ML19343B176

Affidavit Supporting Proprietary Treatment for CEN-139(A)-P, Statistical Combination of Uncertainties..

ML19343B176
Person / Time
Site:	Arkansas Nuclear
Issue date:	11/13/1980
From:	Scherer A ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY
To:
Shared Package
ML19262F332	List: ML19343B175 ML19343B176 ML19343B178
References
GA-CE-085, GA-CE-85, NUDOCS 8012150098
Download: ML19343B176 (5)

Text

O Attachment 1 GA-CE-085

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AFFIDAVIT PURSUANT TO 10 CFR 2.790 Combustion Engineering, Inc. )

State of Connecticut )

County of Hartford ) SS.:

I, A. E. Scherer depose and say that I am the Director, Nuclear Licensing of Combustion Engineering, Inc., duly authorized to make this affidavit, and have reviewed or caused to have reviewed the information which is identified as proprietary and referenced in the paragraph immediately below. I am submitting this affidavit in confonnance with the provisions of 10 CFR 2.790 of the Commission's regulations and in conjunction with the application of Arkansas Power and Light Company, for withholding this information.

The information for which proprietary treatment is sought is contained in the following document:

CEN-139(A)-P, Statistical Combination of Uncertainties; Combination of System Parameter Uncertainties in Thermal Margin Analysis for Arkansas

( Nuclear One Unit 2, November 1980.

l l This document has been appropriately designated as proprietary.

l I have personal knowledge of the criteria and procedures utilized by Combustion Engineering in designating information as a trade secret, privileged or as confidential commercial or financial information.

Pursuant- to the provisions of paragraph (b) (4) of Section 2.790 of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure, included in the above referenced document, .

I should be withheld.

1. Tne information sought to be withneld from public discicsure is I the method for combining uncertainties in the reference thermal margin j analysis, 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.

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3. The information is of a type customarily held in confidence by i

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, l' utilizes a system to determiae when and whether to hold certain types of 1 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 i

under the provisions of 10 CFR 2.790 with the understanding that it is to be received in confidence by the Commission.

5. The information, to the best of my knowledge and belief, is not l 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.

ti . 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 najor. pressurized

water reactors competitors of Combustion Engineering.

b. Development of this information by C-E required thousands of man-hours 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 methods development, data reduction and uncertainty evalue+-ins.

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.

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e. -The information consists of the methodology and data for the statistical combination of uncertainties, the application of which provides i

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 cther 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 i

processes, methods or apparatus,

f. In pricing Combustion Engineering's products and services, significant research, development, engineering, analytical, manufacturing, licensing, quality assuranc? and other costs and expenses must be included.

The ability of' Combustion Engineering's competitors to utilize such information l

without similar expenditure of resources may enable them to sell at prices

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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.

Further the deponent sayeth not.

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~ 4 A. E. Scfhfer Director Nuclear Licensing S en rr. to before me this f f>I' day of /bCMdG IIN j

_J LL.Mpv TA Y Ll1 Notary Public /

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