ML20125E563

Requests That Proprietary Version of EPRI NP-6864-L,Rev 1, PWR SG Tube Repair Limits:Technical Support Document for Expansion Zone PWSCC in Roll Transitions Be Withheld (Ref 10CFR2.790(a)(4))

ML20125E563
Person / Time
Site:	Haddam Neck File:Connecticut Yankee Atomic Power Co icon.png
Issue date:	11/19/1992
From:	Kenny A ELECTRIC POWER RESEARCH INSTITUTE
To:	Murphy E NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19303F122	List: B14311, Forwards Nonproprietary & Proprietary Versions of EPRI NP-6864-L,Rev 1, PWR SG Tube Repair Limits:Technical Support Document for Expansion Zone PWSCC in Roll Transitions. Proprietary Version Withheld ML20125E563 ML20125E566
References
NUDOCS 9212170123
Download: ML20125E563 (5)

Text

a EPRI Electnc Power Researcn instm,ne eauets!'70 in Sc Once ano Technology November 19, 1992 Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Mr. Emmett L. Murphy Senior Materials Engineer Mail Stop 7D4 Washington, D.C. 20555

Subject:

Request for Withholding of Proprietary Document; 10CFR2.790(a)(4)

Dear Mr. Murphy:

This is a request under 10CFF2,.790(a)(4) that the NRC withhold from public disclosure the enclosed information consisting of an EPRI owned report numbered NP-6864-L Rev. I and entitled "PWR Steam Generator Tube Repair Limits: Technical Support Document for Expansion zone PWSCC in Roll Transisitions (Revision 1)", dated December 1991. The report is referred to below as the "Information." The Information is marked PROFRIETARY and CONFIDENTIAL. This report, NP-6864-L Rev.1, supercedes the earlier version, NP-6864-Lwhich was transmitted to you by James Maccoun in a letter dated February 12,1991.

EPRI desires to disclose the Information to the NRC for informational purpases to assist the NRC in reviewing utility site specific submittal plans related to alternate plugging criteria. EPRI members and other licensees of the Information are likely to submit such submittals to the NRC and such site submittals may refer to the Information. Moreover, EPRI would welcome any discussions between EPRI ano the NRC related to the Information that tne NRC desires to conduct.

9212170123 921207 PDR ADOCK 05000213 P PDR

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Enclosed is an affidavit to support EPRI's request for withholding. If you have any questions relating to the propriety of this request or the enclosed affidavit, please do not hesitiate to contact me at (415) 855-2845. The fax machine closest to me is at (415) 855-1080. Questions on the technical aspects of the Information may be addressed to David A. Steininger at (415) 855-2019.

Yours truly, I

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Ah ur Kenny, Esq. f /

Licensing Administrator /

Office of Business Development Enclosures-cc C. Lamar Williams, EPRI~'

David A. Steininger, EPRI Alan B. Wang, NRC (3 copies of enclosure) -

J. Facklemann, Northeast Utilities J. Kliesiewicz, Northeast Utilities

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4 AFFIDAVIT I, ARTHUR KENNY, being duly sworn, depose and state as follows:

I am a Licensing Administrator of the Electric Power Research Institute

("EPRI") and I have been specifically delegated responsibility for reviewing the records, documents and information sought under this affidavit to be withheld (the "Information") and authorized to apply for their withholding on behalf of EPRI.

This affidavit is submitted to the Nuclear Regulatory Commission ("NRC")

pursuant to 10 CFR 2.790 (a)(4) based on the fact that the Information consists of trade secrets of EPRI and that the NRC will receive the Information from EPRI under privilege and in confidence.

The Information, which EPRI requests the NRC to withhold, consists of an _

EPRI owned report entitled "PWR Steam Generator Tube Repair Limits: Technical Support Document for Expansion Zone PWSCC in Roll Transitions (Revision 1),"

dated December 1991. The Information has been designated EPRI report mtmber NP-6864-L Rev.1. The Information has been marked by EPRI as PROPRIETARY AND CONFIDENTIAL.

EPRI desires to disclose the Information to the NRC for informational purposes to assist the NRC in reviewing utility site specific submittal plans related to alternate plugging criteria. EPRI members and other licensees of the Information-are likely to submit such submittals to the NRC and such site submittals may refer to the Information. Moreover, EPRI would welcome any discussions between EPRI and the NRC related to the Information that the NRC dcsires to conduct.

The basis for which the Report should be withheld from the public is set forth below:

(i) The Information has been held in confidence by EPRI. EPRI intends to provide copies of the Information to EPRI members and to one or more EPRI contractors. EPRI members and contractors are bound by confidentiality agreements to preserve the confidentiality of proprietary and confidential documents received from EPRI. Receipt of the Information by such members l

and contractors will not impair the proprietary and confidential nature of the g

Information nor will will such receipt impair the ' value of the Information as trade secrets. In addition, EPRI intends to license the Information to organizations that are not EPRI members. EPRI has set license fee for the L

B 9 Page 2-

- Information at $120,000 and EPRI has licensed the report to one organization to date.

(ii) The Information is of a type customarily held in confidence by EPRI and there is a rational basis therefor. The Information is of a type that EPRI considers to be trade secrets. Such Information is customarily held in confidence by EPRI because to disclose it would prevent EPRI from licensing the Information at fees which would allow EPRI to recover its investment. If consultants and other businesses providing services in the nuclear power industry were able to obtain the Information, they would be able to use it commercially for profit and avoid spending the large amount of money that EPRI was required to spend to obtain the Information. The rational basis that EPRI has for classifying information as a trade secrets is the Uniform Trade Secrets Act which California adopted in 1984 and which has been adopted by over twenty states. The Uniform Trade Secrets Act defines a

" trade secret" as follows:

" Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

(1) Derives independent economic value, actual or potential, from not being '

generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (2)Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. ,

(iii) The Information will be transmitted and received by the NRC in confidence. The purpose of the closed meeting is to maintain the confidentiality of the Information, i

l (iv) The Information is not available in public sources, EPRI developed the Information only after making a determination that the Information was not available from public sources. EPRI was required to spend a large amount of l money through payments to contractors. In addition, EPRI was required to _use a large amount of_ tim _e of EPRI employees. Finally, the Information was developed l- only after a long period of effort.

(v) A public disclosure of the Information would be highly likely' to cause substantial harm to EPRI's competitive position. The Information-is highly valuable property as is evidenced by EPRI's ability to license it for 5120,000 shortly after its _ completion. The Information can be properly -

, acquired or duplicated by others only with an equivalent investment of time-and effort.

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Page 3 I have read the foregoing and the matters stated therein are true and correct to the best of my knowledge, information and belief.

I make this affidavit under penalty of perjury under the laws of the United States of America and under the laws of the State of California.

Executed at 3412 Hillview Avenue, Palo Alto, being the premises and place of business of the Electric Power Research Institute:

n November 9,

/ /)992

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/ J

'%thur Kenny, Esq/

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Subscribed and sworr e ore me this day: jQfg g pq p NOTARY PUBLIC j

t TAMSEN HELEN GAGNON t-g i:ourt Puer SANTA CLARA COUNTY My comm, e:Dires FEB 5. 1994

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