ data and design limits'for Control Element Assemblies.
d.
The information required significant effort and expense.to obtain the licensing approvals nec.essaryffor 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 information consists of?a discussion of Control Element-Assembly circumferential strain inspection data and design limits, the application of which provides a competitive economic advan-4 tage.
The avai1 ability of'ssJch informativ.ito competitors would ena_ble them to modify their product to'better compete with CombustioniEngineering, take marketing or other actions to impr'ove their. product's posi. tion or impair the position of Combustion Engineering's product, and avoid' developing similar data and analyses in' support of their processes, methods or apparatus.
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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
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Engineering's competitors to utilize such 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 I
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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 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.the report entitled "Special Report, Fort
~Calhoun Station Unit 1No.1, End of Cycle 9 CEA Inspection Results and JImpact on Cycle 10 Operations," 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
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- 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.
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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
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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 l-cc:
See next page PBD:
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Mr.' R. L. Andrews' Fort Calhoun Station Omaha Public Power District Unit No. 1 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
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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 Drive, Suite 1000 Arlington, Texas 76011 Harold Borchert, Director Division of Radiological Health Department of Health 301 Centennial Mall, South P.O. Box 95007 Lincoln, Nebraska 68509 l
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