ML17304A245
| ML17304A245 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 06/23/1988 |
| From: | Knighton G Office of Nuclear Reactor Regulation |
| To: | Van Brunt E ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR |
| References | |
| NUDOCS 8807110258 | |
| Download: ML17304A245 (10) | |
Text
r l r June 23, 1988 Docket No.:
50-528 Mr. E.
E.
Van Brunt, Jr.
Executive Vice President Arizona Nuclear Power Project Post Office Box 52304
- Phoenix, Arizona 85072-2034
Dear Mr. Van Brunt:
DISTRIBUTION
" PDR Local PDR PD5 File DMCrutchfield GMHolahan GWKnighton MJDavis JLee EShomaker
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By your application dated June 3, 1988 with an attached affidavit from Combustion Engineering, you requested that a previous submittal dated January 8,
- 1988, concerning Unit 1 Fuel Surveillance Test Results should be considered exempt from mandatory public disclosure for the following reasons:
1.
The information sought to be withheld from public disclosure are methods and specific results of inspections which reveal the mechanical performance of the S-80 fuel assemblies, 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 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 b'asis for deter-mining 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 1, 1974.
This system was applied in determining that the subject document is proprietary.
4.
The information should have been transmitted to the Commission in confidence under the provisions of 10 CFR 2.790 with the under-standing that it would be held in confidence by the Commission.
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Mr. E.
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5.
The information is not available in public sources, and any disclosure to third parties has been made pursuant to regulatory provisions or proprietary agreement 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:
a.
A similar product is manufactured and sold by major pressurjzed water reactor competitors of Combustion Engineering.
b.
Development of this information by C-E required hundreds of man hours and tens of thousands of dollars.
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 to develop measurement techniques and standards and design criteria in order to acquire similar information.
d.
The information required significant effort and expense to obtain the licensing approvals necessary for appli-cation 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 methods and specific results of inspections which reveal both the mechanical performance of S-Bg fuel assemblies and design criteria and margins, the application of which provides a com-petitive economic advantage.
The avai labi lity 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, an avoid developing similar data and analysis 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.
Nr.
E.
E.
Van Brunt, Jr. 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 application and the material in accordance with the requirements 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.
Therefore, the attachment to your January 8, 1988, transmitted letter, previously submitted as non-proprietary information, will be retrieved so that the document can be properly controlled.
The document 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 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 frm 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 also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information.
In all review situations, if the NRC makes a
determination adverse to the above, you will be notified in advance of any public disclosure.
S in cere ly, original signed by cc:
See next pag DRSP/PD5 OG MJDavis:dr E h aker 6/po/88 6/
/88 George W. Knighton, Director Project Directorate V
Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation D
V hton 6/g$ /88
0" II
Nr. E.
E.
Van Brunt, Jr.
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 application.and the material in accordance with the requirements 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.
Therefore, the attachment to your January 8, 1988, transmitted letter, previously submitted as non-proprietary information, will be retrieved so that the document can be properly controlled.
The document 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 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 also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information.
In all review situations, if the NRC makes a
determination adverse to the above, you will be notified in advance of any public disclosure.
S incere ly, cc:
See next page George
. Knighton, irector Project Directorate V
Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation
Mr. E.
E.
Van Brunt, Jr.
Arizona Nuclear Power Project Palo Verde CC:
Arthur C. Gehr, Esq.
Snell 5 Wilmer 3100 Valley Center Phoenix, Arizona 85073 Mr. James M. Flenner, Chief Counsel Arizona Corporation Commission 1200 West Washington Phoenix, Arizona 85007 Charles R. Kocher, Esq. Assistant Council James A. Boeletto, Esq.
Southern California Edison Company P. 0.
Box 800
- Rosemead, California 91770 Mr. Mark Ginsberg Energy Director Office of Economic Planning and Development 1700 West Washington - 5th Floor Phoenix, Arizona 85007 Mr. Wayne Shirley Assistant Attorney General Bataan Memorial Building Santa Fe, New Mexico 87503 Mr. Tim Polich U.S. Nuclear Regulatory Commission P. 0.
Box 97 - Palo Verde
- Tonopah, Arizona 85354-0097 Regional Administrator, Region V
U. S. Nuclear Regulatory Commission 1450 Maria Lane Suite 210 Walnut Creek, California 94596 Ms. Lynn Bernabei Government Accountability Project of the Institute for Policy Studies 1901 gue Street, NW Washington, DC 20009 Mr. Charles B. Brinkman, Manager Washington Nuclear Operations Combustion Engineering, Inc.
7910 Woodmont Avenue Suite 1310
- Bethesda, Maryland 20814
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Arizona Nuclear Power Project 'alo Verde CC:
Chairman Arizona Corporation Commission Post Office Box 6019 Phoenix, Arizona 85003 Arizona Radiation Regulatory Agency ATTN:
Hs. Clara Palovic, Librarian 4814 South 40, Street Phoenix, Arizona 85040 Nr. Charles Tedford, Director Arizona Radiation Regulatory Agency 4814 South 40 Street Phoenix, Arizona 85040 Chairman lharicopa County Board of Supervisors 111 South Third Avenue Phoenix, Arizona 85003
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