L-PI-12-038, Westinghouse, Affidavit - CE-12-3 16, Revision 1, Westingliouse Suggested Responses to the Requests for Additional Information Presented in ML120620389.

Westinghouse, Affidavit - CE-12-3 16, Revision 1, Westingliouse Suggested Responses to the Requests for Additional Information Presented in ML120620389.

ML12139A199
Person / Time
Site:	Prairie Island
Issue date:	05/03/2012
From:	Gresham J Westinghouse
To:	Office of Nuclear Reactor Regulation, Document Control Desk
Shared Package
ML121390261	List: L-PI-12-038, Westinghouse, Affidavit - CE-12-3 16, Revision 1, Westingliouse Suggested Responses to the Requests for Additional Information Presented in ML120620389. ML12139A198
References
L-PI-12-038, TAC ME6984, TAC ME6985, CAW-12-3471
Download: ML12139A199 (9)

Text

Enclosure 3 Westinghouse Affidavit 8 pages follow

Westinghouse Electric Company Nuclear Services 1000 Westinghouse Drive Cranberry Township, Pennsylvania 16066 USA U.S. Nuclear Regulatory Com~nission Direct tel: (412) 374-4643 Document Control Desk Direct fax: (724) 720-0754 11555 Rockville Pike e-mall: greshaja@westinghouse.com Rockville, MD 20852 Proj letter: NF-XCEL-12-53 CAW-12-3471 May 3,2012 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

CE-12-3 16, Revision 1, Attachment I, "Westingliouse Suggested Responses to the Requests for Additional Information Presented in ML120620389" (Proprietary)

The proprietary information for which withholding is being requested in the above-referenced report is further identified in Affidavit CAW-12-3471 signed by the owner of the proprietary information, Westinghouse Electric Company LLC. The affidavit, which accoinpanies this lettey, 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 10 CFR Section 2.390 of the Commission's regulations.

Accordingly, this letter authorizes the utilization of the acco~npanyingaffidavit by Xcel Energy.

Correspondence with respect to the proprietaty aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-12-3471, and should be addressed to J. A. Gresham, Manager, Regulato~yCompliance, Westil~ghouseElectric Company LLC, Suite 428, 1000 Westinghouse Drive, Cranberry Township, Pennsylvania 16066.

Very truly yours, J, A, Gresham, Manager Regulatory Compliance Enclosures

CAW- 12-3471 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

COUNTY OF BUTLER:

Before me, the undersigned authority, personally appeared J. A. Gresham, who, being by me duly sworn accosding to law, deposes and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Company LLC (Westinghouse), and that the averments of fact set forth in this Affidavit are pue and c o ~ ~ etoc tthe best of his knowledge, information, and belief:

1J. A. Gresham, Manages Regulatoly Compliance Sworn to and subscribed before me this 3rd day of May 20 12 Cynthia Olesky, Notary Public

(I) I arn Manager, Regulatory Compliance, in Nuclear Services, Westinghouse Electric Company LLC (Westinghouse), and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant Iicensing and rule making proceedings, and am authorized to apply for its withholding on behalf of Westinghouse.

(2) I am making this Affidavit in conformance with the provisions of 10 CFR Section 2,390 of the Commission's regulations and in conjunction with the Westinghouse Application for Withholding Proprietary Information from Public Disclosure accompanying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse in designating infonnation as a trade secret, privileged or as confidential comlnercial or financial information.

(4) Pursuant to the provisions of paragsaph (b)(4) of Section 2.390 of the Cominission's regulations, the following is furnished for consideration by the Cotnmission in determining whether the information sought to be withheld from public disclosure should be withheld.

(i) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

(ii) The infonnation is of a type customa~*ily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse 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 cestain types of information in confidence. The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.

Under that system, information is held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage, as follows:

(a) The infor~nationreveals the distinguishing aspe'cts of a process (or component, structure, tool, method, etc.) where prevention of its use by any of

Westinghouse's competitors without license fiom Westinghouse constitutes a competitive economic advantage over other companies.

