ML20039C068

Affidavit Re Justification for Request That Proprietary Suppl Be Withheld Per 10CFR2.790.Contracts W/Ge,Kraftwerk Union Aktiengasellschaft & PA Power & Light Impose Litigation.Proprietary Suppl Withheld (Ref 10CFR2.790)

ML20039C068
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	12/06/1981
From:	James Smith LONG ISLAND LIGHTING CO.
To:
Shared Package
ML19268A644	List: ML20039C050 ML20039C068
References
NUDOCS 8112280372
Download: ML20039C068 (4)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of

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LONG ISLAND LIGHTING COMPANY

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(Shoreham Nuclear Power St ti Docket No. 50-322 Unit 1)

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AFFIDAVIT OF JEFFREY L.

SMITH

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Jeffrey L.

k Smith, being duly sworn

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1.

I am Manager, Special Project, states as follows:

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Nuclear Power Station s of the Shoreham Unit 1, of Long Island Lighti

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2 I have been delegated the f ng Company (LILCO).

Plant Design Assessment for S unction of reviewing the Shoreham Nuclear Power Stati RV and LOCA Loads, Proprietary Supplement (Proprietary Supplement) on, Unit 1, Revision 5, Decembe r, 1981 the Supplement from publi, and requesting that the NRC Staff withhold and confidential commercial infc disclosure because it c ormation.

s trade secrets 3.

The Proprietary Supplement confidential commercial inform ticontains trade secrets and a

Kraftwerk Union Aktiengesellon for the following reaso a.

a technology providing improved schaft (KWU) has developed suppression containment systemsteam quenching capabilities i s.

n pressure required the expenditure of lar KWU's developmental research program ge amounts of time and money In order A

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to recoup this investment; KWU has offered to sell the quencher-

.' ' 'y L information derived from its research program to utility companies x provided that they maintain that information secret and confidentin1.

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Thus, when LILCO purchased the quencher information from KWU f, use - Q$

y in the Shoreham design, one condition of the purchase agreemeitt was

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that LILCO would maintain the secrecy and confidentiality of the quencher information.

The agreement does permit LILCO to disclose

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i the information, on a need-to-know basis, to its employees, its d's x,

x y-consultants, and the NRC in connection with the construction and N. q' licensing of Shoreham.

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KWU also Eold the quencher information to Pennsylvania f e Power & Light Company (PP&L).

PP&L has sponsored a full-scale test program to verify the analyses used to design the quencher.

This C

test program required the expenditure of large amounts of time'and

-q3 money.

In order to recoup this investment, PP&L*has offered to selp 7, {

information derived from its test program to utility companies provid'ed s.

that they maintain that information secret and confidential.

Thus,,

7 whenLILCOpurchasedthetesbinformationfromPP&Lforuseinthe "s

Shoreham design, one condition of the purchase agreement was that LILCO would maintain the secrecy and confidentiality of the information acquired-from PP&L.

The agreement permits'LILCO to disclose'the'infor-mation, on a need-to-know basis, to its employees, its consultants,

and the NRC in connection with the construction and licensing of Shoreham.

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g3 fer The quencher information developed by KWU and PP&L

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and?cEnfi'dential.

KWU,-PP&L and LILCO have maintained that informa-7

,4 tion ' secret and confidential.

When any of them have conveyed that

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s information to a private party, the recipient has agreed to keep it.s'e' ret and confidential.

When PP&L submitted their quencher

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information to the NRC for the Susquehanna Steam Electric Station, v

p it was apcompanied by a request that the NRC withhold the information l3

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V from public disslosure.

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d( qThe information contained in the Proprietary

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Supplement isJased on the quencher information that LILCO obtained

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3 s,q w efrom[kWU and PP&L.

Ther9, ore, as indicated in paragraphs 3.a-b f

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,aQove, LILCO is* obligated to' maintain the information in the Proprie-

• • y It has fulfilled this tury Supplement secret and confidential.

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$ oblig^ation and continues to do'c'o with this request that the NRC g

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t, 7; withhold the Proprietary Supplement from public disclosure.

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LILCO's estimated cost, to obtain the information from x

g ']EWUandPP&Lis$1,200,000.

LILCO has engaged Stone & Webster

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A Engineering Corporation to perform the analysis reflected in the Proprietary Supplement at an estimated cost of approximately $150,000.

It would cost someone else at least the same amounts-to acquire and/or develop the same information.

The information in the Proprietary Supplement-is not publicly available and it.is of a type usually held secret and confidential.

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For the above reasons, the'Propri'etary Supplement contains trade secrets and confidential commercial information and, therefore, should be. withheld from public disclosure.

I Jpffe L.

Smith Subscribad and sworn to before me l

this 16th day of December, 1981.

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NAfiCY J. SCHMIIT

cDRY PUBUC. Ltde et Hen York ca.' 52G6330, piolk Cour.y n.!ra Exp!

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