ML20236B414

Forwards Proprietary Draft 1 of BAW-10168P, ...B&W LOCA Evaluation Model for Recirculating Steam Generator Plants, to Be Used for LOCA Analysis of Catawba & McGuire Reload Fuel Cycles.Rept Withheld (Ref 10CFR2.790).Fee Paid

ML20236B414
Person / Time
Site:	Mcguire, Catawba, McGuire, 05000000
Issue date:	07/13/1987
From:	Taylor J BABCOCK & WILCOX CO.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19292H575	List: ML20236B414
References
JHT-87-137, NUDOCS 8707290107
Download: ML20236B414 (10)

Text

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Babcock & Wilcox suci..rpo..roivi. ion a McDermott company 3315 Old Forest Road P.O. Box 10935 Lynchburg, VA 24506 0935 (804) 385 2000 JHT/87-137 l

July 13, 1987 l Dr. Thomas E. Murley, Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D.C. 20555

Subject:

B&W LOCA Evaluation Model for Recirculating Steam Generator Plants

Reference:

J. H. Taylor (B&W) to Carl H. Berlinger (NRC),

Licensing Plan for Catawba /McGuire Reloads, JHT/86-104, May 23, 1986.

Dear Dr. Murley:

Enclosed are five (5) copies of Babcock & Wilcox proprietary Topical Report BAW-10168P Draft 1, "B&W Loss-of-Coolant Accident Evaluation Model for Recirculating Steam Generator Plants." This report describes the evaluation model that B&W will use for the LOCA analysis of the Catawba and McGuire nuclear stations which are owned by Duke Power Company. B&W  !

will be supplying reload fuel for these two stations. B&W's )

planned submittal date for this document was sent to the i previous chief of the Reactor Systems Branch in the reference  !

listed above. That letter provided the schedule for i submitting the total package of ECCS and safety analysis l topical reports which will be employed by B&W to analyze the Catawba and McGuire reload fuel cycles.

This report and others that were described in the reference are being submitted in draft form to permit interaction between B&W and the NRC and to ensure a timely review and approval to support Duke Power's scheduled needs.

As a result of a meeting held last month with representatives of the NRC, B&W and Duke Power Company we are quite concerned about the lack of progress in reviewing a number of topical reports connected with the planned installation of B&W fuel in the Catawba and McGuire Stations. We have agreed from the outset of our discussion with the staff starting in early 1986, that the licensing review of this program should be quite straightforward.

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Nevertheless, there' are reviews and approvals of several topical reports required by the NRC. During the'past year, we have followed the agreed upon plan and schedule for' submitting information to the staff, but to date no staff review work has been initiated. We therefore request your attention to this matter. I have recently spoken to Mr. Thadani about this lack of progress'and he has committed to provide feedback by July .

25, 1987. Because the problem is likely to involve resource or budget matters beyond his control, it is requested that'you also give this matter your personal attention.

Babcock & Wilcox requests in accordance with 10 CFR 2.790 that the report be considered proprietary. Information supporting this request is included in the attached affidavit.

Pursuant to 10 CFR 170.12 an application fee check in the amount of $150.00 is enclosed.

Very truly yours, J. H. Taylor Manager, Licensing Services JHT/CFM/ lam cc: R. B. Borsum M. W. Hodges A. C. Thadani i

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Babcock &Wilcox AFFIDAVIT OF JAMES H. TAYLOB l

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A. My name is James H. Taylor. I am Manager of Licensing Services in the Nuclear Power Division of the Babcock & Wilcox Company, and as such I am authorized to execute this Affidavit.

l B. I am familiar with the criteria applied by Babcock & Wilcox to determine whether certain information of Babcock & Wilcox is proprietary and I am familiar with the procedures established within Babcock & Wilcox, particularly the Nuclear Power Division, to ensure the proper application of these criteria.

C. In determining whether a Babcock & Wilcox document is to be classified as proprietary information, an initial determination is made by the Unit Manager, who is responsible for originating the document, as to whether it falls within the criteria set forth in Paragraph D hereof. If the information falls within any one of these criteria, it is classified as proprietary by the originating Unit Manager. This initial determination is reviewed by_the cognizant Section Manager. If the document is

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designated as proprietary, it is reviewed again by Licensing personnel and other management within the Nuclear Power Division as designated by the Manager of Licensing Services to assure that the regulatory requirements of 10 CFR Section 2.790 are  !

met.

D. The following information is provided to demonstrate that the provisions of 10 CFR'Section 2.790 of the Commission's regulations have been considered:

(i) The information has been held in confidence by the Babcock & Wilcox Company. Copies of the document are clearly identified as proprietary. In addition, whenever

1 Babcock &Wilcox I

AFFIDAVIT OF JAMES H. TAYLOR (Cont'd.)

