ML101250295
| ML101250295 | |
| Person / Time | |
|---|---|
| Site: | Watts Bar  |
| Issue date: | 04/30/2010 |
| From: | Bajestani M Tennessee Valley Authority |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| Download: ML101250295 (12) | |
Text
Tennessee Valley Authority, Post Office Box 2000, Spring City, TN 37381-2000 April 30, 2010 10 CFR 2.390 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D.C. 20555-0001 Watts Bar Nuclear Plant, Unit 2 NRC Docket No. 50-391
Subject:
WATTS BAR NUCLEAR PLANT (WBN) UNIT 2 - WESTINGHOUSE INFORMATION REQUEST FOR WITHHOLDING The purpose of this letter is to inform the Nuclear Regulatory Commission (NRC) that certain Westinghouse Factory Acceptance Test procedure pages were provided to the IRC that are requested to be withheld from public disclosure according to 10 CFR 2.390. Enclosure 1 contains the cover page to E21-CON-205 Revision 3, "Eagle 21 Process Protection System Factory Acceptance Test Procedure Configuration Test Reactor Coolant System Flow Channel" which included a total of 28 pages. Enclosure 2 includes one page of WNA-DS-01963-WBT, "Eagle 21 Factory Acceptance Test Specification excerpt." Enclosure 3 contains the Westinghouse Application for Withholding Proprietary Information from Public Disclosure CAW-10-2806, accompanying Affidavit, Proprietary Information Notice, and Copyright Notice.
Enclosure 1 and Enclosure 2 contain information that is proprietary to Westinghouse Electric Company LLC and is supported by affidavit signed by Westinghouse, owner of the information.
The affidavit sets forth the basis on which the information may be withheld from public disclosure by the Commission and addresses with specificity the considerations in 10 CFR 2.390(b)(4). Therefore, the information that is proprietary to Westinghouse is requested to be withheld from public disclosure in accordance with 10 CFR 2.390.
Correspondence with respect to this request and the supporting Westinghouse affidavit should reference CAW-10-2806 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.
Printed on recycled paper
U.S. Nuclear Regulatory Commission Page 2 April 30, 2010 provides the commitment made in this letter. If you have any questions, please contact me at (423) 365-2351.
Sincerely, Masoud B 'e ani Watts Bar it 2 Vice President
Enclosure:
- 1. E21-CON-205 Revision 3, "Eagle 21 Process Protection System Factory Acceptance Test Procedure Configuration Test Reactor Coolant System Flow Channel" Cover Page
- 2. WNA-DS-01963-WBT, "Eagle 21 Factory Acceptance Test Specification excerpt"
- 3. Westinghouse Application for Withholding Proprietary Information from Public Disclosure CAW-10-2806, accompanying Affidavit, Proprietary Information Notice, and Copyright Notice.
- 4. List of commitments.
cc (w/o Enclosures 1, 2, and 3):
U. S. Nuclear Regulatory Commission Region II Marquis One Tower 245 Peachtree Center Ave., NE Suite 1200 Atlanta, Georgia 30303-1257 NRC Resident Inspector Unit 2 Watts Bar Nuclear Plant 1260 Nuclear Plant Road Spring City, Tennessee 37381
Enclosure 3 Westinghouse Application for Withholding Proprietary Information from Public Disclosure CAW-1 0-2806, accompanying Affidavit, Proprietary Information Notice, and Copyright Notice
WESTINGHOUSE PROPRIETARY CLASS 2 Westinghouse Electric Company O Westinghouse Nuclear Services P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355 USA Mr. Larry Bond WBT-D-1866 Tennessee Valley Authority Date: April 27, 2010 Watts Bar Nuclear Plant Response Required: No P 0 Box 2000 Spring City, TN 37381 Ref Contract No: 65717 In Response To: N/A CWA: WEST-WBT-2008-019 WBS: 3.1 P3 Activity # N/A Originator: Chris Morgan TENNESSEE VALLEY AUTHORITY WATTS BAR NUCLEAR PLANT UNIT 2 Customer Affidavit for Withholding for Eagle 21 FAT Documentation
Dear Mr. Bond:
Please find attached:
~Duc-unienftae ~ .Documreiitv # ~~ Sheet Rev ~F'Re ýNamue.
Application For Withholding Proprietary CAW-10-2806 N/A N/A CAW-10-2806.pdf Information From Public Disclosure Eagle 21 Factory Acceptance Test Specification WNA-DS-01963-WBT 0 Pages from WNA-DS-excerpt" (Proprietary) (excerpt) 01963-WBT.pdf Eagle 21 Process Protection System Factory E21 -CON-205 N/A 3 E21 -CON-205.pdf Acceptance Test Procedure Configuration Test Reactor Coolant System Flow Channel" (Proprietary)
The attached information can be used by TVA for submittal of Westinghouse proprietary information related to the attached Eagle 21 Factory Acceptance Test documents. The following information is provided for your use in preparing the NRC submittal.
