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Category:Legal-Affidavit
MONTHYEARCNL-24-016, Supplement to Application to Modify the Technical Specification Surveillance Requirement 3.9.5.1 (WBN-TS-21-14)2024-01-10010 January 2024 Supplement to Application to Modify the Technical Specification Surveillance Requirement 3.9.5.1 (WBN-TS-21-14) CNL-23-044, Transmittal of Revision 3 to WCAP-18774-P and WCAP-18774-NP, Addendum to the Rotterdam Dockyard Company Final Stress Report for 173 P.W.R. Vessels TVA III & IV (Report No. 30749-B-030, Rev. 3) - Evaluation of One Closure Stud Out2023-06-0101 June 2023 Transmittal of Revision 3 to WCAP-18774-P and WCAP-18774-NP, Addendum to the Rotterdam Dockyard Company Final Stress Report for 173 P.W.R. Vessels TVA III & IV (Report No. 30749-B-030, Rev. 3) - Evaluation of One Closure Stud Out CNL-23-043, Emergency License Amendment Request to Relax the Required Number of Fully Tensioned Reactor Pressure Vessel Head Closure Studs in Technical Specification Table 1.1-1, Modes (WBN-TS-23-09)2023-05-0404 May 2023 Emergency License Amendment Request to Relax the Required Number of Fully Tensioned Reactor Pressure Vessel Head Closure Studs in Technical Specification Table 1.1-1, Modes (WBN-TS-23-09) CNL-21-098, Supplement to Response to Request for Additional Information Regarding Application to Modify Technical Specifications Steam Generator Inspection/Repair Program Provisions and Operating License Condition 2.C.(4)2022-01-0505 January 2022 Supplement to Response to Request for Additional Information Regarding Application to Modify Technical Specifications Steam Generator Inspection/Repair Program Provisions and Operating License Condition 2.C.(4) ML21246A1172021-09-0202 September 2021 Affidavit Dated September 2, 2021, Executed by Anthony J. Schoedel ML21223A2592021-08-11011 August 2021 Affidavit - Prop Slides - Partially Closed Meeting with TVA Potential Watts Bar, Unit 2 Tube Locking LAR CNL-21-011, Expedited Application for Approval to Use a Growth Rate Temperature Adjustment When Implementing the Generic Letter 95-05 Analysis for the (WBN TS-391-21-002)2021-02-25025 February 2021 Expedited Application for Approval to Use a Growth Rate Temperature Adjustment When Implementing the Generic Letter 95-05 Analysis for the (WBN TS-391-21-002) CNL-20-063, Supplement to License Amendment Request for Measurement Uncertainty Recapture Power Uprate (WBN-TS-19-06)2020-07-27027 July 2020 Supplement to License Amendment Request for Measurement Uncertainty Recapture Power Uprate (WBN-TS-19-06) CNL-19-082, License Amendment Request for Measurement Uncertainty Recapture Power Uprate (WBN-TS-19-06)2019-10-10010 October 2019 License Amendment Request for Measurement Uncertainty Recapture Power Uprate (WBN-TS-19-06) CNL-18-116, Response to Request for Additional Information Regarding the Application to Revise Watts Bar Nuclear Plant Unit 2 - License Condition 2.C(4) PAD4TCD (391-WBN-TS-18-03)2018-10-11011 October 2018 Response to Request for Additional Information Regarding the Application to Revise Watts Bar Nuclear Plant Unit 2 - License Condition 2.C(4) PAD4TCD (391-WBN-TS-18-03) CNL-18-103, Topical Report TVA-NPG-AWA16, TVA Overall Basin Probable Maximum Precipitation and Local Intense Precipitation Analysis, Calculation CDQ0000002016000041,.2018-09-0606 September 2018 Topical Report TVA-NPG-AWA16, TVA Overall Basin Probable Maximum Precipitation and Local Intense Precipitation Analysis, Calculation CDQ0000002016000041,. CNL-18-081, Request for Review and Approval of Topical Report TVA-NPG-AWA16, TVA Overall Basin