ML20216D781
| ML20216D781 | |
| Person / Time | |
|---|---|
| Issue date: | 07/23/1999 |
| From: | Stewart Magruder NRC (Affiliation Not Assigned) |
| To: | Rickard I ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY |
| References | |
| NUDOCS 9907300105 | |
| Download: ML20216D781 (3) | |
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July 23, 1999 Mr. Ian C. Rickard, Director Nuclear Licensing ABB Combustion Engineering Nuclear Power P.O. Box 500 2000 Day Hill Road Windsor, Connecticut 06095
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR ABB COMBUSTION ENGINEERING NUCLEAR POWER (ABB CENP)
Dear Mr. Rickard:
By letter dated June 5,1998, (LD-98-015), ABB CENP submitted CENPD-199-P, Revision 1-P-A, Supplement 2-P-A, "CE Setpoint Methodology," June 1998. The letter stated that designated information in the report enclosed with the letter was considered proprietary information consisting of trade secrets, privileged or confidential commercial or financial information. The letter requested that this information be withheld from public disclosure pursuant to 10 CFR 2.790. A non-proprietary version was submitted for placement in the public document room.
An affidavit dated June 2,1998, was also provided with the letter stating that the material contained designated information 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 reactor competitors of Combustion Engineering.
b.
Davelopment of this information by Combustion Engineering required hundreds of thousands of dollars and thousands of man-hours of effort. 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 to develop equivalent setpoint rnethodology and thermal-hydraulic methodology including DNB methods.
d.
The information consists of details of setpoint methodology and thermal-hydraulic 0
methodology including DNB methods, the application of which provides a competitive 4
economic advantage. The availability of such information to competitors would enable
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them to modify their product to better compete with Combustion Engineering, take f (;)'/
marketing or other actions to improve their product's position or impair the position of g\\ '
Combustion Engineering's product, and avoid developing similar data and analyses in d
support of their processes, methods or apparatus.
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In pricing Combustion Enginscring's products.c.nd s:rvicts, significant res: arch, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included.- The ability of Combustion Engineering's
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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 with 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. This information, 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.
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 incpection, you should promptly notify the 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 Originaf signed by:
Stewart L. Magruder, Project Manager Generic Issues, Environmental, Financial and Rulemaking Branch Division of Regulatory improvement Programs Office of Nuclear Reactor Regulation cc:
Mr. Charles B. Brinkman, Director Washington Operations ABB Combustion Engineering Nuclear Power 12300 Twinbrook Parkway, Suite 330 Rockville, Maryland 20852 DISTRIBUTION: Central File PUBLIC RGEB R/F SDem ck CCarpenter FAkstulewicz SMagruder MSiemien, OGC Document Name:g:\\simipropitr.cenpd199.wpd
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- l. Rickard 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 intemational 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 with 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. This information, 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 cf 1954, as amended.
Withholding from public inspection shall not affect the right, if any, of persons properly and directly concemed 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.
.lf 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 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,
. J : t d "A -
Stewart L. Magruder, P ject Manager Generic issues, Environmental, Financial and Rulemaking Branch Division of Regulatory improvement Programs Office of Nuclear Reactor Regulation
. cc: - Mr. Charles B. Brinkman, Director Washington Operations ABB Combustion Engineering Nuclear Power 12300 Twinbrook Parkway, Suite 330 Rockville, Maryland.20852
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