ML20199B060

Approves 860509 Request to Withhold from Public Disclosure (Per 10CFR2.790(b)(5)) Proprietary Info in CEN-B-P, Suppl 1-P, Improvements to Fuel Evaluation Model, Dtd Apr 1986

ML20199B060
Person / Time
Site:	Calvert Cliffs
Issue date:	06/09/1986
From:	Jaffe D Office of Nuclear Reactor Regulation
To:	Tiernan J BALTIMORE GAS & ELECTRIC CO.
References
NUDOCS 8606170005
Download: ML20199B060 (4)

Text

J 2 Docket Nos. 50-317- June 9, 1986 and 50-318

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Mr. J.1 A. Tiernan Vice President -Nuclear Energy Baltimore Gas & Electric Company P. O. Box 1475 Baltimore, Maryland 21203

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE s By your application dated May 9, 1986 as supplemented by letter dated May 27, 1986, and affidavit dated April 25, 1986, you submitted the Combustion Engineering (CE) report CEN-B-P, Supplement 1-P, " Improvements f to Fuel Evaluation Model", dated April 1986. Your application requested 4- that the CE report be withheld from public disclosure pursuant to

'10 CFR 2.790.

You. 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 CE's

- fuel performance analysis Code and supporting experimental data,

.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 documents herein are proprietary. >

, 4. The'information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.790, it is to be received:

in confidence by the Commission.

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5. The information, to the best of my knowledge-and belief, 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. s

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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 hundreds of thousands of dollars. To the best of my knowledge and belief 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 development of fuel performance analysis code and obtaining the necessary experimental data,

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 CE's fuel performance and analysis code and supporting experimental data, 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 s1milar 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 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 reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

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Therefore, thb version of the submitted information marked as proprietary-will,be withneld 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 rigid, 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 makes a determination adverse to the above, you will be notified in advance of any public disclosure.

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Sincerely, David H. Jaffe, Project Manager PWR Project Directorate #8-Division of PWR Licensing-B cc: See next page ,

Distribution:

Docket Files .

NRC & L PDRs

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Branch Files -

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Mr. J. A. Tiernan Baltimore Gas & Electric Company Calvert Cliffs Nuclear Power Plant cc:

Mr. William T. Bowen, President Regional Administrator, Region I Calvert County Board of U.S. Nuclear Regulatory Commission Commissioners Office of Executive Director Prince Frederick, Maryland 20768 for Operations 631 Park Avenue D. A. Brune, Esq. King of Prussia, Pennyslvania 19406 General Counsel Baltimore Gas and Electric Company P. O. Box 1475 Baltimore, Maryland 21203 Jay E. Silberg, Esq.

Shaw, Pittman, Potts and Trowbridge 1800 M Street, NW Washington, DC 20036 Mr. M. E. Bowman, General Supervisor Technical Services Engineering Calvert Cliffs Nuclear Power Plant

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.MD Rts 2 & 4, P. O. Box 1535 Lusby, Maryland 20657-0073 -

Resident Inspector c/o U.S. Nuclear Regulatory Commission P. O. Box 437 Lusby, Maryland 20657-0073 Bechtel' Power Corporation ATTN: Mr. D. E. Stewart Calvert Cliffs Project Engineer 15740 Shady Grove Road Gaithersburg, Maryland 20760 Combustion Engineering, Inc.

ATTN: Mr. R. R. Mills, Manager Engineering Services P. O. Box 500 Windsor, Connecticut 06095 Department of Natural Resources Energy Administration, Power Plant

' Siting Program ATTN: Mr. T. Magette Tawes State Office Building Annapolis, Maryland 21204 L-