Probable Maximum Precipitation and Local Intense Precipitation Analysis, Calculation CDQ0000002016000041, Revision 12018-06-22022 June 2018 Request for Review and Approval of Topical Report TVA-NPG-AWA16, TVA Overall Basin Probable Maximum Precipitation and Local Intense Precipitation Analysis, Calculation CDQ0000002016000041, Revision 1 05000390/LER-2016-0022016-05-0404 May 2016 Technical Specification Action Not Met for Inoperable Containment Isolation Valve, LER 16-002-00 for Watts Bar, Unit 1, Regarding Technical Specification Action Not Met for Inoperable Containment Isolation Valve CNL-15-263, Application to Revise Technical Specification 4.2.1, Fuel Assemblies (WBN-TS-15-03) - Supplemental Information Related to the Onsite Regulatory Audit at Pacific Northwest National Laboratory2015-12-29029 December 2015 Application to Revise Technical Specification 4.2.1, Fuel Assemblies (WBN-TS-15-03) - Supplemental Information Related to the Onsite Regulatory Audit at Pacific Northwest National Laboratory CNL-15-204, Response to NRC Question Regarding the Revised Containment Analysis, Including Enclosure 3, WCAP-17834-NP, Revision 2, Wcobra/Trac Long Term LOCA M&E and Containment Integrity Analysis and Enclosure 4, Affidavit2015-09-21021 September 2015 Response to NRC Question Regarding the Revised Containment Analysis, Including Enclosure 3, WCAP-17834-NP, Revision 2, Wcobra/Trac Long Term LOCA M&E and Containment Integrity Analysis and Enclosure 4, Affidavit ML15265A0452015-09-18018 September 2015 Holtec International - Request for Additional Documentation for Watts Bar Dry Storage Project ML13225A0242013-08-0606 August 2013 Fuel Thermal Conductivity Degradation, Response to Supplemental Safety Evaluation Report Open Item 61 ML11341A0342011-11-30030 November 2011 Attachment 32, General Atomics-Electronics Systems Inc. Letter GA-ESI 4493, Request by General Atomics Electronic Systems, Inc. to Withhold Certain Information from Public Disclosure Under 10CFR2.390 Dated October 14, 2011.. ML1109502762011-04-0101 April 2011 Response to Large Break Loss of Coolant Accident (LBLOCA) and Over-Pressurization Request for Additional Information ML0325803962003-05-29029 May 2003 Enclosure 3 - Watts Bar, Withholding from Public Disclosure, Responses to the NRC Request for Additional Information on the RFA-2 Licensing Submittal (WBN-TS-02-13) for the Watts Bar Nuclear Plant (Proprietary) ML0222102552002-08-0707 August 2002 Letter from Brent R. Marquand to Charles Bechhoefer Requesting That Licensing Board Sign and Issue Subpoena for Sam L. Harvey, Based on Description of Intended Testimony Set Forth in Tva'S 03/29/2002 Witness List 2024-01-10
[Table view] Category:Letter
MONTHYEARML23319A2452024-01-29029 January 2024 Issuance of Amendment Nos. 366 and 360; 164 and 71 Regarding the Adoption of TSTF-567, Revision 1, Add Containment Sump TS to Address GSI-191 Issues ML24008A2462024-01-18018 January 2024 Revision to the Reactor Vessel Material Surveillance Capsule Withdrawal Schedule CNL-24-017, Tennessee Valley Authority - Central Emergency Control Center Emergency Plan Implementing Procedure and Emergency Preparedness Department Procedure Revisions2024-01-17017 January 2024 Tennessee Valley Authority - Central Emergency Control Center Emergency Plan Implementing Procedure and Emergency Preparedness Department Procedure Revisions CNL-24-016, Supplement to Application to Modify the Technical Specification Surveillance Requirement 3.9.5.1 (WBN-TS-21-14)2024-01-10010 January 2024 Supplement to Application to Modify the Technical Specification Surveillance