LD-80-019, Forwards Proprietary & Nonproprietary Versions of Slides Presented at NRC 800430 Meeting.Affidavit for Withholding Proprietary Info Encl.Proprietary Version Withheld (Ref 10CFR2.790)
| ML13308B700 | |
| Person / Time | |
|---|---|
| Site: | Millstone, Calvert Cliffs, Saint Lucie, Arkansas Nuclear, Waterford, San Onofre, Maine Yankee |
| Issue date: | 04/30/1980 |
| From: | Scherer A ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY, EMVC-EPS |
| To: | Clark R Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML13308B701 | List: |
| References | |
| 800403, LD-80-019, LD-80-19, NUDOCS 8005020173 | |
| Download: ML13308B700 (6) | |
Text
REGULATORY INFRMATION DISTRIBUTION SYSTEM (RIDS)
ACCESSION N8R:8005020173 DOCDATE: 80/04/03 NOTARIZED: NO DOCKET FACIL:50-309 Maine Yankee Atomic Power Plant, Maine Yankee Atomic 05000309 50-317 Calvert Cliffs Nuclear Power Plant, Unit 1, Baltimore 05000317 50-318 Calvert Cliffs Nuclear Power Plant, Unit 2, Baltimore 05000318 AUTH.NAME AUTHOR AFFILIATION 336 SCHERER,A.F.
C-E Power Systems 334 RECIP.NAME RECIPIENT AFFILIATION CLARK,R.A.
Operating Reactors Branch 3 (Pre 791030)
SUBJECT:
Forwards proprietary & nonproprietary versions of slides presented at NRC 800430 meetingAffidavit for whitholding proprietary info enclProprietary version withheld (ref 10CFR2,790),
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C-E Power Systems Tel. 203/688-1911 8 C C5 0on Combustion Engineering, Inc.
Telex: 99297 1000 Prospect Hill Road Windsor, Connecticut 06095 POWER SYSTEMS 3 /?
April 30, 1980 S-C' 35 LD 019 Mr. Robert A. Clark, Chief Operating Projects Branch 3 Division of Operating Reactors
'01 Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D. C. 20555
Subject:
Slides from NRC Meeting of April 30, 1980
Dear Mr. Clark:
Enclosed are five (5) proprietary copies and five (5) non-proprietary copies of slides presented at the NRC meeting of April 30, 1980.
As attested to in the enclosed affidavit, this information is considered pro prietary. Pursuant to the provisions of 10 CFR 2.790 of the Commission's regulations we request that the material be withheld from public disclosure and that this material be safeguarded. We believe that withholding this proprietary material will not adversely affect the public interest.
This syllabus of slides is provided for information only and is not intended for use as a formal basis for any official actions by the NRC staff.
If I can be of further assistance in this matter, please feel free to contact me.
Very truly yours, COMBUSTION ENGINEERING, INC.
A. Je c erer Director Nuclear Licensing AES:dag
Enclosures:
Proprietary copies 000001 through 000005 Five Non-proprietary copies Affidavit
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 conformance with the provisions of 10 CFR 2.790 of the Commission's regulations for withholding this information.
The information for which proprietary treatment is sought is contained in the following document:
Slides Presented to the Nuclear Regulatory Commission entitled "Guide Tube Wear Resolution - Update Meeting" April 30, 1980.
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 withheld.
- 1. The information sought to be withheld from public disclosure is design information, inspection methods and inspection results, which is
-2 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 documents 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:
- a. A similar product is manufactured and sold by major 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 0
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 design engineering, to obtaining access to test reactor facilities and to conducting extensive in-pile testing.
- 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 supporting data analyses, including test data relative to a process, method or apparatus, 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
-4 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.
4 E. Se rer Director, Nuclear Licensing Sworn to before me this 9th da of pril, 1980 Notary Public".
LISA G. WAICUNAS, NOTARY PUBLIC State of Connecticut No. 54492 Commission Expires March 31, 1983