ML043000155
| ML043000155 | |
| Person / Time | |
|---|---|
| Site: | Kewaunee, PROJ0694  |
| Issue date: | 10/20/2004 |
| From: | Schiffley F Westinghouse Owners Group |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| CAW-04-1907, FOIA/PA-2008-0046, PA-SEE-0162 WOG-04-541 | |
| Download: ML043000155 (8) | |
Text
Project Number 694 Domestic Uembers October 20, 2004 AmerenUE Calaway American Electric Power Co.
D.C. Cook 1 & 2 WOG-04-541 Arizona Public Service Co.
PaloVerde 1.2&3 Constellation Energy Group Calvert Cliffs I &2 R. E. Ginna Dominion Nuclear Connecticut Document Control Desk Millstone 2 & 3 Dominion Virginia Power U.S. Nuclear Regulatory Commission North Anna 1 &2 Surry I & 2 Washington, DC 20555-0001 Duke Energy Catawba 1 & 2 McGuire I & 2 Entergy Nuclear Northeast Indian Pont 2 & 3 Entergy Nuclear South
Subject:
Westinghouse Owners Group ANO 2 Waterford 3 Comparison of CROSSFLOW and ASME Flow Section Feedwater Exelon GeneratIon Company LLC Braidwood I & 2 Flow Measurement at Kewaunee Nuclear Power Plant Byron 1 & 2 FirstEnergy Nuclear Operating Co. (Proprietarv) (PA-SEE-0162)
Beaver Valley 1& 2 FPL Group St. Luce 1& 2 Seabrook As part of its regulatory oversight function, the Nuclear Regulatory Commission (NRC)
Turkey Point 3 & 4 Nuclear Management Co. has been reviewing ultrasonic flow measurement technologies. To this end, the NRC Kewaunee Palisades reviewer of the CROSSFLOW Ultrasonic Flow Measurement System (CROSSFLOW)
Point Beach 1 & 2 Prairie Island inquired whether Westinghouse Electric Company LLC (Westinghouse) could provide Omaha Pubilc Power District Fort Calhoun information regarding a comparison between feedwater flow measurements made using Pacific Gas & Electric Co.
Diablo Canyon 1& 2 CROSSFLOW and an ASME flow section installed at the Kewaunee Nuclear Power Progress Energy H. B. Robinson 2 Plant. The Westinghouse Owners Group - CROSSFLOW Task Force (WOG CTF) is Shearon Hams PSEG - Nuclear pleased to be able to voluntarily provide the NRC with this information. The subject Salem I & 2 South Carolina Electric &Gas Co. information is tabulated in Enclosure 1-P (Proprietary). Because of the large volume V. C. Summer Southern California Edison of data, the information is provided on a compact disk (CD).
SONGS 2 63 STP Nuclear Operating Co. Enclosure 2 contains:
South Texas Project 1 & 2 Southern Nuclear Operating Co.
J. M. Farley &62 A. W.Voge I &2 1. One (1) copy of the Application for Withholding, CAW-04-1907.
Tennessee Valley Authority Sequoyah 16 2 2. One (1) copy of Affidavit (Attachment to CAW-04-1907).
Watts Bar I TXU Power 3. Proprietary Information Notice.
Comrnanche Peak I & 2 Wolf Creek Nuclear Operating Corp.
Wolf Creek Enclosure I-P contains information proprietary to Westinghouse. This classification Intematfonal Members is supported by an affidavit signed by Westinghouse, the owner of the information.
Electrabel Doel 1.2.4 The affidavit sets forth the basis on which the information may be withheld from Tihange I &3 Electrichdt de France public disclosure by the Commission and addresses with specificity the considerations Kansal Electric Power Co.
Miharra I listed in paragraph (b)(4) of 10 CFR Section 2.390 of the Commission's regulations.
Takaharna I Ohi 1&2 Accordingly, it is respectfully requested that the information which is proprietary to Korea Hydro & Nuclear Power Co.
Kor 1-4 Westinghouse be withheld from public disclosure in accordance with 10 CFR Section Ulchin 3 & 4 Yonggwang 1- 5 2.390. Since all of the information, including the data on the CD is proprietary in its British Energy pic Sizewell B entirety, it is not practical to create a non-proprietary version of this submittal; NEK KrSko consequently, such is not provided herewith.
Spanish Utilities Asco 1 & 2 Vandellos 2 Alraraz1 & 2 Ringhals AB Ringhals 2 -4 Tahwan Power Co.
Maanshan I &2
U. S. Nuclear Regulatory Commission October 20, 2004 WOG-04-541 Page 2 of 2 Correspondence with respect to the Application for Withholding should reference CAW-04-1907 and should be addressed to:
J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC Box 355 Pittsburgh, Pennsylvania 15230-0355.
Correspondence related to the information transmitted herewith should be addressed to:
Mr. Gordon Bischoff, Project Manager Westinghouse Owners Group Westinghouse Electric Company (Mail Stop ECE 5-16)
P. 0. Box 355 Pittsburgh, PA 15230-0355 If you have questions regarding this submittal, feel free to contact Mr. Steve Lurie (Westinghouse) at 860-731-6241 or Mr. Steve DiTomnaso in the WOG Program Management Office at 412-374-5217.
