ML20141G815
| ML20141G815 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley |
| Issue date: | 05/16/1997 |
| From: | Brinkman D NRC (Affiliation Not Assigned) |
| To: | Curtis P ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY |
| References | |
| TAC-M98137, NUDOCS 9705230011 | |
| Download: ML20141G815 (5) | |
Text
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5 UNITED STATES
- o NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30086 4001
%g May 16,1997 Mr. Philip J. Curtis, Vice President
.ABB Combustion Engineering Nuclear Operations Combustion Engineering. Inc.
P. O. Box 500
'2000 Day Hill Road Winsor. CT 06095
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC-DISCLOSURE, BEAVER VALLEY POWER STATION, UNIT NOS. 1 AND 2 (TAC N05.-M98137 AND M98138)'
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Dear Mr. Curtis:
~On March 10, 1997, on behalf of Combustion Engineering Inc. (LE). Duquesne Light Company (DLC) submitted an application for withholding proprietary information from public disclosure pursuant to 10 CFR 2.790 for information contained in the following documents: CEN-629-P Revision 02, " Repair of Westinghouse Series 44 and 51 Steam Generator Tubes Using Leak Tight Sleeves "
dated January 1997: and Addendum 1 to CEN-629-P, " Repair of Westinghouse Series 44 and 51 Steam Generator Tubes Using Leak Tight Sleeves, dated i
January 1997. Also submitted was CE's affidavit dated January 14, 1997, along with a non-proprietary version of the above CE information for placement in the public document room.
By letter dated April 29, 1997. DLC submitted a revised affidavit from Mr. Ian C. Rickard of CE dated April 18, 1997: the revised affidavit updated information contained in your affidavit and corrected the date of CEN-629-P, Revision 2.
The revised affidavit stated that the submitted information should be considered exempt from mandatory public disclosure because the information is considered to be trade secrets and this information has substantial comercial
.value as follows:
1.
The information is not available in oublic sources, and any disclosure to third parties has been'made pursuant to regulatory provisions or proprietary agreements which provide for maintenance 1
of the information in confidence.
2.
Public disclosure of the information is likely to cause substantial harm to the competitive position of CE because:
)
a.
A similar product'is manufactured and sold by major pressurize water reactor competitors of CE.
b.
Development of this information by CE required millions of -
dollars and thousands.of manhours of effort. A competitor would have to undergo'similar expense in generating equiv 1ent information, 220015 c.
In order to acquire such information, a competitor would also require considerable time and inconvenience to develop i
an understanding of welded steam generator tube sleeve.
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installation problems and evaluate s)ecific examples based on test or pulled steam generator tule data and develop and qualify a steam generator tube sleeving program, d.
The information consists of a. description of the steam generator tube repair process of sleeving including qualification program results and analyses, 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's product, and avoid developing similar data and analyses in support of their processes, methods or apparatus.
e.
In pricing CE's products and services, significant research, development engineering, analytical, manufacturing, licensing. quality assurance and other costs and expenses must be included.
The ability of CE's competitors to
- utilize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.
f.
Use of the information by competitors in the international marketplace would increase their ability to market nuclear steam sup)1y systems by reducing the costs associated with their tecinology development.
In addition, disclosure would have an adverse economic impact on CE's potential for obtaining or maintaining foreign licensees.
We have reviewed Mr. Rickard's affidavit and the ABB CE information in accordance with the requirements of 10 CFR 2.790 and, on the basis of Mr. Rickard's statements, have determined that the submitted information sought to be withheld contain trade secrets or proprietary commercial information.
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.
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p P. Curtis
-3 May 16, 1997 J
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 U.S. Nuclear Regulatory Commission (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.
Sincerely.
~
(Original Signed By)
Donald S. Brinkman. Senior Project Manager i
Project Directorate I-2 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation Docket Nos. 50-334/412 cc:
See next page DISTRIBUTION:
Docket File l
PUBLIC PDI-2 r/f SVarga JStolz M0'Brien DBrinkman TLiu MPSiemien, 0GC (EMail MPS)
PEselgroth, RI JStrosnider OFFICE PDI-2/PMA j, PDI-2/PM PDI/2IIN EMCB/BCM OG
_PD4-2/D 4Ytrosnider DObJStk NAME DBrinkma$Im TLiu b N0idIibn J
DATE f/r/9 7 1{9 l87 blWl "d9/97 5I'4 & $7 0FFICIAL RECORD COPY Il DOCUMENT NAME:
BV98137.LTR
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'P. Curtis.
If the basis for withholding this information froin public inspection should change in the' future, such that the information could then be made available for public inspection, you should promptly notify the U.S. Nuclear Regulatory
-. Commission (NRC).
You also.should understand that the NRC may have cause to i
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.
Sincerely,
((
l o
Donald S. Brinkman. Senior Project Manager Project. Directorate I-2 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation Docket Nos. 50-334/412 cc:
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r Duquesne Light. Company:
Beaver Valley Power Station
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Units-1 & 2 I
CC:
.c Jay E. Silberg. Esquire Bureau of Radiation Protection Shaw. Pittman Potts & Trowbridge Pennsylvania' Department of-j 2300 N Street' NW.
Environmental-Resources Washington. DC-20037
- ATTN: Michael P. Murphy l
Post Office Box 2063 1
Manager-Nuclear Safety Department (BV-A) Harrisburg PA 17120-
.Duquesne Light Company:
Beaver Valley Power Station Mayor of the Borrough of PO Box 4 Shippingport
,Shippingport. PA' 15077 Post Office Box 3 i
Shippingport. PA 15077
- Commissioner Roy;M. Smith l
West Virginia Department of Labor Regional Administrator. Region I_
Building 3. Room 319' U.S. Nuclear Regulatory Commission l
Capitol Complex 475 Allendale Road i
Charleston, WVA 25305 King of Prussia. PA 19406 j
Resident Inspector U.S. Nuclear Regulatory Commission i
Director. Utilities Department Public Utilities Commission Post Office Box 298 180 East Broad Street Shippingport. PA 15077 Columbus OH 43266-0573 Director. Pennsylvania Emergency-Duquesne Light Company
}
Management Agency Beaver Valley Power Station Post Office Box 3321 PO Box 4 Harrisburg. PA-17105-3321 Shippingport. PA 15077 ATTN:
S. C. Jain. Vice President Ohio' EPA-DERR Nuclear Services (BV-A)
ATTN:
Zack A._Clayton Post Office Box 1049 J.'E. Cross Columbus. 0H 43266-0149 President-Generation Group Duquesne Light Company Dr. Judith Johnsrud Post Office Box 4 3
National Energy Committee Shippingport. PA 15077
-Sierra Club 433OrlandoAvenue-State College, PA, 16803 1
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