1 Babcock & Wilcox transmits the information to a. customer, customer's agent, potential customer or regulatory agency, the transmittal requests the recipient to hold l

the information'as proprietary. Also, in order

.to strictly limit any potential or actual customer's use j of proprietary information, the following provision is included in all proposals submitted by Babcock & Wilcox, and an applicable version of the proprietary provision is included in all of Babcock and Wilcox's contracts:

" Purchaser may retain Company's proposal for'use in j connection with any contract resulting~ therefrom, and, for that purpose, make'such copies thereof as may be necessary. Any proprietary'information- I concerning Company's or its Supplier's products or )

manufacturing processes'which is.so designated by Company or its Suppliers and disclosed to-Purchaser incident to the performance of such contract shall remain the property of Company or its Suppliers and  !

is disclosed in confidence, and; Purchaser shall not publish or otherwise disclose it to others without the written approval of Company, and no rights, implied or otherwise, are granted to. produce or have produced any products or to practice or cause to be practiced any manufacturing processes covered.

thereby.

Notwithstanding the above, Purchaser may provide the i NRC or any other regulatory agency with any such proprietary information as the'NRC or such other agency may require; provided, however, that 2  :

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Babcock &Wilcox  !

l AFFIDAVIT OF JAMES'H. TAYLOR (Cont'd.) )

1 Purchaser shall first give Company written notice of I such proposed disclosure and Company shall have the right to amend such proprietary information so as to make it non-proprietary. In the event that Company I

cannot amend such proprietary information, Purchaser I shall, prior to disclosing such information, use its best efforts to obtain a commitment from NRC or such' other agency to have such information withheld from public inspection.

Company shall be given the right to participate in pursuit of such confidential treatment."

(ii) The following criteria are customarily applied by i Babcock & Wilcox in a rational decision process to determine whether the information should be classified as  ;

proprietary. Information may be classified as proprietary if one or more of the following criteria are l met:

a. Information reveals cost or price information, commercial strategies,. production capabilities, or budget levels of Babcock & Wilcox, its customers or suppliers,

b. The information reveals data or material concerning Babcock & Wilcox research or development plans or programs of present or potential competitive advantage to Babcock & Wilcox.

c. The use of the information by a competitor would decrease his expenditures, in time or resources, in designing, producing or marketing a similar product.

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Babcock &Wilcox AFFIDAVIT OF JAMES H. TAYLOR (Cont'd.)

d. The information consists of test data or other similar data concerning a process, method or component, the application of which results in a competitive advantage to Babcock & Wilcox.

e. The information reveals special aspects of a process, method, component or the like, the exclusive use of which results in a competitive advantage to Babcock & Wilcox.

f. The information contains ideas for which patent protection may be sought.

The document (s) listed on Exhibit "A", which is attached hereto and made a part hereof, has been evaluated in l accordance with normal Babcock & Wilcox procedures with respect to classification and has been found to contain information which falls within one or more of the criteria enumerated above. Exhibit "B", which is attached hereto and made a part hereof, specifically identifies the criteria applicable to the document (s) listed in Exhibit "A".

(iii) The document (s) listed in Exhibit "A", which has been made available to the United States Nuclear Regulatory Commission was made available in confidence with a l request that the document (s) and the information contained therein be withheld from public disclosure.

(iv) The information is not available in the open literature and to the best of our knowledge is not known by Combustien Engineering, EXXON, General Electric, 4

. . o Babcock &Wilcox AFFIDAVIT OF JAMEU H. TAYLOR (Cont'd.) 1 Westinghouse or other current or potential domestic or foreign competitors of Babcock & Wilcox.

1 (v) Specific information with regard to whether public l disclosure of the information is likely to cause harm to l the competitive position of Babcock & Wilcox, taking into i account the value of the information to Babcock & Wilcox; the amount of effort or money expended by Babcock &

Wilcox developing the information; and the ease or difficulty with which the information could be properly duplicated by others is given in Exhibit "B".

I E. I have personally reviewed the document (s) listed on Exhibit "A" and have found that it is considered proprietary by Babcock &

Wilcox because it contains information which falls within one or more of the criteria enumerated in Paragraph D, and it is information which is customarily held in confidence and l protected as proprietary information by Babcock & Wilcox. This report comprises information utilized by Babcock & Wilcox in its f

business which afford Babcock & Wilcox an opportunity to obtain i a competitive advantage over those who may'wish to know or use the information contained in the document (s).

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Babcock &Wi!cox AFFIDAVIT OF JAMES H. TAYLOR (Cont'd.)

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JAMES H. TAYbR State of Virginia)

) SS. Lynchburg i City of Lynchburg) l James H. Taylor, being duly sworn, on his oath deposes and says that he is the person who subscribed his name to the foregoing statement, and that the matters and facts set forth in the statement )

are true.

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! , JAMES H. TAYLOR '

l Subscribg and swozn bef, ore me this N day of d-ez/A/ 1987.

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, [CL > W Notary of Lyn lihinandfortheCity urg, State of Virginia

, . hy'Commisston Expires Apr. 15, 1988 My Commission Expires l

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i Babcock & Wilcox Exhibit A B&W LOSS-OF-COOLANT ACCIDENT EVALUATION MODEL FOR RECIRCULATING STEAM GENERATOR PLANTS BAW-10168P Draft 1 July 3987 2

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Babcock & Wilcox Exhibit B i

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1 Description of Material Applicable Criteria !

I B&W Loss-of-Coolant Acci ut a,b,c,d Evaluation Model for Recirculating Steam Geaera Lor Plants BAW-10168P Draft 1 July 1987 1

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