ML20217M063
| ML20217M063 | |
| Person / Time | |
|---|---|
| Issue date: | 04/30/1998 |
| From: | Wen P NRC (Affiliation Not Assigned) |
| To: | Brinkman C ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY |
| References | |
| NUDOCS 9805040399 | |
| Download: ML20217M063 (4) | |
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UNITED STATES g
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NUCLEAR REGULATORY COMMISSION t
WASHINGTON, D.C. 20066-0001 4 *****,o 9
April 30, 1998 Mr. C.B. Brinkman, Director Nuclear Licensing ABB Combustion Engineering P.O. Box 500 2000 Day Hill Rd.
Windsor, CT 06095-0500
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR ABB COMBUSTION ENGINEERING LETTER OF MARCH 20,1998
Dear Mr. Brinkman:
By your letter (LD-98-010) dated March 20,1998, you forwarded supplemental information regarding two BWR control blade failures experienced in Japanese reactors and the implication of those failures to BWR contrcl blades provided by ABB-CE for use in U.S. reactors. Enclosed in the March 20 letter was an affidavit, also dated March 20,1998, stating that the submittal was considered proprietary by ABB-CE and requesting that the proprietary material be withhald from public disclosure in accordance with 10 CFR 2.790. This is the response to that request.
The affidavit states that the submittal contained designated information owned and held in confidence by ABB-CE 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.
Development of this information by Combustion Engineering and.ABB Atom required hundred of thousan<1s of dollars and thousands of manhours of effort. A competitor would have to undergo similar expense in generating equivalent information.
In order to acquire such information, a competitor would also require considerable time c.
and inconvenience to develop the BWR Control Blade commercial distribution, inspection, problem evaluation and design related information.
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The information consists of BWR Control Blade commercial distribution, inspection, problem evaluation and design related information, the application of which provides a competitive economic advantage. The availability of such information to competitors 0 R[>b 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.
2., b U O 9805040399 990430 PDR TOPRP ENVC-E C
o C. Brinkman April 30, 1998 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 l_nformation without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.
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 commercialinformation.
Therefore, we have determined that the submittal (Enclosures 1 through 4 of the letter), which are 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 y
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 infom1ation.
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 l
NRC may have cause to review this determination in the future if, for example, the scope of a l
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, t $ C. I U Peter C. Wen, Project Manager Generic issues and Environmental i
Projects Branch Division of Reactor Program Management l
Office of Nuclear Reactor Regulation cc: See next page I
f O
C. Brinkman April 30, 1998 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.
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 commercialinformation.
i Therefore, we have determined that the submittal (Enclosures 1 through 4 of the letter), which are marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR l
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 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, N C. U d Peter C. Wen, Project Manager Generic issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation cc: See next page DISTRIBUTION: Docket File PUBLIC PGEB R/F JRoe TEssig FAkstulewicz MPSiemien TQollins MCp/tterton PWen
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ABB-Combustion Engineering, Inc.
cc:
Mr. Charles B. Brinkman, Director Nuclear Systems Licensing ABB-Combustion Engineering, Inc.
Post Office Box 500 2000 Day Hill Road Windsor, Connecticut 06095-0500 Mr. Ian C. Rickard, Director Operations Licensing ABB-Combustion Engineering Nuclear Operations Post Office Box 500 2000 Day Hill Road Windsor, Connecticut 06095-0500 Mr. Charles B. Brinkman, Manager Washington Nuclear Operations l
ABB-Combustion Engineering, Inc.
12300 Twinbrook Parkway, Suite 330 Rockville, Maryland 20852 l
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