ML20245G813
| ML20245G813 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 08/04/1989 |
| From: | Capstick R VERMONT YANKEE NUCLEAR POWER CORP. |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19292J417 | List: |
| References | |
| BVY-89-74, NUDOCS 8908160219 | |
| Download: ML20245G813 (5) | |
Text
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M VERMON,T YANKEE NUCLEAR POWER CORPORATION Ferry Road, Brattleboro, VT 05301-7002
/
ENGINEERING OFFICE i
8 d' August 4, 1989 580 MAIN STREET BVY 89-74 BOLTON, MA 01740 (508)779-6711 United States Nuclear Regulatory Commission
.l Attention: Document Control Desk
)
Washington, DC.20555
References:
(a) License No. DPR-28 (Docket No. 50-271)
(b) Letter, USNRC to VYNPC, NVY 89-93, dated May 2, 1989
(
(c) Letter, USNRC to VYNPC, NVY 89-112, dated May 24, 1989 l
-(d) Letter, VYNPC to USNRC, FVY 87-116, dated December 16, 1987 (e) Letter, VYNPC to USNRC, BVY 89-65, dated July 14, 1989
)
Subject:
Supplemental Response to USNRC Request for Additional Information j
on the FROSSTEY-2 Fuel Performance Code j
1
Dear Sir:
The purpose of this letter is to transmit the enclosed proprietary information regarding the Yan'kee Atomic Electric Company (YAEC) Fuel Performance Code (FROSSTEY-2).
The enclosures provide additional.information in response to question 4c forwarded-by NRC letter dated May 2, 1989 [ Reference (b)] as supplemented by letter dated May 24, 1989 [ Reference (c)].
The enclosed information is considered proprietary and is supplemental to the original proprietary information submitted December 16, 1987~[ Reference (d)]
and July 14,.1989 [ Reference (e)]. In accordance with 10CFR2.790(b)(1), affidavits attesting to the proprietary nature of the enclosures are attached.
We trust that you will find this information satisfactory, however, should you have any questions, please contact us.
Very truly yours, VERMONT YANKEE NU LEAR POWER CORPORATION 4
J R. W. Capstick Licensing Engineer Enclosures cc: USNRC Region 1 Administrator (w/o Enclosurse)
USNRC Resident Inspector - VYNPS (w/o Enclosures)
USNRC Project Manager - VYNPS (w/ Enclosures)
I i j
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UITHHOLD ENCLOSURES g
890004 FROM PUBLIC DISCLOSURE Oggif0 OSOOO g
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AFFIDAVIT PURSUANT TO 10CFR2.790 Yankee Atomic Electric Company)
Nuclear Services Division
)
Commonwealth of Massachusetts )
Worcester County
)
SS:
I, Stephen P. Schultz, depose and say that I am the Vice President of Yankee Atomic Electric Company, duly authorized to make this affidavit, and have reviewed or caused to have reviewed the information which is identified as proprietary. I am submitting this affidavit in conformance with the provisions of 10CFR2.790 of the Commission's regulations for withholding this information.
The information for which proprietary treatment is sought is contained in the enclosures to our letter, Vermont Yankee Nuclear Power Corporation to U. S.
Nuclear Regulatory Commission, dated August 4,1989.
Pursuant to the provisions of Paragraph (b)(4) of Section 2.790 of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure, l
included in the above-referenced document, should be withheld.
1.
Per the attached executed and sealed affidavit dated July 19, 1989, the Electric Power Research Institute states that the material contained in this transmittal is proprietary utilizing the definition of proprietary information and trade secrets.
2.
The material contained in this transmittal is of the type customarily held in confidence and not customarily disclosed to the public.
3.
This information is being transmitted to the Commission in confidence under the provisions of 10CFR2.790 with the understanding that it is to be received in confidence by the Commission.
4.
This information is not available in public sources and is for Commission internal use only and should not be released to persons or organizations outside the Directorate of Regulation and the ACRS without prior approval of Yankee Atomic Electric Company and the Electric Power Research Institute. Should it become necessary to release this information to such persons as part of the review procedure, please contact Yankee Atomic Electric Company, and they will contact the Electric Power Research Institute to make the necessary arrangements required to protect their proprietary interests.
5.
As per the attached affidavit cited in 1. above, disclosure of the subject information sought to be withheld would likely cause substantial harm to the Electric Power Research Institute and to the competitive position of the Electric Power Research Institute utility members.
j 1
Further deponent sayeth not.
Sworn to before me this Stephen P. Schultz
\\
4th day of August, 1989 Vice President Y h ENMfM H. D. Sammarco, Notary Public My Commission Expires November 7, 1991
A FFIDAVIT I,
Odelli Ozer, being duly sworn, depose and state as follows:
1.
