ML20137N562

Grants 850903 & 1226 Requests to Withhold Parts 1 & 3 of Suppl 1 to CEN-257(O)-P, Statistical Combination of Uncertainties, from Public Disclosure Per 10CFR2.790 Based on Listed Reasons

ML20137N562
Person / Time
Site:	Fort Calhoun
Issue date:	01/24/1986
From:	Tourigny E Office of Nuclear Reactor Regulation
To:	Andrews R OMAHA PUBLIC POWER DISTRICT
References
NUDOCS 8602030328
Download: ML20137N562 (4)

Text

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January 24, 1986

/h Docket.No. 50-285 DISTRIBUTION: bol G Docket File NRC & L PDRs Branch Files JPartlow ACRS 10 Mr. R. L. Andrews DCrutchfield Division Manager, Nuclear Production ETourigny Omaha Public Power District AThadani 1623 Harney Street PMKreutzer  !

Omaha, Nebraska, 68102 EShomaker l BGrimes

Dear Mr. Andrews:

EJordan

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By your letters dated September 3,1985 and December 26, 1985, as supplemented by your application for withholding dated December 26, 1985 and Combustion Engineering's affidavits dated August 5,1985 and December 5,1985, you submitted document CEN-257(0)-P, Supplement 1 entitled " Statistical Combination of Uncertainties", Part 1, Part, 2, and Part 3. You requested that Part 1 and Part 3 be withheld from public disclosure pursuant to 10 CFR 2.790.

Combustion Engineering, Inc., stated that the Part I and Part 3 information should be considered exempt from mandatory public disclosure for the following-reasons:

1. The information sought to be withheld from public disclosure are uncertainties associated with (1) inclusion of axial shape index monitoring in'the TM/LP trip and (2) introducing incore instruments procedure into the DNB LC0 monitoring and alarm systems for Fort Calhoun Station, Unit One, which is owned and has been held in  ;

confidence by Combustion Engineering. l

2. The information consists of test data or other similar data l concerning a process, method 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 infonnation 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 document herein are proprietary.

8602030328 860124 PDR ADOCK 05000285

. P PDR

4. The information is being transmitted to the Commission in confidence 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 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 infonnation 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 hundreds 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 information.

c. In order to acquire such information, a competitor would also require considerable time and inconvenience in the development of the uncertainties associated with (1) the inclusion of uncertainties in axial shape index monitoring and (2) introducing incore instruments procedure into the DNB LC0 monitoring and alarm systems.

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.

l

e. The information consists of uncertainties associated with l (1) inclusion of axial shape index monitoring in the TM/LP trip

! and (2) introducing incore instruments procedure into the DNB LC0 monitoring and alarm systems for Fort Calhoun Station, Unit l

One, the application of which provides a competitive economic

' advantage. The availability of such infonnation to conpetitors would enable them to modify their product to better compete with Cotbustion Engineering, take marketing or other actions to improve their product's position er imsair the position of Combustion Engineering's product, and avoid ceveloping i

similar data and analyses in support of their processes, method!.

or armratus,

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 infonnation 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 submittal and the material based on the requirements and criteria of 10 CFR 2.790 and on the District's and Combustion Engineering, Inc. statements, and have determined that the submitted information sought to be withheld contains trade secrets or proprietary comercial information.

Therefore, we have determined that Combustion Engineering Report CEN-257(0)-P, Supplement 1, entitled " Statistical Combination of Uncertainties," Part I and Part 3, marked as proprietary, will be withheld 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 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 i future, such as if the scope of a Freedom of Information Act reauest includes l

your information. 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 disclosure.

Sincerely, E. G. Tourigny, Project Manager PWR Project Directorate #8 Division of PWR Licensing-B cc: See next page PBD#8 PBD#8 p ft' OEllD" PBD#8 P)thdfer ETourigny:dd dShomaker AThadani 1/75/86 1//5786 1/g1/86 1/pV86 l

l

Mr. R. L. Andrews Fort Calhoun Station Omaha Public Power District Unit No. I tc:

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 68023 Metropolitan Planning Agency i ATTN: Dagnia Prieditis 7000 West Center Road

. Omaha, Nebraska 68107 Mr. Phillip Harrell, Resident Inspector U.S. Nuclear Regulatory Commission P. O. Box 309 Fort Calhoun, Nebraska 68023 Mr. Charles B. Brinkman, Manager Washington Nuclear Operatins 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 i

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