Requirement 3.9.5.1 (WBN-TS-21-14) CNL-23-052, Application to Adopt TSTF-427-A, Revision 2, Allowance for Non-Technical Specification Barrier Degradation on Supported System Operability2024-01-0909 January 2024 Application to Adopt TSTF-427-A, Revision 2, Allowance for Non-Technical Specification Barrier Degradation on Supported System Operability CNL-23-062, Application to Revise the Technical Specifications Section 3.8.2, AC Sources-Shutdown, to Remove Reference to the C-S Diesel Generator (WBN-TS-23-018)2024-01-0808 January 2024 Application to Revise the Technical Specifications Section 3.8.2, AC Sources-Shutdown, to Remove Reference to the C-S Diesel Generator (WBN-TS-23-018) ML23346A1382024-01-0303 January 2024 Regulatory Audit Summary Related to Request to Increase the Number of Tritium Producing Burnable Absorber Rods CNL-23-069, Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation2023-12-21021 December 2023 Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation IR 05000390/20234412023-12-21021 December 2023 Plantfinal Significance Determination for a Security-Related Greater than Green Finding, Nov, and Assessment Follow-up, 05000390-2023441 and 05000391-2023441-Public CNL-23-036, Application to Revise Function 5 of Technical Specification Table 3.3.2-1, Engineered Safety Feature Actuation System Instrumentation, for the Sequoyah Nuclear Plant and Watts Bar Nuclear Plant (SQN-TS-23-02 and WBN-TS-23-08)2023-12-18018 December 2023 Application to Revise Function 5 of Technical Specification Table 3.3.2-1, Engineered Safety Feature Actuation System Instrumentation, for the Sequoyah Nuclear Plant and Watts Bar Nuclear Plant (SQN-TS-23-02 and WBN-TS-23-08) IR 05000390/20234042023-12-14014 December 2023 Security Baseline Inspection Report 05000390/2023404 and 05000391/2023404 CNL-23-001, Rebaseline of Sections 3.1 and 3.2 of the Technical Specifications (WBN-TS-23-01)2023-12-13013 December 2023 Rebaseline of Sections 3.1 and 3.2 of the Technical Specifications (WBN-TS-23-01) ML23293A0572023-12-0606 December 2023 Issuance of Amendment Nos. 163 and 70 Regarding Adoption of TSTF-501-A, Revision 1, Relocate Stored Fuel Oil and Lube Oil Volume Values to Licensee Control IR 05000390/20230102023-11-30030 November 2023 RE-Issue Watts Bar Nuclear Plant - Biennial Problem Identification and Resolution Inspection Report 050000390/2023010 and 05000391/2023010 and Apparent Violation CNL-23-067, Central Emergency Control Center Emergency Plan Implementing Procedure Revisions2023-11-27027 November 2023 Central Emergency Control Center Emergency Plan Implementing Procedure Revisions IR 05000390/20230032023-11-13013 November 2023 Integrated Inspection Report 05000390/2023003 and 05000391/2023003 and Apparent Violation ML23312A1432023-11-0808 November 2023 Submittal of Dual Unit Updated Final Safety Analysis Report (UFSAR) Amendment 5 CNL-23-059, Supplement to Sequoyah Nuclear Plant, Units 1 and 2, and Watts Bar Nuclear Plant, Units 1 and 2, Application to Revise Technical Specifications to Adopt TSTF-567-A, Revision 1, Add Containment Sump TS to Address GSI-191 Issues (SQN-TS-23-2023-09-20020 September 2023 Supplement to Sequoyah Nuclear Plant, Units 1 and 2, and Watts Bar Nuclear Plant, Units 1 and 2, Application to Revise Technical Specifications to Adopt TSTF-567-A, Revision 1, Add Containment Sump TS to Address GSI-191 Issues (SQN-TS-23-03 CNL-23-061, Tennessee Valley Authority - Central Emergency Control Center Emergency Plan Implementing Procedure Revision2023-09-20020 September 2023 Tennessee Valley Authority - Central Emergency Control Center