ML20236T078
| ML20236T078 | |
| Person / Time | |
|---|---|
| Issue date: | 07/20/1998 |
| From: | Stewart Magruder NRC (Affiliation Not Assigned) |
| To: | Pilmer D C-E OPERATING PLANTS OWNERS GROUP |
| References | |
| PROJECT-692 NUDOCS 9807270419 | |
| Download: ML20236T078 (4) | |
Text
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. asse64001 July 20, 1998 Mr. David F. Pilmer, Chairman Combustion Engineering Owners Group San Onofre Nuclear Generating Station 14300 Mesa Road San Clemente, CA 92672
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR COMBUSTION ENGINEERING OWNERS GROUP (CEOG)
Dear Mr. Pilmer:
By letter dated May 7,1998, the Nuclear Energy Institute (NE!) forwarded a copy of CE NPSD-1104-P, " Evaluation of Degraded Secondary Internals Bounding Analysis." In the letter, NEl stated that certain designated information in the report was considered proprietary information by CE and requested that this information be withheld from public disclosure pursuant to 10 CFR 2.790.
. NEl enclosed an affidavit, executed by Mr. Ian Rickard, Director, Nuclear Licensing for ABB-Combustion Engineering dated April 17,1998. The affidavit states that the report contains designated information owned and held in confidence by Combustion Engineering which should be considered exempt from mandatory public disclosure for t% iollowing reasons:
A similar product is manufactured and sold by major pressurized water reactor a.
. competitors of Combustion Engineering.
b.
Development of this information by Combustion Engineering required hundreds of thousands 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 hydraulic and structural design, and dynamic response of ABB-CE steam generators.
d.
The information consists of the hydraulic and structural design, and dynamic response of ABB-CE steam generators, the application of which provides a competitive economic advantage. The availability of such information to competitors would enable them to rnodify 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.
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i D. Pilmer July 20, 1998 l
In pricing Combustion Engineering's products and services, significant research, e.
development, engineering, analytical, manufacturing, licensing, quality assurance and l
other costs and expenses must be included. The ability of Combustion Engineering's l
competitors to utilize such information without similar expenditure of resources may
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i enable them to sell at prices reflecting significantly lower costs.
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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 i
economic impact on Combustion Engineering's potential for obtaining or maintaining foreign licensees.
We have reviewed 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 informailon sought to be withheld does contain trade secrets or proprietary commercial information.
Therefore, we have determined that the report, which is marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section '03(b) of the Atomic Energy Act of 15 >4, 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 infom;ation.
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, i
you will be notified in advance of any public disclosure.
Sincerely, M UC. %
(
Stewart L. Magruder, P oject Manager l
Generic issues and Environmental Projects Branch l
Division of Reactor Program Management j
Office of Nuclear Reactor Regulation Project No. 692 cc: See next page i
s
F-0 CE OWNERS GROUP Project No. 692 i
~cc:-
Mr. Gordon C. Bischoff l_
CEOG Project Manager ABB Combustion Engineering M.S. 9615-1932 2000 Day Hill Road Windsor, CT 06095 Mr. David Pilmer, Chairman CE Owners Group t
San Onofre Nuclear Generating Station 14300 Mesa Road San Clemente, CA 92672 Mr. Ian C. Rickard, Director l
Nuclear Licensing ABB-Combustion Engineering, Inc.
Post Office Box 500 2000 Day Hill Road Windsor, CT 06095 Mr. Charles B. Brinkman, Manager Washington Operations l
ABB-Combustion Engincedng, Inc.
l 12300 Twinbrook Parkway, Suite 330 Rockville, MD 20852 l
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D. - Pilm:r 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 i
enable them to sell at prices reflecting significantly lower costs.
f.'
Use of the information by competitors in the internatio'nal 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 3
l economic impact on Combustion Engineering's potential for' obtaining or maintaining foreign licensees..
We have reviewed the materialin accordance with the requirements of 10 CFR 2.790 and, on L
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, 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 l
directly concemed to inspect the documents. If the need arises, we may send copies of this l
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.
I 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 j
l l
promptly notify the Nuclear Regulatory Commission (NRC). You should also understand that i
L NRC may have cause to review this determination in the future if, for exampie, 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.
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. Sincerely, Original Signed By:
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Stewart L. Magruder, 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 DISTRIBUTION:
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