ML20235F733

Advises That Based on Listed Reasons,Proprietary Versions of L-CE-R-042, Responses to Request for Addl Info on Waterford-3 Cycle 2 Reload Will Be Withheld (Ref 10CFR2.790),per Util 861013 Request & C-E 861006 Affidavit

ML20235F733
Person / Time
Site:	Waterford
Issue date:	06/29/1987
From:	Joshua Wilson Office of Nuclear Reactor Regulation
To:	Dewease J LOUISIANA POWER & LIGHT CO.
References
NUDOCS 8707130524
Download: ML20235F733 (5)

Text

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1. UNITED STATES

!" o,i NUCLEAR REGULATORY COMMISSION.

l;i WASHINGTON, D. C. 20555 j

June . 29,1987

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Docket No. 50-382 Mr. J. G. Dewcase Senior Vice President - Nuclear Operations Louisiana Power and Light Company 317 Baronne Street, Mail Unit 17 New Orleans, Louisiana 70160

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By your letter dated October 13, 1986 and Combustion Engineering's affidavit dated October 6, 1987, you submitted a document entitled " Responses to Request for Additional Information on Waterford-3 Cycle 2 Reload," L-CE-R-042, September 1986, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. A non proprietary version of the document was also enclosed.

Combustion Engineering, Inc.(CE), stated that the .information should be consi-dered exempt from mandatory public disclosure for the following reasons:

1. The information sought to be withheld from public disclosure is the thermal hydraulic performance data for CE fuel, which is owned and has been held in confidence by CE.

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 CE.

3. The information is of a type customarily held in confidence by CE and not customarily disclosed to the public. CE 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 document is proprietary.  :

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 CE's knowledge and belief, is not avail-able 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.

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6. Public disclosure of the information is likely to cause substantial ,

harm to the competitive position of Combustion Engineering because: J

a. A similar product is manuf actured and sold by major pressurized water reactor competitors of CE.

b. Development of this information by CE required hundreds of j manhours and tens of thousands of dollars. To the best of CE's i knowledge and belief a competitor would have to undergo similar l' expense in generating equivalent information.

c. In order to acquire such information, a competitor would also  !

require considerable time and inconvenience developing the j thermal hydraulic performance data for CE fuel. ]

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 com-petitor's cost in applying the information and marketing the product to which the information is applicable.

e. The information consists of thermal hydraulic performance data of CE fuel, 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 CE take marketing or other actions to improve their product's position or impair the position of CE product, and avoid developing similar data and analyses in support of their processes, methods or apparatus.

f. In pricing CE's products and services, significant research, deve-lopment, engineering, analytical, manufacturing, licensing, quali-ty assurance and other costs and expenses must be included. The ability of CE's Engineering's competitors to utilize such informa-tion 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 CE'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 basis of Combustion Engineering's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

r Therefore, the versions of the submitted information 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 per-sons 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 i adverse to the above, you will be notified in advance of any public disclosure.

Sincerely,

!d James H. Wilson, Project Manager Project Directorate - IV Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation cc: See next page I I

I DISTRIBUTION

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Therefore, the versions of the submitted information 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 pub'ic l inspection shall not affect the right, if any, of per-sons properly and directly concerned to inspect the documents. If the need arise, we may send copies of this information to our consultants working in )

this area. We will, of course, ensure that the consultants ave h signed the j appropriate agreements for handling proprietary information. I If the basis for withholding this information from pub 1)/c inspection shou\

change in the future such that the information could en be made available for public inspection, you should promptly notify th NRC. You should also understand that the NRC may have cause to review th's determination in the future, such as, of the scope of a Freedom of I:tfo mation Act request includes your information. In all review situations, if e NRC makes a determination

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adverse to the above, you will be notified in a ance of any public disclosure.  !

l Sincerely, James H. Wilson, Project Manager Projdct Directorate - IV 1 Di ision of Reactor Projects - III, IV, and Special Projects fice of Nuclear Reactor Regulation cc: See next page DISTRIBUTION Docket File NRC PDR Local PDR PD4 Reading JCalvo I JWilson PNoonan EJordan JPartlow Waterford Plant File  !

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Mr.'Jerrold G. Dewease Waterford 3 l Louisiana Power & Light Company cc:

W. Malcolm Stevenson, Esq. Regional Administrator, Region IV q Monroe & Leman U.S. Nuclear Regulatory Commission l 1432 Whitney Building Office of Executive Director for i New Orleans, Louisiana 70103 Operations 611 Ryan Plaza Drive, Suite 1000 Mr. E. Blake Arlington,. Texas 76011 Shaw, Pittman, Potts & Trowbridge q 2300 N Street, NW Carole H. Burnstein, Esq. i Washington, D.C. 20037 445 Walnut Street New Orleans, Louisiana 70118 Mr. Gary L. Groesch Post Office Box 791169 Mr. Charles B. Brinkman, Manager j New Orleans, Louisiana 70179-1169 Washington Nuclear Operations Combustion Engineering, Inc.

Mr. F. J. Drummond 7910 Woodmont Avenue, Suite 1310 Project Manager - Nuclear Bethesda, Maryland 10814 j Louisiana Power & Light Company  !

317 Baronne Street Mr. William H. Spell, Administrator  !

New Orleans, Louisiana 70160 Nuclear Energy Division Office of Environmental Affairs i Mr. K. W. Cook Post Office Box 14690 Nuclear Support and Licensing Manager Baton Rouge, Louisiana 70898 j Louisiana Power & Light Company 317 Baronne Street President, Policy Jury New Orleans, Louisiana 70160 St. Charles Parris Mahnville, Louisiana 70057 Resident Inspector /Waterford NPS Post Office Box 822 Dr. D. R. Earles Killona, Louisiana 70066 Project Manager, Nuclear Fuel Combustion Engineering Mr. Ralph T. Lally 1000 Prospect Hill Road Manager of Quality Assurance Windsor, Connecticut 06095-05000 Middle South Servies, Inc.

Post Office Box 61000 New Orleans, Louisiana 70161 Chairman Louisiana Public Service Commission One American Place, Suite 1630 Baton Rouge, Louisiana 70825-1697