Emergency Plan Implementing Procedure Revision ML23251A2002023-09-11011 September 2023 Request for Withholding Information from Public Disclosure for Watts Bar Nuclear Plant, Units 1 and 2 CNL-23-057, Central Emergency Control Center Emergency Plan Implementing Procedure Revisions. Includes CECC-EPIP-1, Revision 76 and CECC-EPIP-9, Revision 642023-09-0505 September 2023 Central Emergency Control Center Emergency Plan Implementing Procedure Revisions. Includes CECC-EPIP-1, Revision 76 and CECC-EPIP-9, Revision 64 IR 05000390/20230052023-08-30030 August 2023 Updated Inspection Plan for Watts Bar Nuclear Plant, Units 1 and 2 - Report 05000390/2023005 and 05000391/2023005 ML23233A0042023-08-28028 August 2023 Proposed Alternative to the Requirements of the ASME Boiler and Pressure Vessel Code for Upper Head Injection Dissimilar Metal Butt Welds IR 05000390/20230022023-08-16016 August 2023 Reissue - Watts Bar Nuclear Plant - Integrated Inspection Report 05000390/2023002 and 05000391/2023002 ML23220A1582023-08-0909 August 2023 Integrated Inspection Report 05000390/2023002 and 05000391/2023002 CNL-23-045, License Amendment Request to Revise Technical Specification Table 1.1-1 Regarding the Required Number of Fully Tensioned Reactor Pressure Vessel Head Closure Bolts (WBN-TS-23-010)2023-08-0707 August 2023 License Amendment Request to Revise Technical Specification Table 1.1-1 Regarding the Required Number of Fully Tensioned Reactor Pressure Vessel Head Closure Bolts (WBN-TS-23-010) CNL-23-028, Application to Revise Technical Specifications to Adopt TSTF-567-A, Revision 1, Add Containment Sump TS to Address GSI-191 Issues (SQN-TS-23-03 and WBN-TS-23-06)2023-08-0202 August 2023 Application to Revise Technical Specifications to Adopt TSTF-567-A, Revision 1, Add Containment Sump TS to Address GSI-191 Issues (SQN-TS-23-03 and WBN-TS-23-06) ML23192A4472023-07-31031 July 2023 Staff Assessment of Updated Seismic Hazards at TVA Sites Following the NRC Process for the Ongoing Assessment of Natural Hazards Information CNL-23-055, Tennessee Valley Authority - Emergency Preparedness Department Procedure Revision. Includes EPDP-3, Revision 3, Emergency Plan Exercises and Preparedness Drills2023-07-25025 July 2023 Tennessee Valley Authority - Emergency Preparedness Department Procedure Revision. Includes EPDP-3, Revision 3, Emergency Plan Exercises and Preparedness Drills IR 05000390/20230112023-07-24024 July 2023 Quadrennial Focused Engineering Inspection (FEI) Commercial Grade Dedication Report 05000390 2023011 and 05000391 2023011 CNL-23-053, Tennessee Valley Authority - Radiological Emergency Plan Revisions2023-07-18018 July 2023 Tennessee Valley Authority - Radiological Emergency Plan Revisions CNL-23-020, Application to Revise Technical Specifications to Adopt TSTF-501-A, Revision 1, Relocate Stored Fuel Oil and Lube Oil Volume Values to Licensee Control (WBN-TS-22-06)2023-06-28028 June 2023 Application to Revise Technical Specifications to Adopt TSTF-501-A, Revision 1, Relocate Stored Fuel Oil and Lube Oil Volume Values to Licensee Control (WBN-TS-22-06) CNL-23-049, Tennessee Valley Authority - Radiological Emergency Plan and Central Emergency Control Center Emergency Plan .2023-06-26026 June 2023 Tennessee Valley Authority - Radiological Emergency Plan and Central Emergency Control Center Emergency Plan . ML23122A2322023-06-0707 June 2023 Issuance of Amendment Nos. 162 and 69 Regarding Change to Date in Footnotes for Technical Specification 3.7.11, Control Room Emergency Air Temperature Control System (Creatcs) CNL-23-044, Transmittal of Revision 3 