ML20133L059

Responds to Request for Addl Info Re 850517 License Amend Request for Authorization to Sleeve Steam Generator Tubes. Addl Info Re CEN-294-P & Affidavit for Withholding Encl.Info Withheld (Ref 10CFR2.790)

ML20133L059
Person / Time
Site:	Prairie Island
Issue date:	08/02/1985
From:	Musolf D NORTHERN STATES POWER CO.
To:	Office of Nuclear Reactor Regulation
Shared Package
ML19269B552	List: ML20133L059
References
TAC-57847, TAC-57848, NUDOCS 8508120481
Download: ML20133L059 (6)

Text

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Northern States Power Company 414 NicoHet Mau Minneapoks. Minnesota 55401 Telephone 66121 330-5500 August 2, 1985 Director Office of Nuclear Reactor Regulation -

U S Nuclear Regulatory Commission Washington, DC 20555 PRAIRIE ISLAND NUCLEAR GENERATING PLANT Docket Nos. 50-282 License Nos. DPR-42 50-306 DPR-60 Response to NRC Request For Additional Information Related to May 17, 1985 License Amendment Request The purpose of this submittal is to provide a response to NRC Staff requests for additional information on our May 17, 1985 License Amendment Request for authorization to sleeve steam generator tubes. Attached is a response to the NRC Material Testing Engineering Branch request for addi-tional information related to Combustion Engineering Report CEN-294-P.

Also attached is an affidavit executed by Combustion Engineering. The attached response contains information proprietary to Combustion Engi-neering, Incorporated, as supported by the affidavit signed by Combus-tion Engineering, the owner of the information. The affidavit sets forth the basis on which the information may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of Section 2.790 of the Commission's regulations.

Accordingly, it is respectfully requested that the information which is proprietary to Combustion Engineering be withheld from public disclssure in accordance with 10 CFR Section 2.790.

OdM David Musolf Manager-Nuclear Support Services DMM/EFE/ dab c: Regional Administrator-III, NRC NRR Project Manager, NRC Resident Inspector, NRC G Charnoff (w/o attachment)

Attachment CONTAINS PROPRIETARY INFORMATION TO BE WITHHELD $)hD FROM PUBLIC DISCLOSURE IN ACCORDANCE WITH 10 CFR SECTION 2.790 I I 8508120481 850802 ADOCK 05000282 PDR P PDR

e AFFI0AVIT 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 conformance with the provisions of 10 CFR 2.790 of the Commission's regulations and in conjunction with the application of Northern

- States Power for withholding this information.

The information for which proprietary treatment is sought is contained in <

the following document:

CEN-294-P, Prairie Island Steam Generator Tube Repair Using Leak Tight Sleeves, January 15, 1985.

This document has been appropriately designated as proprietary.

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, should be I

withheld.

1. The information sought to be withheld from public disclosure are design and development work on leak tight steam generator sleeves, 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.

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 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 herein are 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 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 information in confidence.

6. Public disclosure of the information is likely to cause substantial harm to the competitive position of Combustion Engineering because:

1

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 thousands of dollars and tens of thousands of man-hours of effort. 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 developing the design of a leak tight steam generator sleeve. ,

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.

e. The information consists of design and development work on leak tight steam generator sleeves, 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 Combustion Engineering, take marketing or other 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 processes, methods or apparatus.

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 information

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.

Further the deponent sayeth not.

A. E. M rer Director Nuclear Licensing Sworn to before me this /d day of k '+ > /

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No[ary Public LYDTA A. SMITH. NOTARY PUBLIC STATE Or COM C' :UT ,v:. 6:3 ::

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