ML20206A626

Advises That Proprietary Rev 1-P to CEN-347 (O)-P, Omaha Batch M Reload Fuel Design Rept, Will Be Withheld (Ref 10CFR2.790),per 870126 Request & C-E 870126 affidavit.C-E Reasons for Withholding Document from Public Listed

ML20206A626
Person / Time
Site:	Fort Calhoun
Issue date:	03/30/1987
From:	Paulson W Office of Nuclear Reactor Regulation
To:	Andrews R OMAHA PUBLIC POWER DISTRICT
References
TAC-63967, NUDOCS 8704080113
Download: ML20206A626 (4)

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MAR 3 01987 Docket No. 50-285 Mr. R. L. Andrews Division Manager - Nuclear Production Omaha Public Power District-1623 Harney Street Omaha, Nebraska 68102

Dear Mr. Andrews:

SL'BJECT: REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By your letter dated January 26, 1987 and Combustion Engineering's affidavit dated January 26, 1987, you submitted a document entitled "0maha Batch M Reload Fuel Design Report," CEN 347 (0)-P, Revision 1-P, January 1987, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.

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

1. The information sought to be withheld from public disclosure concerns the analysis of the Fort Calhoun Batch M fuel assemblies, 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 infomation 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 Comission 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 Commission in confidence i 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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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 tens of thousands of dollars. To the best of my knowledge and belief a competitor would have to undergo similar expense in generating equivalent infomation.

c. In order to acquire such information, a competitor would also require considerable time and inconvenience related to the design and analysis of comparable fuel assemblies.

d. The information required significant effort and expense to obtain the licensing approvals necessary for application of the infomation. 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 fuel rod design and associated analysis, the application of which provides a competitive economic advantage. The availability of such information to competitors would enable them to mcdify 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,

g. Use of the infonnation by competitors in the international marketplace would increase their ability to market nucleer steam sup)1y systems by reducing the costs associated with their tec1nology development. In addition, disclosure would have an adverse economic impact on Combustion Engineering's potential for obtaining or maintaining foreign licensees.

n 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 comercial information.

Therefore, we have determined that report CEN-347 (0)-P, Revision 1-P, entitled " Omaha Batch M Reload Fuel Design Report," January 1987, marked as proprietary), will be withheld from public disclosure pursuant to10 CFR 2.790(b (5) a amended.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the document. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, insure 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 inforration. 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 disclosurc.

Sincerely, WaltTr#ANa o , Project Manager PWR Project Directorate #8 Division of PWR Licensing-B cc: See next page DISIR1 Bili 10N_

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Mr. R. L. Andrews Fort Calhoun Station Omaha Public Power District Unit No. 1 cc:

Harry H. Voigt, Esq.

LeBoeuf, Lamb, Leiby & MacRae 1333 New Hampshire Avenue, NW Washington, D.C. 20036 Mr. Jack Jensen, Chairman Washington County Board of Supervisors Blair, Nebraska 68008 Mr. Phillip Harre}1, Resident Inspector U.S. Nuclear Regulatory Commission P. O. Box 309 Fort Calhoun, Nebraska 68023 Mr. Charles B. Brinkman, Manager Washington Nuclear Operations C-E Power Systems 7910 Woodmont Avenue Bethesda, Maryland 20814 .

Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Office of Executive Director for Operations 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 Harold Borchert, Director Division of Radiological Health Department of Health 301 Centennial Mall, South P.O. Box 95007 Lincoln, Nebraska 68509 6