ML20236C026

Forwards Proprietary BAW-10165P, FRAP-T6-B&W:Computer Code for Transient Analysis of LWR Fuel Rods. Rept Describes Computer Code That B&W Will Be Using for Future Transient Analyses of LWR Fuel Rods.Rept Withheld (Ref 10CFR2.790)

ML20236C026
Person / Time
Site:	Mcguire, Catawba, McGuire, 05000000
Issue date:	10/22/1987
From:	Taylor J BABCOCK & WILCOX CO.
To:	Norberg J Office of Nuclear Reactor Regulation
Shared Package
ML19304B634	List: ML20236C026
References
JHT-87-229, NUDOCS 8710260461
Download: ML20236C026 (9)

Text

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i Babcock & Wilcox - \ 6,4 , Nuclear Power Divlslon a McDermott company \ st Road .

y q\ . f315 Old Fo jg . Lynchburg, VA 24506 0935 H .(804) 385 2000 iJHT/87-229 October 22,1987 E

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l 'R C g j Mr. James A. Norberg, Special Assistant -Cc-co Division of Engineering and Systems Technology c2 Office of Nuclear Reactor Regulation y f i U.S. Nuclear Regulatory. Commission ca. '

Washington,D.C. 20555 n9 j c , ,

Subject:

ECCS Methodology for. Licensing Catawba and McGuire Reloads *' I j

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Reference:

J.H. Taylor to Carl Berlinger, same subject, JHT/86 274, November 14,-

1986.

Dear Mr. Norberg:

The reference given above transmitted the draft version of the FRAP-T6 ' Topical Report. Enclosed are twenty (20) copies of the completed Babcock &' Wilcox l proprietary Topical Report BAW 10165P, "FRAP-T6 B&W." This report describes the computer code that Babcock & Wilcox will be using for future transient analyses of light water reactor fuel rods.

l This report is considered to be proprietary as sworn by me as Manager,-. Babcock & -l Wilcox Licensing, in my affidavit presented with our November. 14,1986 submittal of the topical report and should be treated '.as such. Pursuant -.to 10CFR170.12 an application fee check' for $150.00 was also included in that submittal, yer t ly rs,

/ ' j J.H. Taylor Manager,' Licensing Services cc: w/o attach R.B.Borsum T.L.Baldwin A.C.Thadani, NRC M.W.Hodges, NRC -

i l 8710260461 871022 P

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PDR ADOCK 05000369-l P ppg l y d7 l  !

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. Babcock &Wilcox

. AFFIDAVIT OF JAMES H. TAYLOR 1

i A. 'My name is James H. Taylor. I'am Manager of.LicensingiServi'ces in the Nuclear'PowerLDivision of-the Babcock &'Wilcox(Company,. ,

and as such.I am authorized to execute thisl Affidavit.. :I B. I am familiar with the criteriaLapplied by Babcock & Wilcoxito determine whether certain information of Babcock &.Wilcox is' proprietary and~I.am. familiar with the procedures established; L within Babcock ~& Wilcox,.particularly the' Nuclear Power?

Division,,to ensure the' proper application of these criteria.- ,

L C. In determining whether a Babcock & Wilcox. document'iscto be classified as proprietary information,'an initial determination  :

is made by the Unit Manager, who is; responsible for originating- y 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' 71 designated as proprietary, it is reviewed again.by' Licensing s personnel and other management.within the-Nuclear Power Division ~

l as designated by the Manager of Licensing;. Services to assure that tb; regulatory requirements ~of.10 CFR.Sectionl2.790.are l met.

L D. The following information is;provided to-demonstrate that;the.

provisions of 10 CFR Section'2.790 of the Commissi'n's o regulations have be'en 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 j

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

Babcock & Wilcox transmits the information to a customer, customer's agent, potential' customer or regulatory- q agency, the' transmittal requests the recipient to hold j the information as proprietary. Also, in-order. l 1

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: . l

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" Purchaser may' retain Company's proposal for use-in

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l connection with any contract resulting therefrom',

and, for that purpose, make.such copies thereoft as I may be necessary. Any proprietary information concerning Company's or.its Supplier's products or- ]

manufacturing processes which is so. designated by 'j 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

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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.

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

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i Babcock &Wilcox AFFIDAVIT OF JAMES H. TAYLOR (Cont'd.) j Purchaser shall first give Company written notice of 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 )

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cannot amend such proprietary information, Purchaser ~

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 h public inspection.

1 Company shall be given the right to participate in

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pursuit of such confidential treatment." I l

j (ii) The following criteria are customarily applied by Btbcock & Wilcox in a rational decision process to

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determine whether the information should be classified as I proprietary. Information may be classified as proprietary if one or more of the following criteria are l met:

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

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b. The information reveals data or material concerning Babcock & Wilcox research or development plans or l 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 y AFFIDAVIT OF JAMES H. TAYLOR (' Cont'd.)

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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. q

f. The information contains ideas for which patent 1 protection may be sought.

The document (s) listed on Exhibit "A", which is attached hereto and made a part hereof, has been evaluated.in t accordance with normal Babcock & Wilcox' procedures.with j 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 j l 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 i 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-Combustion Engineering, EXXON, General Electric,.

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l Babcock &Wilcox-R '

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

.l Westinghouse or.other current or potential domestic or ]

foreign-competitors of. Babcock'& Wilcox.

(v) Specific information with regard to whether'public disclosure of-the information is likely to cause harm;to the competitive position of Babcock & Wilcox, taking into1 account the value of the informationLto Babcock 1& Wilcox;- ]

the amount of effort or money expendedLby Babcock &

'l Wilcox developing-the information; and the ease'or 1 difficulty with which the information'could be properly- j1 .

duplicated by others is given in Exhib'it "B".

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 j protected as proprietary.information by Babcock &.Wilcox. 1This I report comprises information utilized by Babco'k c & Wilcox in its business which afforo Wibcock & Wilcox an opportunity to-obtain a competitive advantage over those who may wish to know or use-the information contained in the document (s).

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Babcock &Wilcox W

' AFFIDAVIT OF JAMES H. TAYLOR (Cont!d.) W i

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~ JAMES-H. T LOR 1

State of Virginia)

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) SS. Lynchburg j City of Lynchburg) '

l James H.' Taylor, bein'g duly sworn, on hisl cath. deposes and'says that he is the person who subscribed his.name to the foregoing -.i statement, and that the matters and facts set forth in the statement '

are'true.

j N/ 1

! JAMESH.TAYbR Subscribed and swoM efore me this 21F<{ day of UI o 1987.

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W Notar PhlicinandfortheCity .;

of Ly chburg, State of Virginia 1 My Commission Expires "A P W Apr. 15, W 4

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Babcock & Wilcox l l

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! Exhibit A 1

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FRAP-T6 - B&W BAW-10165P- ,

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October 1987 l 1

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Babcock & Wilcox i

1 Exhibit B Description of Material Apolicable Criteria FRAP-T6 - B&W a,b,c,d BAW-10165P i

October 1987 )

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