ML031610786
| ML031610786 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 06/04/2003 |
| From: | Sepp H Westinghouse |
| To: | Wermiel J Document Control Desk, NRC/NRR/DSSA/SRXB |
| References | |
| AW-03-1655, GL-83-011, LTR-NRC-03-25 CENPD-206-P-A, CENPD-387-P-A, WACP-14565-P-A, Add 1, WCAP-15306-NP-A, WCAP-9272-P-A | |
| Download: ML031610786 (9) | |
Text
(We Westinghouse U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555 Attention:
J. S. Wermiel, Chief Reactor Systems Branch Division of Systems Safety and Analysis Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355 USA Direct tel:
Direct fax:
e-mail:
412-374-5282 412-374-4011 sepp I ha(westinghouse.com Our ref: LTR-NRC-03-25 June 4, 2003
Subject:
Submittal of WCAP-14565-P-A, Addendum I / WCAP-15306-NP-A, Addendum 1, "Qualification of ABB Critical Heat Flux Correlation with VIPRE-01 Code," for NRC Review and Approval (Proprietary/Non-proprietary)
Dear Mr. Wermiel:
Enclosed are copies of WCAP-14565-P-A, Addendum I WCAP-15306-NP-A, Addendum 1, "Qualification of ABB Critical Heat Flux Correlation with VIPRE-01 Code," submitted to NRC for Review and Approval (Proprietary/Non-proprietary).
It is requested that the above topical be approved by May 2004, in support of the St. Lucie Unit 2 Transition to WCAP-9272-P-A Reload Methodology for Cycle 15. It is also requested that the NRC provide an estimate on the man-power resources required for the review.
The ABB Critical Heat Flux (CHF) Correlations (ABB-NV and ABB-TV) have been previously licensed in CENPD-387-P-A for use with the TORC thermal-hydraulic code (CENPD-206-P-A). Thus, the ABB Critical Heat Flux Correlations are not new, but are being incorporated into VIPRE-01 (WCAP-14565-P-A) with the same 95/95 correlation limit as licensed in TORC.
The VIPRE-01 code was licensed by the NRC with the Westinghouse Correlations WRB-I and WRB-2. In WCAP-15025-P-A, the WRB-2M correlation was licensed and incorporated into VIPRE-01. The addition of the ABB CHF Correlations into VIPRE-01 falls under the guidelines of Generic Letter 83-11, Supplement I since neither the form of the correlation nor the 95/95 correlation limit are being changed.
Also enclosed are:
- 1.
One (I) copy of the Application for Withholding, AW-03-1655 with Proprietary Information Notice and Copyright Notice.
- 2.
One (I) copy ofAffidavit, AW-03-1655.
This submittal contains Westinghouse proprietary information of trade secrets, commercial or financial information which we consider privileged or confidential pursuant to 10 CFR 9.17(a)(4).
Therefore, it is requested that the Westinghouse proprietary information attached hereto be handled on a confidential basis and be withheld from public disclosure.
This material is for your intemal use only and may be used solely for the purpose for which it is submitted. It should not be otherwise used, disclosed, duplicated, or disseminated, in whole or in part, to any other person or organization outside the Office of Nuclear Reactor Regulation without the expressed prior vritten approval of Westinghouse.
A BNFL Group company
Page 2 of 2 LTR-NRC-03-25 June 4, 2003 Correspondence with respect to this Application for Withholding should reference AW-03-1655 and should be addressed to H. A. Sepp, Manager of Regulatory Compliance and Plant Licensing, Westinghouse Electric Company, P. 0. Box 355, Pittsburgh, Pennsylvania 15230-0355.
Very truly yours, HenryASep r
Regulatory Compliance and Plant Licensing Enclosure Copy to:
F. Akstulewicz, NRR D. Holland, NRR U. Shoop, NRR S. L. Wu, NRR A BNFL Group company
Westinghouse Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355 USA U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555 Attention:
J. S. Wermiel, Chief Reactor Systems Branch Division of Systems Safety and Analysis Direct tel:
Direct fax:
e-mail:
412-374-5282 412-374-4011 sepp I ha(westinghouse.com Our ref: AW-03-1655 June 4,2003 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
Submittal of WCAP-14565-P-A, Addendum I / WCAP-15306-NP-A, Addendum 1, "Qualification of ABB Critical Heat Flux Correlation with VIPRE-01 Code," for NRC Reviev and Approval (Proprietary/Non-proprietary)
Reference:
Letter from H. A. Sepp to J. S. Wermiel, LTR-NRC-03-25, dated June 4, 2003
Dear Mr. Wermiel:
The application for vithholding is submitted by Westinghouse Electric Company LLC, a Delaware limited liability company ("Westinghouse"), pursuant to the provisions of paragraph (b)(l) of Section 2.790 of the Commission's regulations.