to WCAP-18774-P and WCAP-18774-NP, Addendum to the Rotterdam Dockyard Company Final Stress Report for 173 P.W.R. Vessels TVA III & IV (Report No. 30749-B-030, Rev. 3) - Evaluation of One Closure Stud Out2023-06-0101 June 2023 Transmittal of Revision 3 to WCAP-18774-P and WCAP-18774-NP, Addendum to the Rotterdam Dockyard Company Final Stress Report for 173 P.W.R. Vessels TVA III & IV (Report No. 30749-B-030, Rev. 3) - Evaluation of One Closure Stud Out IR 05000390/20234032023-05-30030 May 2023 Cyber Security Inspection Report 05000390/2023403 and 05000391/2023403 ML23131A1812023-05-23023 May 2023 Correction to Amendment No. 161 to Facility Operating License No. NPF-90 CNL-23-042, Radiological Emergency Plan and Central Emergency Control Center Emergency Plan Implementing Procedure Revisions2023-05-16016 May 2023 Radiological Emergency Plan and Central Emergency Control Center Emergency Plan Implementing Procedure Revisions IR 05000390/20220032023-05-0909 May 2023 Reissue Watts Bar Nuclear Plant - Integrated Inspection Report 05000390/2022003 and 05000391/2022003 ML23125A2202023-05-0505 May 2023 Issuance of Amendment No. 161 Regarding a Change to Footnotes for Technical Specification Table 1.1-1 Modes (Emergency Circumstances) IR 05000390/20230012023-05-0404 May 2023 Integrated Inspection Report 05000390/2023001 and 05000391/2023001 CNL-23-043, Emergency License Amendment Request to Relax the Required Number of Fully Tensioned Reactor Pressure Vessel Head Closure Studs in Technical Specification Table 1.1-1, Modes (WBN-TS-23-09)2023-05-0404 May 2023 Emergency License Amendment Request to Relax the Required Number of Fully Tensioned Reactor Pressure Vessel Head Closure Studs in Technical Specification Table 1.1-1, Modes (WBN-TS-23-09) CNL-23-032, Clinch River, Sequoyah, Units 1 and 2, Watts Bar, Unit 1 and 2, Nuclear Quality Assurance Plan, TVA-NQA-PLN89-A, Revision 412023-04-27027 April 2023 Clinch River, Sequoyah, Units 1 and 2, Watts Bar, Unit 1 and 2, Nuclear Quality Assurance Plan, TVA-NQA-PLN89-A, Revision 41 CNL-23-030, Tennessee Valley Authority - Hydrologic Engineering Center River Analysis System Project Milestone Status Update2023-04-27027 April 2023 Tennessee Valley Authority - Hydrologic Engineering Center River Analysis System Project Milestone Status Update CNL-23-033, Radiological Emergency Plan and Central Emergency Control Center Emergency Plan Implementing Procedure Revision2023-04-24024 April 2023 Radiological Emergency Plan and Central Emergency Control Center Emergency Plan Implementing Procedure Revision CNL-23-029, Radiological Emergency Plan and Central Emergency Control Center Emergency Plan Implementing Procedure Revisions2023-04-11011 April 2023 Radiological Emergency Plan and Central Emergency Control Center Emergency Plan Implementing Procedure Revisions ML23072A0652023-04-0505 April 2023 Units 1 and 2 Issuance of Amendment Nos. 364 and 358; 160 and 68 Regarding a Revision to Technical Specification 3.4.12 ML23073A2762023-04-0303 April 2023 Individual Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing (EPID L-2023-LLA-0029) (Letter) CNL-23-023, Annual Insurance Status Report2023-03-30030 March 2023 Annual Insurance Status Report CNL-23-024, TVA Guarantee of Payment of Deferred Premiums - 2022 Annual Report2023-03-29029 March 2023 TVA Guarantee of Payment of Deferred Premiums - 2022 Annual Report 2024-01-09
[Table view] |
Text
ENCLOSURE 3 TENNESSEE VALLEY AUTHORITY WATTS BAR NUCLEAR PLANT (WBN)
UNIT 1 WESTINGHOUSE LETTER "APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE" (CAW-03-1646), MAY 29, 2003.