Sincerely, Frederick P. "Ted" Schiffley, II, Chairman Westinghouse Owners Group xc: CROSSFLOW Task Force (w/o enclosures)
Management Committee (w/o enclosures)
Project Management Office (w/o enclosures)
I. Ahmed, NRC (w/enclosures)
G. C. Bischoff, Westinghouse (w/o enclosures)
C. B. Brinkman, Westinghouse (w/o enclosures)
G. F. Dick, NRC (w/o enclosures)
S. M. DiTommaso (w/o enclosures)
C. T. French, Westinghouse (w/o enclosures)
R. A. Gramm, NRC (w/o enclosures)
J. A. Gresham, Westinghouse (w/o enclosures)
E. A. Marinos, NRC (w/o enclosures)
J. J. McInerney, Westinghouse (w/o enclosures)
C. M. Molnar, Westinghouse (w/o enclosures)
G. S. Shukla, NRC, (w/o enclosures)
W. M. Turkowski, Westinghouse (w/o enclosures)
Enclosure 2 to WOG-04-541 Westinghouse Electric Company LLC Application for Withholding CAW-04-1907
Westinghouse Electric Company Nuclear Services Westin houseP.O. Box 355 WsPittsburgh, Pennsylvania 15230-0355 USA U.S. Nuclear Regulatory Commission Direct tel: 412/374-4643 ATTN: Document Control Desk Direct fax: 412/374-4011 One White Flint North e-mail: galembushjs@westinghouse.com 11555 Rockville Pike Rockville, Maryland 20852-2738 Project No.: 694 Our ref.: CAW-04-1907 20 October 2004 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
Comparison of CROSSFLOW and ASME Flow Section Feedwater Flow Measurement at Kewaunee Nuclear Power Plant (Proprietary)
Reference:
Letter, F. P. Schiffley, II (Westinghouse Owners Group) to USNRC Document Control Desk, "Comparison of CROSSFLOW and ASME Flow Section Feedwater Flow Measurement at Kewaunee Nuclear Power Plant (Proprietary)", WOG-04-54 1, October 20, 2004 The Application for Withholding is submitted by Westinghouse Electric Company LLC (Westinghouse), a Delaware limited liability company, pursuant to the provisions of paragraph (b)(1) of Section 2.390 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 Enclosure to the Reference letter. In conformance with 10 CFR Section 2.390, Affidavit CAW-04-1907accompanies 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 2.390 of the Commission's regulations.
Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW-04-1907 and should be addressed to the undersigned.
Very truly yours, Reg J.uaranager Regulatory Compliance and Plant Licensing
CAW-04-1907 AFFIDAVIT STATE OF CONNECTICUT:
ss: TOWN OF WINDSOR COUNTY OF HARTFORD:
Before me, the undersigned authority, personally appeared Ian C. Rickard, 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, 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:
Ian C.icard Project Licensing Manager Sworn to and subscribed before me this 20th day of October, 2004.
Li da A. Scata Notary Public My commission expires: May 31, 2008
CAW-04-1907 (1) I, I. C. Rickard, am the Project Licensing Manager, Regulatory Compliance and Plant Licensing, in Nuclear Services, Westinghouse Electric Company LLC ("Westinghouse"), a Delaware limited liability company 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 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 accompanying this Affidavit.
(3) I have personal knowledge of the criteria and procedures utilized by the Westinghouse 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 2.390 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 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 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.
CAW-04-1907 (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 2.390, 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 knowledge and belief.
(v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in the Enclosure for "Comparison of CROSSFLOW and ASME Flow Section Feedwater Flow Measurement at Kewaunee Nuclear Power Plant (Proprietary)," October 20, 2004, for submittal to the Commission, being transmitted by Westinghouse letter (WOG-04-541) and Application for Withholding Proprietary Information from Public Disclosure, to the NRC Document Control Desk.
The proprietary information as submitted for use by Westinghouse is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of the application of the CROSSFLOW Ultrasonic Flow Measurement System performance within its approved accuracy limit.
This information is part of that which will enable Westinghouse to:
(a) Validate CROSSFLOW Ultrasonic Flow Measurement System performance.
(b) Support licensees in implementing the CROSSFLOW Ultrasonic Flow Measurement System within its approved accuracy limit.
Further this information has substantial commercial value as follows:
(a) Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for licensing documentation.
(b) Westinghouse can sell support and defense of CROSSFLOW Ultrasonic Flow Measurement System performance within its approved accuracy limit.
(c) The information requested to be withheld reveals the distinguishing aspects of a methodology which was developed by Westinghouse.
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 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 for developing the enclosed improved core thermal performance methodology.
Further the deponent sayeth not.
CAW-04-1907 Proprietary Information Notice Transmitted herewith are proprietary and non-proprietary versions of documents furnished to the NRC in connection with requests for generic and/or plant-specific 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 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 2.390(b)(1).