It contains commercial strategic information proprietary to Westinghouse and customarily held in confidence.
The proprietary material for which withholding is being requested is identified in the proprietary version of the subject report.
In conformance with 10 CFR Section 2.790, Affidavit AW-03-1655 accompanies this application for withholding, setting forth the basis on which the identified proprietary information may be withheld from public disclosure.
Accordingly, it is respectfully requested that the subject information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10 CFR Section 2.790 of the Commission's regulations.
Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-03-1655 and should be addressed to the undersigned.
Very truly yours, Henry A. Sep/
a Regulatory Compliance and Plant Licensing A BNFL Group company
-- I AW 1655 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Henry A. Sepp, who, being by me duly swom according to laNv, deposes and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Company LLC, a Delaware limited liability company ("Westinghouse") and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
Henry A. epp, Manager Regulatory Compliance and Plant Licensing Swom to and subscrib,d before me this day of
,2003.
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Pennsylarnia Assocdain Of Notad~es
AW-03-1 655 (1)
I am Manager, Regulatory Compliance and Plant Licensing, in the Nuclear Services, of the Westinghouse Electric Company LLC, a Delaware limited liability company ("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 licensing and rulemaking proceedings, and am authorized to apply for its withholding on behalfof the Westinghouse Electric Company.
(2)
I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.790 of the Commissionfs regulations and in conjunction with the Westinghouse application for withholding accompanying this Affidavit.
(3)
I have personal knowledge of the criteria and procedures utilized by the Westinghouse Electric Company in designating information as a trade secret, privileged or as confidential commercial or financial information.
(4)
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 detennining whether the information sought to be vithheld 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 information is of a type customarily 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 certain 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 information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.
(b)
It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.
(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.
2
AW-03-1655 (d)
It reveals cost or price information, 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 commercial 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 infonation by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
(b)
It is information which 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 transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.790, 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 knowledge and belief.
3
AW-03-1655 (v)
The proprietary information sought to be withheld in this submittal is that which is appropriately marked, "Submittal of WCAP-14565-P-A, Addendum I / WCAP-15306-NP-A, Addendum 1, "Qualification of ABB Critical Heat Flux Correlation with VIPRE-01 Code," for NRC Review and Approval (Proprietary/Non-proprietary)", June 4, 2003, for submittal to the Commission, being transmitted by Westinghouse Electric Company (W) letter (LTR-NRC-03-25) and Application for Withholding Proprietary Information from Public Disclosure, Henry A. Sepp, Westinghouse, Manager Regulatory Compliance and Plant Licensing to the attention of J. S. Wermiel, Chief, Reactor Systems Branch, Division of Systems Safety and Analysis. The proprietary information as submitted by Westinghouse Electric Company is that associated with a request for NRC review and approval.
This information is part of that which will enable Westinghouse to:
(a)
Obtain generic NRC licensed approval for the use of VIPRE-01 with ABB-NV Critical Heat Flux Correlation for CE-PWR 14x14 and 16x16 fuels with non-mixing vane grids and ABB-TV Critical Heat Flux Correlation for CE-PWVR 14x14 Turbo fuel with mixing vane grids.
(b)
This addition of the ABB-NV and ABB-TV Critical Heat Flux Correlations to VIPRE-01 will promote convergence between Westinghouse business units.
Further this information has substantial commercial value as follows:
(a)
Westinghouse can use modeling capability to further enhance their licensing position over their competitors.
(b)
Assist customers to obtain license changes.
Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar technical evaluation justifications and licensing defense services for commercial pover reactors without commensurate expenses. Also, public disclosure of the information 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 considerable sum of money.
In order for competitors of Westinghouse to duplicate this information, similar technical programs vould have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended for developing the enclosed improved core thermal performance methodology.
Further the deponent sayeth not.
4
Proprietary Information Notice Transmitted herewith are proprietary and non-proprietary versions of documents fumished to the NRC. In order to conform to the requirements of 10 CFR 2.790 of the Commission's regulations concerning the protection of proprietary information so submitted to the NRC, the information which is proprietary in the proprietary 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 information. These lower case letters refer to the types of information 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 2.790(b)(1).
Copyright Notice The documents transmitted herevith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copies for the information contained in these reports which are necessary for its intemal use in connection with generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, pernit, order, or regulation subject to the requirements of 10 CFR 2.790 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection not withstanding. With respect to the non-proprietary versions of these reports, the NRC is permitted to make the number of copies beyond these necessary for its internal 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.