Westinghouse Proprietary Class 2 W estinghouse Westinghouse Electric Company Nuclea rServices P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355 USA U.S. Nuclear Regulatory Commission Direct tel: (412) 374-5282 Document Control Desk Direct fax: (412) 3744011 Washington, DC 20555-0001 e-mail: sepplha@westinghouse.com Our ref: CAW-03-1646 May 29, 2003 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
Responses to the NRC Request for Additional Information on the RFA-2 Licensing Submittal (WBN-TS-02-13) for the Watts Bar Nuclear Plant (Proprietary)
The proprietary information for which withholding is being requested in the subject report is further identified in Affidavit CAW-03-1646 signed by the owner of the proprietary information, Westinghouse Electric Company LLC. The affidavit, which accompanies this letter, 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 2.790 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by Tennessee Valley Authority for Watts Bar Nuclear Plant.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-03-1646 and should be addressed to the undersigned.
Very truly yours, H. A. Se, ager Regulatory Compliance and Plant Licensing Enclosures cc: J. S. Wermiel D. Holland/NRR B. Benney/NRR A BNFL Group company
CAW-03 -1646 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
s COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared H. A. Sepp, who, being by me duly sworn according 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 true and correct to the best of his knowledge, information, and belief:
H. A. Sepp, antagr Regulatory Compliance and Plant Licensing Sworn to and subscribed before me this 30 - day of ,2003 Notary Public Sham L FR, Notay Pic
"" C>% 5eBo,Mf yCou Mon **:t/",
My Cnvaniasson Ee January 29.200 Member. Pennsyvria Assoclaon,Of No(ades
-- 2 CAW-03-1646 (1) I am Manager, Regulatory Compliance and Plant Licensing, 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 licensing and rule making proceedings, and am authorized to, apply for its withholding on behalf of the Westinghouse Electric Company LLC.
(2) .1am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's 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 LLC 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 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 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
I' 3 CAW-03-1646 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.
(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 information 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 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.
4 CAW-03-1646 (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 10CFR 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.
(v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in "Responses to the NRC Request for Additional Information on the RFA-2 Licensing Submittal (WBN-TS-02-13) for the Watts Bar Nuclear Plant" (Proprietary), dated May 28, 2003 for information supporting the Watts Bar Nuclear Plant Unit 1 license amendment request to incorporate analytical methods for the Robust Fuel Assembly (RFA)-2 upgrade, transmitted by the Tennessee Valley Authority letter and Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk, Attention Mr. J. S. Wermiel. The proprietary information as submitted for use by Westinghouse Electric Company LLC for the Watts Bar Nuclear Plant provides technical support for the license amendment request.
5 CAW-03-1646 This information is part of that which will enable Westinghouse to:
(a) Provide technical justification for the implementation of RFA-2 fuel in Watts Bar.
(b) Assist Tennessee Valley Authority to obtain a license change.
Further this information has substantial commercial value as follows:
(a) Westinghouse can use the information to further enhance their licensing position with their competitors.
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 evaluations and licensing defense services for commercial power 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 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.