ML20247G284

Approves 890207 Request to Withhold CEN-382(B)-P, Verification of Acceptability of 1-PIN Burnup Limit of 60 Mwd/Kg for Calvert Cliffs,Units 1 & 2 from Public Disclosure (Ref 10CFR2.790)

ML20247G284
Person / Time
Site:	Calvert Cliffs
Issue date:	09/13/1989
From:	Mcneil S Office of Nuclear Reactor Regulation
To:	Creel G BALTIMORE GAS & ELECTRIC CO.
References
NUDOCS 8909190024
Download: ML20247G284 (5)

Text

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/#N%, - UNITED STATES U, %_ )_j NUCLEAR REGULATORY COMMISSION -

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_/ September 13, 1989 Docket Nos. 50-317 and 50-318 Mr. G. C. Creel Vice President-Nuclear Energy Baltimore Gas & Electric Company Calvert Cliffs Nuclear Power Plant MD Rtes, 2 & 4 P. O. Box 1535 Lusby, Maryland 20657

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By your letter dated February 7,1989 and Combustion Engineering's affidavit dated January 30, 1989, you submitted the Combustion Engineering (CE) report CEN-382(B)-P, " Verification of the Acceptability of a 1-PIN Burnup Limit of 60 MWD /KG for Calvert Cliffs, Units 1 and 2," dated January.1989. You requested that this CE report be withheld from public disclosure pursuant to

-10 CFR 2.790.

Combustion Engineering, Inc., stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

1. The information sought to be withheld from public disclosure is the fuel performance as a function of burnup and details of the fuel design for Calvert Cliffs, Units 1 and 2 that demonstrates the acceptability of the modeling to improve Nuclear Steam Supply System Performance, which is owned and has been held in confidence by Combustion Engineering.

2. The information consists of test data or other similar data concerning a process, method or component, the application of which results in a substantial competitive advantage to combustion Engineering.

3. The information is of a type customarily held in confidence by Combustion Engineering and not customarily disclosed to the public.

Combustion Engineering has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The details of the aforementioned system were provided to the Nuclear Regulatory Commission via letter DP-537 from F. M. Stern to Frank Schroeder dated December 2, 1974. This system was applied in determining that the subject document herein is proprietary.

4. The information is being transmitted to the Comission in confidence under the provisions of 10 CFR 2.790 with the understanding that it is to be received in confidence by the Commission.

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Mr. G. C. Creel 5. The information ... is not available in public sources, and any disclosure to third parties has been made pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.

6. Public disclosure of the information is likely to cause substantial harm to the competitive position of Combustion Engineering because:

a. A similar product is manufactured and sold by major pressurized water reactor competitors of Combustion Engineering.

b. Development of this information by C-E required thousands of manhours of effort and millions of dollars. [and] ... a competitor would have to undergo similar expense in generating equivalent information.

c. In order to acquire such information, a competitor would also require considerable time and inconvenience related to the fuel performance as a function of burnup and details of the fuel design for Calvert Cliffs, Units 1 and 2 that demonstrate the acceptability of the modeling to improve Nuclear Steam Supply System performance,

d. The information required significant effort and expense to obtain the licensing approvals necessary for application of the information. Avoidance of this expense would decrease a competitor's cost in applying the information and marketing the product to which the information is applicable.

e. The information consists of the fuel performance as a function of burnup and details of the fuel design for Calvert Cliffs, Units I and 2 that demonstrate the acceptability of the modeling to improve Nuclear Steam Supply System performance, the application of which provides a competitive economic advantage. The availability of such information to competitors would enable them to modify 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,

f. 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 enable them to sell at prices reflecting significantly lower costs.

=

, Mr' G. C. Creel

. g. Use of the information by competitors in the international 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 economic impact on Combustion Engineering's potential for obtaining or maintaining foreign licensees.

We have review 2d your submittal and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of Combustion Engineering's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

Therefore, we have determined that CEN-382(B)-P, " Verification of the Acceptability of a 1-Pin Burnup Limit of 60 MWD /KG for Calvert Cliffs, Units 1 and 2," 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 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 hhndling proprietary information.

If the basis for withholding this information from public insoection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You should also understand that the NRC may have cause to review this determination in the future, such as if the scope of a Freedom of Information Act request includes 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.

Sincerely, Scott Alexander McNeil, Project Manager Project Directorate I-1 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation cc: See next page

I a.

f- g ~O Mr. G. C. Creel Baltimore Gas & Electric Company Calvert Cliffs Nuclear Power Plant cc: i Mr. William T. Bowen, President Mr. Joseph H. Walter Calvert County Board of Engineering Division Commissioners Public Service Comission of Maryland i Prince Frederick, Maryland 20678 American Building 231 E. Baltimore Street Baltimore, Maryland 21202-3486 I D. A. Brune, Esq.

General Counsel Baltimore Gas and Electric Company Ms. Kirsten A. Burger, Esq.

P. O. Box 1475 Maryland People's Counsel Baltimore, Maryland 21203 American Building, 9th Floor 231 E. Baltimore Street Mr. Jay E. Silberg, Esq. Baltimore, Maryland 21202 Shaw, Pittman, Potts and Trowbridge 2300 N Street, NW Washington, DC 20037 Mr. W. J. Lippold, General Supervisor Technical Services Engineering l Calvert Cliffs Nuclear Power Plant  !

MD Rts 2 & 4, P. O. Box 1535 Lusby, Maryland 20657 Resident Inspector <

c/o U.S. Nuclear Regulatory Comission  !

- P. O. Box 437 l' Lusby, Maryland 20657 Mr. Thomas Magette l Administrator - Nuclear Evaluations i Department of Natural Resources 580 Taylor Avenue  ;

Tawes State Office Building i PPER B3 i Annapolis, Maryland 21401 Regional Administrator, Region I  !

U.S. Nuclear Regulatory Comission  !

475 Allendale Road l King of Prussia, Pennsylvania 19406

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September 13, 1989 l <

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fir. G. C. Creel g. Use of the information by competitors in the international i 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 economic impact on Combustion Engineering's potential for obtaining or maintaining foreign licensees.

We have reviewed your submittal and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of Combustion Engineering's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

Therefore, we have determined that CEN-382(B)-P, " Verification of the Acceptability of a 1-Pin Burnup Limit of 60 MWD /KG for Calvert Cliffs, Units I ro and to 102,"

CFRmarked as p(5)prietary, 2.790(b) and Section will 103(b) be withheld from public of the Atomic Energydisclosure Act of 1954, pursuant 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 information.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You should also understand that the NRC may have cause to review this determination in the future, such as if the scope of a Freedom of Information Act request includes 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.

Sincerely, Scott Alexander McNeil, Project Manager Project Directorate I-1 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation cc: See next page DISTRIBUTION Docket File BBoger OGC SMcNeil NRC & Local PDRs CVogan DHagan PDI-1 Reading RCapra ACRS (10)

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