L-2010-113, Turkey Point, Units 3 and 4 - License Amendment Request for Extended Power Uprate, Attachment 05; Westinghouse & Areva Affidavits for Attachment 4
| ML103560181 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 12/20/2010 |
| From: | AREVA NP, Westinghouse |
| To: | Office of Nuclear Reactor Regulation |
| References | |
| L-2010-113, CAW-10-2957, L-2010-299, LAR 205 | |
| Download: ML103560181 (12) | |
Text
Turkey Point Units 3 and 4L-2010-113Docket Nos. 50-250 and 50-251 Turkey Point Units 3 and 4 LICENSE AMENDMENT REQUEST FOR EXTENDED POWER UPRATEATTACHMENT 5Westinghouse & Areva Affidavits for Attachment 4This coversheet plus 11 pages 8 WestinghouseWestinghouse Electric CompanyNuclear ServicesP.O. Box355Pittsburgh, Pennsylvania 15230-0355USAU.S. Nuclear Regulatory CommissionDocument Control DeskWashington, DC 20555-0001Drecttel: (412)374-4643Direct fax: (412) 374-3846e-mail: greshaja(iwestinghouse.comProj letter: FPL-10-272CAW-1 0-2957September 20, 2010APPLICATION FOR WITHHOLDING PROPRIETARYINFORMATION FROM PUBLIC DISCLOSURE
Subject:
"Attachment 4 to Turkey Point Units 3 and 4 Extended Power Uprate License AmendmentRequest-Licensing Report" (Proprietar)The proprietary information for which withholding is being requested in the above-referenced report isfurther identified in Affdavit CA W 2957 signed by the owner of the proprietary information,Westinghouse Electric Company LLC. The affdavit, which accompanies this letter, sets forth the basison which the information may be withheld from public disclosure by the Commission and addresses withspecificity the considerations listed in paragraph (b)(4) of 10 CFR Section 2.390 of the Commission'sregulations.Accordingly, this letter authorizes the utilization of the accompanying affidavit by Florida Power andLight Company.Correspondence with respect to the proprietary aspects of the application for withholding or theWestinghouse affdavit should reference this letter, CA W-1 0-2957, and should be addressed toJ. A. Gresham, Manager, Regulatory Compliance and Plant Licensing, Westinghouse ElectricCompany LLC, P.O. Box 355, Pittsburgh, Pennsylvania 15230-0355.Very ruly yrrrs,i.. (LJ1~Vv--X A. Gresham, ManagerRegulatory Compliance and Plant LicensingEnclosures CAW-1O-2957AFFIDAVITCOMMONWEALTH OF PENNSYLVANIA:ssCOUNTY OF ALLEGHENY:Before me, the undersigned authority, personally appeared J. A. Gresham, who, being by me dulysworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf ofWestinghouse Electric Company LLC (Westinghouse), and that the averments of fact set forth in thisAffidavit are true and correct to the best of his knowledge, information, and belief:1rJ~¿/J. A. Gresham, ManagerRegulatory Compliance and Plant LicensingSworn to and subscribed before methis 20th day of September 2010/¿ 2..(;.", ..' (1~~_~c:/riv¿rtL. /; T' .Notarý Public, COMMONWEALTH OF PENNSYLVANIAI NOTARIAL SEALRenee Giampole, Notary Publici ;~enn Township, Westmoreland County"v,_CommISSion Expires September 25,2013 2CAW-1 0-2957(1) I am Manager, Regulatory Compliance and Plant Licensing, in Nuclear Services, WestinghouseElectric Company LLC (Westinghouse), and as such, I have been specifically delegated thefunction of reviewing the proprietary information sought to be withheld from public disclosure inconnection with nuclear power plant licensing and rule making proceedings, and am authorized toapply 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 theCommission's regulations and in conjunction with the Westinghouse Application for WithholdingProprietary Information from Public Disclosure accompanying this Affidavit.(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse in designatinginformation as a trade secret, privileged or as confidential commercial or financial information.(4) Pursuant to the provisions of paragraph (b X 4) of Section 2.390 of the Commission's regulations,the following is furnished for consideration by the Commission in determining whether theinformation 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 heldin confidence by Westinghouse.(ii) The information is of a type customarily held in confidence by Westinghouse and notcustomarily disclosed to the public. Westinghouse has a rational basis for determiningthe tyes 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 inconfidence. The application of that system and the substance of that system constitutesWestinghouse policy and provides the rational basis required.Under that system, information is held in confidence if it falls in one or more of severaltypes, the release of which might result in the loss of an existing or potential competitiveadvantage, 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 3CAW-l 0-2957Westinghouse's competitors without license from Westinghouse constitutes acompetitive economic advantage over other companies.(b) It consists of supporting data, including test data, relative to a process (orcomponent, structure, tool, method, etc.), the application of which data secures acompetitive economic advantage, e.g., by optimization or improvedmarketability.(c) Its use by a competitor would reduce his expenditure of resources or improve hiscompetitive position in the design, manufacture, shipment, installation, assuranceof quality, or licensing a similar product.(d) It reveals cost or price information, production capacities, budget levels, orcommercial strategies of Westinghouse, its customers or suppliers.(e) It reveals aspects of past, present, or future Westinghouse or customer fundeddevelopment 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 thefollowing:(a) The use of such information by Westinghouse gives Westinghouse a competitiveadvantage over its competitors. It is, therefore, withheld from disclosure toprotect the Westinghouse competitive position.(b) It is information that is marketable in many ways. The extent to which suchinformation is available to competitors diminishes the Westinghouse ability tosell products and services involving the use of the information.(c) Use by our competitor would put Westinghouse at a competitive disadvantage byreducing his expenditure of resources at our expense.