(b) It consists of supporting data, including test data, relative to a process (or coinponent, structure, tool, metliod, etc.), the application of which data secures a competitive economic advantage, e.g., by optin~izationor improved marlietability.

(c) Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.

(d) It reveals cost or price infomation, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential conlmercial value to Westinghouse.

(f) It contains patentable ideas, for which patent protection may be desirable.

There are sound policy reasons behind the Westinghouse system which include the following,:

(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld fiom disclosure to protect the Westingl~ousecompetitive position.

(b) It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.

(c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.

(e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.

(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

(iii) The information is being tsansmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.390, it is to be received in confidence by the Commission.

(iv) The information sought to be protected is not available in public sources or available information has not been previously employed in the same original manner or method to the best of our lcnowledge and belief.

(v) The proprietay information sought to be withheld in this submittal is that wllich is appropriately marked in CE-12-3 16, Revision 1, Attaclunent 1, "Westinghouse Suggested Responses to the Requests for Additional Infornlation Presented in ML120620389" (Proprietary), for submittal to the Commission, being transmitted by Xcel Energy letter and Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk. The proprietary information as submitted by Westinghouse is that associated with Westinghouse's request for NRC approval of WCAP-17400, Revision 0, "Prairie Island Units 1 and 2 Spent Fuel Pool Criticality Safety Analysis," and may be used only for that purpose.

This information is part of that which will enable Westinghouse to:

(a) Obtain NRC approval of WCAP-17400, Revision 0, "Prairie Island Units 1 and 2 Spent Fuel Pool Criticality Safety Analysis."

(b) Provide results of customer specific calculations.

(c) Provide licensing support for customer submittals.

Further this information has substantial colnmercial value as follows:

(a) Westinghouse plans to sell the use of this information to its custolners for purposes of meeting NRC requirements for licensing documentation associated with Spent Fuel Criticality submittals supporting EPU.

(b) Westil~ghousecan sell support and defense of the use of t l ~ etechnology to its customer in licensing process.

(c) The information requested to be withheld reveals the distinguishing aspects of a methodology which was developed by Westinghouse.

Public disclosure of this proprietary infornlation is likely to cause substantial harm to the competitive positioil of Westinghouse because it would enhance the ability of competitors to provide similar calculations and licensing defense services for comnlercial power reactors without commensurate expenses. Also, public disclosure of the infolnlation would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a cotisiderable sum of money.

In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended.

Further the deponent sayeth not.

Proprietary Information Notice Transmitted herewith are proprietmy and/olSnon-proprietaty versions of documents furnished to the NRC in connectio~lwith requests for generic andlor plant-specjfic review and approval.

In order to conform to the requirements of 10 CFR 2,390 of the Commission's regulations concerning the protection of proprietary information so submitted to the NRC, the information which is proprietary in the proprietaiy versions is contained within brackets, and where the proprietary information has been deleted in the non-proprietary versions, only the brackets remain (the information that was contained within the brackets in the proprietary versions having been deleted). The justification for claiming the information so designated as proprietary is indicated in both versions by means of lower case letters (a) through (f) located as a superscript immediately following the brackets enclosing each item of information being identified as proprietary or in the margin opposite such infonnation. These lower case letters refer to the types of infonnation Westinghouse customarily holds in confidence identified in Sections (4)(ii)(a) through (4)(ii)(f) of the affidavit accompanying this transmittal pursuant to 10 CFR 2.390(b)(l).

Copyright Notice The reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is peimitted to make the number of copies of the information contained in these reposts which are necessary for its internal use in connection with generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfet; renewal, modification, suspension, revocation, or violation of a license, pemit, order, or regulation subject to the requirements of 10 CFR 2.390 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection notwithstanding. With respect to the non-proprietary versions of these reports, the NRC is permitted to make the number of copies beyond those necessary for its intesnal use which are necessary in order to have one copy available for public viewing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as may be required by NRC regulations if the number of copies submitted is insufficient for this purpose. Copies made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.