ML20247E125
| ML20247E125 | |
| Person / Time | |
|---|---|
| Site: | Mcguire, Catawba, McGuire, 05000000 |
| Issue date: | 03/30/1989 |
| From: | Tucker H DUKE POWER CO. |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19302D768 | List: |
| References | |
| NUDOCS 8903310304 | |
| Download: ML20247E125 (10) | |
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\\4 DUEE POWER GOMPANY P.O. DOX 33189 CHARLOTTE, N.O. 28242 t
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'U. S. Nuclear Regulatory Commission
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Attention -Document Control Desk
. Subj ect:. McGuire Nuclear' Station Docket Numbers 50-369 and -370 Catawba Nuclear Station Docket Numbers:50-413 and -414 Q
Topical Report BAW-10173P, E
" Mark-BW-Reload Safety' Analysis
.for Catawba and McGuire" Enclosed.are 20 copies of topical report BAW-10173P, " Mark-BW' Reload Safety'
-. Analysis for Catawba and ".cGuire."
This report contains'the safety analysis
- calculation results that will be used as part of the licensing-basis for B&W Fuel Company' fuel in the Catawba and McGuire Nuclear Plants.
This. report is considered proprietary in~accordance with 10CFR2.790..An affidavit supportingLthis claim,~.and signed by J.
H.~ Taylor, Manager B&W Licensing Services, is attached.-
We. request that this report be' approved by December 31, 1989.
If'we may be of: assistance, please contact Scott Gewehr of our~tegulatory'-
-Compliance group at (704) 373-7581'.
.Very truly yours, k
kV H.IB. Tucker
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.U.,S. Nuclear Regulatory Commission
.Page Two Harch 28,.1989 1
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Mr. S. D. Ebneter Regional Administrator U. S. Nuclear Regulatory Commission'
. Region II
.101 Marietta Street, NW, Suite 2900 Atlanta, Georgia 30323 Mr. Darl S. Hood, Project Manager Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission.
Washington,'D. C.
20555 Dr. Kahtan Jabbour, Project Manager Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Frank McPhatter 3315 Old Forest Road P.O. Box 10935 1ynchburg, Virginia 24506-0935 Mr. W. T. Orders NRC Resident Inspector Catawba Nuclear Station Mr. P. K. Van Doorn NRC Resident Inspector McGuire Nuclear Station
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l-i Babcock &Wilcox i
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AFFIDAVIT _OF JAMES H.
TAYLOR 1
l A.
My name is James H. Taylor.
I am Manager of Licensing Services in the Nuclear Power Division of the Babcock & Wilcox Company.
The B&W Fuel Company is administratively responsible to the Babcock and Wilcox Nuclear Power Division (NPD) and utilitzes the NPD Licensing Services.
Therefore I am authorized to execute this Affidavit.
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 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 l
Babcock & Wilcox Company.
Copies of the document are clearly identified as proprietary.
In addition, whenever l
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Babcock &%51cox AFFIDAVIT OF JAMES H. TAYLOR (Cont'd.)
Babcock & Wilcox transmits the information to a customer, customer's agent, potential customer or regulatory agency, the transmittal requests the recipient to hold the information as proprietary.
Also, in order to strictly limit any potential or actual customer's use 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 c 1 tracts:
" Purchaser may retain Company's proposal for use in connection with any contract resulting therefrom, and, for that purpose, make such copies thereof as may be necessary.
Any proprietary information 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 l
produced any products or to practice or cause to be l
practiced any manufacturing processes covered thereby.
l 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 2
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&FFIDAVIT OF JAMES-H. TAYLOR (Cont'd.).
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Purchaser shall first give Company written notice of' such proposed-disclosure'and Company'shall have;the rightLto amendLsuch proprietary information'so as-to make:it non-proprietary.
In the event-that: Company cannot amend such proprietary information, Purchaser shall, prior.to disclosing suchfinformation, use:its best efforts to.obtain a commitment from-NRC or such other agency-to haveLsuch information withheld 1from-public inspection.
Company shall be given the right.to participate in pursuit of such confidential' treat' ment."
(ii),
The'following criteria are customarily applied by.
~
Babcock &.Wilcox in a rational decision process to:
determine whether theLinformation should be classified as proprietary.
Information may be classified as proprietary if one or more of the following criteria'are-
. 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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'. AFFIDAVIT OF' JAMES H.
TAYLOR (Cont'd.).
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The information~ consists o'f test-data or other similar data'concerning a process, method org component, the application of which'results in a competitive advantage to Babcock.&'Wilcox.
e.L TheLinformation reveals special aspects 1of a l.
process, method, component or the like, the
'exclus'ive-use of-which results'in:a competitive >
advantage-to Babcock & Wilcox.-
i 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 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 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, 4
Babcock &Wilcox AFFIDAVIT OF JAMES H. TAYLQB-(Cont'd.)
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 into 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" i
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 protected as proprietary information by Babcock & Wilcox.
This report comprises information utilized by Babcock & Wilcox in its business which afford Babcock & 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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AFFIDAVi'T ' OF JAMES H. TAYLOR (Cont'd.)
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as an JAMES [i.TAY R
-State of Virginia)-
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S S '. Lynchburg City of Lynchburg)
James H. Taylor, being duly sworn, on his oath deposes and says.
that he is the-person who subscribed his.nami to the foregoing statement, and that the matters and facts set forth in the statement
_are true..
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[ JAMES H. TAYbR
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Subscribed and swo n beforg me this M day of
}d/tclL 1989.
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% a 0 X6J Notar[] Pub [icinandfortheCity of Ly#chburg, State of Virginia
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l Exhibit A i
Mark-BW Reload Safety Analysis for Catawba and McGuire BAW-10173P March 1989 l
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Exhibit B Description of Material Anolicable criteria-Mark-BW Reload Safety Analysis for a,b,c,d Catawba and McGuire BAW-10173P March 1989 I
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