ML072000402

Attachment 6, Millstone Power Station Unit 3, License Amendment Request, Stretch Power Uprate, Application for Withholding Proprietary Information from Public Disclosure

ML072000402
Person / Time
Site:	Millstone
Issue date:	06/25/2007
From:	Gresham J Westinghouse
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
07-0450, CAW-07-2296, NEU-07-128P
Download: ML072000402 (9)

Text

Serial No. 07-0450 Docket No. 50-423 ATTACHMENT 6 LICENSE AMENDMENT REQUEST STRETCH POWER UPRATE APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE DOMINION NUCLEAR CONNECTICUT, INC.

.westinghOUSe Westinghouse Electric Company Nuclear Services P.O. Box355 Pittsburgh, Pennsylvania 15230-0355 USA U.S. Nuclear Regulatory Commission Direct tel: (412) 374-4643 Document Control Desk Directfax: (412) 374-4011 Washington, DC 20555-0001 e-mail: greshaja@westinghouse.com Our ref: CA W-07-2296 June 25, 2007 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMAnON FROM PUBLIC DISCLOSURE

Subject:

NEU-07-128 P-Attachment, "Millstone Nuclear Power Station Unit 3 Stretch Power Uprate Program Supplemental Infonnation," dated June 25, 2007 (Proprietmy)

The proprietaty infomlation for which withholding is being requested in the above-referenced report is further identified in Affidavit CAW-07-2296 signed by the owner of the proprietaly infonnation, Westinghouse Electric Company LLC. The affidavit, which accompanies this letter, sets forth the basis on which the infolll1ation may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4)of 10 CPR Section 2.390 of the Commission's regulations.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Dominion Nuclear Connecticut.

Correspondence with respect to the proprietaty aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-07-2296 and should be addressed to J. A.

Gresham, Manager, Regulatory Compliance and Plant Licensing, Westinghouse Electric Company LLC, P.O. Box 355, Pittsburgh, Pennsylvania 15230-0355.

J. A. Gresham, Manager RegulatOIy Compliance and Plant Licensing JOll Thompson (NRC 0-7EIA)

CAW-07*2296 bee: J. A. Gresham (ECE4-7A) lL R. Bastien, 1L (Nivelles, Belgium)

C. Brinkman, IL (Westinghouse Electric Co., 12300 Twinbrook Parkway, Suite 330, Rockville, MD 20852)

RCPL Administrative Aide (EeE 4-7A) (letter and affidavit only)

CAW-07-2296 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared J. A. Gresham, 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 avennents offact set fOlth in this Affidavit are true and correct to the best of his knowledge, infonnation, and belief:

J. A. Gresham, Manager RegulatOlY Compliance and Plant Licensing Sworn to and subscribed before me this 25 th day of June, 2007

~eY~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sharon L. Markle, Notary Public Monroeville Bora, AlleghenyCounly My Commission Expires Jan. 29, 2011 Member, Pennsylvania Association of Notaries

2 CAW-07-2296 (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 Westinghouse.

(2) I am making this Affidavit in confonnance 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 Westinghollse in designating information as a trade secret, privileged or as confidential commercial or financial infolmation.

(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 infonnation sought to be withheld from public disclosure should be withheld.

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

(ij) The information is of a type cllstomarily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for deternlining the types of infonnation customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold celtain types of infol1llation 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

3 CAW-07-2296 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 prodi.lct.

(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 infonnation 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-07-2296 (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, anyone 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 cmmtries.

(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 infonnation 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 attachment to letter NEU-07-128 P-Attachment, "Millstone Nuclear Power Station Unit 3 Stretch Power Uprate Program Supplementallnfonnation,"

dated June 25, 2007 (Proprietary) for submittal to the Commission, being transmitted by Dominion Nuclear Connecticut 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 Dominion Nuclear Connecticut's request for NRC approval of the Millstone Unit 3 Stretch Power Uprating.

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

(a) Obtain NRC approval of Stretch Power Uprating (SPU).

(b) Respond to NRC Requests for Additional Information in support of the SPU.

5 CAW-07-2296 Further this information has substantial commercial value as follows:

(a) Westinghouse plans to sell the use ofthis information to its customers for purposes of licensing upratings.

(b) Westinghouse can sell suPPOtt and defense of the use of this model for licensing PlU"jJoses.

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

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

The development of the technology described in part by the information is the result of applying the results ofmm1Y years of experience in an intensive Westinghouse effmi and the expenditure of a considerable sum of money.

In order for competitors of Westinghouse to duplicate this infol111atiolJ, similar technical programs would have to be perfonned and a significant manpower effort, having the requisite talent and experience, would have to be expended.

Further the deponent sayeth not.

CAW-07-2296 Proprietary Information Notice Transmitted herewith are proprietary and/or 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 CPR 2.390 of the Commission's regulations concerning the protection of proprietary information so submitted to the NRC, the infOlmation which is proprietary in the proprietary versions is contained within brackets, and where the proprietary infonnatioll 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) tlu'ough (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 CPR 2.390(b)(1).

Copyright Notice The repOlts transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copies of the information contained in these reports which are necessary for its internal 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, pennit, 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 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.