I am a Program Manager in the Nuclear Power Division of the Electric Power Research Institute (EPRI), and have been delega ted responsibility for providing technical assistance from EPRI to Yankee Atomic Electric Company (YAEC) in support of its fuel performance code, FROSSTEY-2.
The U.S.
Nuclear Regulatory Commission is now reviewing the FROSSTEY-2 code and has requested certain information from YAEC for that purpose, including proprietary datasets which EPRI had made available to YAEC. These proprietary datasets are:
1.
BNFL HBEP (Rods: AU, BN, BK, BW, AK, AP, DF) 2.
Calvert Cliffs (All rods) 3.
BNFL HBEP (Rods: DE, AL, BH, BP, CO) 4.
Maine Yankee ( All rods) 5.
Peach Bottom (All rods) 6.
Halden IFA 11, 21, 418, 513, 527 7.
Monticello HBEP I have been authorized to apply for the withholding of this proprietary EPRI data from public disclosure pursuant to the provisions of 10 CFR 2.790(a)(4).
2.
The proprietary EPRI data consists of measurements relating to the material properties and performance characteristics of LWR fuels.
This data has been obtained under various EPRI f unded experimental programs and is stored in the computer-ized " Fuel Performance Data Base".
The proprietary EPRI data will be marked PROPRIETARY and CONFIDENTIAL.
3.
In designating material as proprietary, EPRI uses the defini-tion of proprietary information and trade secrets set forth in the American Law Institute's Restatement of Torts, Section 757.
This definition states:
" A trade secret may consist of any formula, pa t te rn, device or compilation of information which is used in one's business and which gives him an opportunity to gain an advantage over competitors who do not know or use it A substantial element of secrecy must exist, so that, except by the use of i
improper means, there would be dif ficulty in acquiring infor-mation... Some factors to be considered in determining whether given informa tion is one's trade secret are: (1) the extent to which the information is known outside of his business; (2) the extent to which it is known to employees and others involved in his business; (3) the extent of mea-sures taken by him to guard the secrecy of the information; (4) the value of the information to him a nd to its competi-1 i
=.
e tors; (5)' the amount of ef fort or money expended by him in developing the information; (6) the ease or dif ficulty with which the information could be properly acquired or dupli-cated by others."
4.
Some examples of categories of information which fit into the definition of proprietary information are:
a.
information consisting of supporting data and analyses including test data, relative to a process, method or a ppa ra t u s, the application of which provide a competitive economic advantage, e.g. by optimization, enhanced per-formance or marketability; b.
information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, ma nu fa c ture, shipment, installa-tion, opera tion, assurance of quality or licensing of a similar product; c.
information which reveals aspects of past, present or future EPRI member-f unded development plans a nd programs of potential commercial value to EPRI members; d.
information which EPRI must treat as proprietary accord-ing to agreements with other parties.
5.
Within EPRI, initial approval of proprieta ry treatment of a document is typically made by the Project Manager, who is most likely to be aware of the value and sensitivity of the information in relation to industry knowledge.
l 6.
The EPRI procedure for the external release of such a docu-ment typically requires review by the Program Manager, the Senior Program Manager, and the Manager of Commercial Devel-opment, for technical content, competitive ef fect and the validity of the proprietary designation.
Disclosures outside EPRI are generally limited to EPRI member utilities, licen-sees, EPRI contractors, utili ty contractors a nd regula tory bodies, in every case with appropriate licensing or confiden-tiality agreements.
7.
The information mentioned in Paragraph 2, above, has been evaluated in accordance with these criteria and procedures and has been found to contain material which is proprietary and which EPRI holds in confidence.
i 8.
To the best of my knowledge and belief, this informa tion has been held in confidence by EPRI, no public disclosure has been made and it is not available in public sources.
All I
disclosures to third parties have been made pursuant to the l
2
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provisions of agreements which require the recipients to protect the confidentiality of this information.
9.
Public. disclosure of the information sought to be withheld is likely to cause substantial harm to EPRI and to the competi-tive position of EPRI's utility members by providing other parties that have invested neither money nor other resources in the development of this informa tion with the benefits of
-the work performed by a nd for EPRI acting on behalf of its member utilities.
Odelli Ozer, being duly sworn, deposes and says:
That he has read the foregoing af fidavit and the matters stated therein are true and correct to the best of his knowledge, infor-mation and belief.
Executed at 3412 Hillview Avenue, Palo Alto, being the premises and place of business of the Electric Power Research Institute:
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Subscribed and sworn before me this day:
j OFFICIAL SEAL
[
r k TAMSEN HELEN GAGNON (
I NOTARY PUBUC - CAUFORNIA 1
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V SANTA CLARA COUNTY t ( l0 i j M/
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My comm. expires IIB 5,1990 f, e
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NOTARY PUBLIC 3
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