" Westinghouse letter "Application for Withholding Proprietary Information from Public Disclosure" (CAW-] 0-2806) with Affidavit CAW- 10-2806
" Proprietary Information Notice to be attached to your NRC transmittal letter (included in CAW attachment)
- Copyright Notice to be attached to your NRC transmittal letter (included in CAW attachment)
This ProprietaryClass 2 document may be provided to Bechtel in accordancewith the Westinghouse-Bechtel ProprietaryInformation Agreement ddted February 29, 2008.
The documents listed in the table above are available in the project eRoom. In accordance with the contract, no review is required or requested.
If you have any questions regarding this letter, please contact me at 412-374-6515 or Chris Morgan at 412-374-5354.
Very truly yours, G. A. Gisoni Vice President and Project Director cc: Frank Koontz Mike Easter Andy Drake Mark Marscher Greg Gisoni Jack Moseley John Merkovsky Gerald Hemmer
©2010 Westinghouse Electric Company LLC, Ali Rights Reserved This document is the property of and contains ProprietaryInformation owned by Westinghouse Electric Company LLC and/or its subcontractorsand suppliers. It is transmittedto you in confidence and trust, and you agree to treat this document in strict accordance with the terms and conditions of the agreement under which it was provided to you.
Template Revised 4/26/2010
W estng-h useWestinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355 USA U.S. Nuclear Regulatory Commission Direct tel: (412) 374-4643 Document Control Desk Direct fax: (412) 374-3846 Washington, DC 20555-0001 e-mail: greshaja@westinghouse.com Proj letter CAW-10-2806 April 26, 2010 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
WNA-DS-01963-W-BT, "Eagle 21 Factory Acceptance Test Specification excerpt" (Proprietary) and E21-CON-205 Revision 3, "Eagle 21 Process Protection System Factory Acceptance Test Procedure Configuration Test Reactor Coolant System Flow Channel" (Proprietary)
The proprietary information for which withholding is being requested in the above-referenced report is further identified in Affidavit CAW-10-2806 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) ofl0 CFR-Section 2.390 of the Commission's regulations.
The subject document was prepared and classified as Westinghouse Proprietary Class 2. Westinghouse requests'that thedocument be considered proprietary in its entirety. As such, a non-proprietary version will not be issued.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by Tennessee Valley Authority.
Correspondence with respect to the proprietary aspects of the application, for withholding or the Westinghouse affidavit should reference this letter, CAW-10-2806 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.
Very truly yo J. A. Gresham, Manager Regulatory Compliance and Plant Licensing, Enclosures
CAW-10-2806 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appearedJ. 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 averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
.I.A.Gresham, Manager Regulatory Compliance and Plant Licensing Sworn to and subscribed before me this ,1l' day of Ara+/-". 2010 Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Elaine M.DIGimlamo, Notary Public Harson Twp., Ailegheny County My CammLsslon Expires Dec, 16 2013 Member, Pennsylvania at Notre
2 CAW- 10-2806 (1) 1 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 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 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-tothe 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 whetheruto 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
3 CAW- 10-2806 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 patentprotection 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- 10-2806 (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 2.390; 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 WNA-DS-01963-WWBT, "Eagle 21 Factory Acceptance Test Specification" (Proprietary), dated February 2010 and E2 1-CON-205 Revision 3, "Eagle
.21 Process Protection System Factory Acceptance Test Procedure Configuration Test
-Reactor Coolant System Flow Channel" dated February 2010, for submittal to the
- Commission,-being transmitted by Tennessee Valley Authority 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 factory acceptance testing of Eagle 21 system for Watts Bar Unit 2, and may be used only for that purpose.
This information is part of that which will enable Westinghouse to:
5 CAW- 10-2806 (a) Assist the customer in providing requested technical information to the NRC that is required for approval of the Eagle 21 Process Protection System.
Further this information has substantial commercial value as follows:
(a) Its use by a competitor would improve his competitive position in the design and licensing of a similar product.
(b) 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 specifications, procedures, or 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.
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 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 versionsby 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).
COPYRIGHT NOTICE The reports 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, permit, order, or regulation subject to the requirements of 10 CFR 2.3 90 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection notwithstanding. With respect tolthe 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.
Enclosure 4 List of Commitments
- 1. TVA will provide nonproprietary versions of the enclosed proprietary documents by August 26, 2010.