ML20216C930
| ML20216C930 | |
| Person / Time | |
|---|---|
| Issue date: | 03/11/1998 |
| From: | Wen P NRC (Affiliation Not Assigned) |
| To: | Pilmer D SOUTHERN CALIFORNIA EDISON CO. |
| References | |
| PROJECT-692 NUDOCS 9803160242 | |
| Download: ML20216C930 (5) | |
Text
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UNITED STATES g
j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30006 4001
- +l March 11, 1998 Mr. David F. Pilmer. Chairman Combustion Engineering Owners Group Southern Califcenis Edison Irvine Operations Center Room 109C 23 Parker Street Irvine. California 92718
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR COMBUSTION ENGINEERING OWNERS GROUP LETTER OF FEBRUARY 16, 1998
Dear Mr. P11mer:
Your letter of February 16, 1998. forwarded Combustion Engineering Owners' Group submittal of CENPD-388-P. " Extension of the 1-Pin Burnup Limit to 65 mwd /kgu for ABB PWR Fuel with DDTIN Cladding." In the letter. you stated that certain designated informati v e the report was considered proprietary information and requested that this information be withheld from public disclosure pursuant to 10 CFR 2.790.
You also provided affidavit with your letter, dated February 12, 1998, executed by Mr. Ian Rickard. Director. Operations Licensing for ABB-Combustion Engineering.
The affidavit stated that the report contained information consisting of trade secrets, privileged or confidential commercial or financial information. The information is owned and held in confidence by Combustion Engineering which should be considered exempt from mandatory public disclosure for the following reasons:
a.
A similar product is manufactured and sold by major pressurized water 1
reactor competitors of Combustion Engineering.
b.
Development of this information by Combustion Engineering required millions of dollars and tens of thousands of manhours of effort. A l
competitor would have to undergo similar expense in generating equivalent information.
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In order to acquire such information a competitor would also require considerable time and inconvenience to develop similar fuel performance data and analytical methods.
d.
The information consists of fuel performance _ data, models. Land aspects of codes for Combustion Engineering's 14x14 and 16x16 fuel assembly designs.
I 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 reviewed your submittal and the material in accordance wita the requirements of 10 CFR 2.790 and, on the basis of Combustion Engineering's statements, have determined that the submitted information sought to be withheld does contain trade secrets or proprietary commercial information.
Therefore, we have determined that the report (Enclosure 1 of the letter),
which is 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 documents.
If the need arises, we may send copies of this information to our consultants working in this area. We will. of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information, u
4 D.
Pilmer If the basis for withholding this information from public disclosure should change in the future such that the information could then be made available for public inspection, you should promptly notify the Nuclear Regulatory Commission (NRC).
You should also understand that NRC may have cause to review this determination in the future if, for example, the scope of a Freedom 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,
?<dv C. UJ Peter C.
Wen, Project Manager 4
Generic Issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation Project No. 692 s
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D.
Pilmer If the basis for. withholding this information from public disclosure should change in the future such that the information could then be made available for public inspection, you should promptly notify the Nuclear Regulatory Commission'(NRC),
You should also understand that NRC may have cause to review this determination in the future if, for example, the scope of a Freedom 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.
Original Signed By:
Peter C.
Wen, Project Manager Generic Issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation Project No. 692 cc:
See next page DISTRIBl]Il0N:
Docket File
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CE OWNERS GROUP.
cc: Mr. Gordon C. Bishoff CE0G Project Manager ABB Combustion Engineering 1
M.S. 9615-1932 1000 Prospect Hill Road j
Windsor, CT 06095 i
Mr. David Pilmer, Chairman CE Owners Group
- Southern California Edison Irvine Operations Center Room 109C 23 Parker Street Irvine. California 92718 Mr. Charles B. Brinkman. Director Nuclear Systems' Licensing ABB-Combustion Engineering, Inc.
Post Office Box 500 1000 Prospect Hill Road Windsor. CT 06095 Mr. Charles B. Brinkman, Manager Washington Nuclear Operations ABB-Comt,ustion Engineering. Inc.
12300 Twinbrook Parkway. Suite 330 1
Rockville, MD 20852
.