4CAW-1 0-2957(d) Each component of proprietary information pertinent to a particular competitiveadvantage is potentially as valuable as the total competitive advantage. Ifcompetitors acquire components of proprieta information, anyone componentmay be the key to the entire puzzle, thereby depriving Westinghouse of acompetitive advantage.(e) Unrestricted disclosure would jeopardize the position of prominence ofWestinghouse in the world market, and thereby give a market advantage to thecompetition of those countries.(f) The Westinghouse capacity to invest corporate assets in research anddevelopment depends upon the success in obtaining and maintaining acompetitive advantage.(iii) The information is being transmitted to the Commission in confidence and, under theprovisions of 10 CFR Section 2.390, it is to be received in confidence by theCommission.(iv) The information sought to be protected is not available in public sources or availableinformation has not been previously employed in the same original manner or method tothe best of our knowledge and belief.(v) The proprietary information sought to be withheld in this submittal is that which isappropriately marked in "Attachment 4 of Extended Power Uprate License AmendmentRequest-Licensing Report" (Proprieta), for submittal to the Commission, beingtransmitted by Florida Power and Light Company letter and Application for WithholdingProprietar Information from Public Disclosure, to the Document Control Desk. Theproprietary information as submitted for use by Westinghouse for Turkey Point Units 3and 4 is expected to be applicable for other licensee submittals in response to certainNRC requirements for extended power uprate submittals.
5CAW-10-2957This information is part of that which wil enable Westinghouse to:(a) Provide input to the Nuclear Regulatory Commission for review of the TurkeyPoint extended power uprate.(b) Provide results of customer specific calculations.(c) Provide licensing support for customer submittals.Further this information has substantial commercial value as follows:(a) Westinghouse plans to sell the use of the information to its customers forpurposes of meeting NRC requirements for licensing documentation associatedwith extended power uprates.(b) Westinghouse can sell support and defense of the technology to its customer inthe licensing process.(c) The information requested to be withheld reveals the distinguishing aspects of amethodology which was developed by Westinghouse.Public disclosure of this proprietary information is likely to cause substantial harm to thecompetitive position of Westinghouse because it would enhance the abilty ofcompetitors to provide similar information and licensing defense services for commercialpower reactors without commensurate expenses. Also, public disclosure of theinformation would enable others to use the information to meet NRC requirements forlicensing documentation without purchasing the right to use the information.The development of the technology described in part by the information is the result ofapplying the results of many years of experience in an intensive Westinghouse effort andthe expenditure of a considerable sum of money.
6CAW-lO-2957In order for competitors of Westinghouse to duplicate this information, similar technicalprograms would have to be performed and a significant manpower effort, having therequisite talent and experience, would have to be expended.Further the deponent sayeth not.
PROPRITARY INORMTION NOTICETransmitted herewith are proprietar and/or non-proprietary versions of documents furnished to the NRCin 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 theprotection of proprietar information so submitted to the NRC, the information which is proprietar in theproprietary versions is contained within brackets, and where the proprietar information has been deletedin the non-proprietary versions, only the brackets remain (the information that was contained within thebrackets in the proprieta versions having been deleted). The justification for claiming the informationso designated as proprietar 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 beingidentified as proprieta or in the margin opposite such information. These lower case letters refer to thetypes of information Westinghouse customarily holds in confidence identified in Sections (4)(ii)(a)through (4)(ii)(f) of the affdavit accompanying this transmittal pursuant to 10 CFR 2.390(b)(l).COPYRIGHT NOTICEThe reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted tomake the number of copies of the information contained in these reports which are necessar for itsinternal 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 2.390 regarding restrctions on publicdisclosure to the extent such information has been identified as proprieta by Westinghouse, copyrightprotection notwithstanding. With respect to the non-proprietary versions of these reports, the NRC ispermitted to make the number of copies beyond those necessar for its internal use which are necessary inorder to have one copy available for public viewing in the appropriate docket files in the public documentroom in Washington, DC and in local public document rooms as may be required by NRC regulations ifthe number of copies submitted is insuffcient for this purpose. Copies made by the NRC must includethe copyright notice in all instances and the proprietary notice if the original was identified as proprietary.
AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) ss. CITY OF LYNCHBURG ) 1. My name is Gayle F. Elliott. I am Manager, Product Licensing, for AREVA NP Inc. and as such I am authorized to execute this Affidavit. 2. I am familiar with the criteria applied by AREVA NP to determine whether certain AREVA NP information is proprietary. I am familiar with the policies established by AREVA NP to ensure the proper application of these criteria. 3. I am familiar with the AREVA NP information contained in Sections 2.2.2.4 and 2.8.4.1 of Turkey Point Units 3 and 4 Licensing Report, Docket Nos. 50-250 and 50-251, dated August 2010 and referred to herein as "Document." Information contained in this Document has been classified by AREVA NP as proprietary in accordance with the policies established by AREVA NP for the control and protection of proprietary and confidential information. 4. This Document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by AREVA NP and not made available to the public. Based on my experience, I am aware that other companies regard information of the kind contained in this Document as proprietary and confidential. 5. This Document has been made available to the U.S. Nuclear Regulatory Commission in confidence with the request that the information contained in this Document be withheld from public disclosure. The request for withholding of proprietary information is made in accordance with 10 CFR 2.390. The information for which withholding from disclosure is requested qualifies under 10 CFR 2.390(a)(4) "Trade secret and commercial or financial information. " 6. The following criteria are customarily applied by AREVA NP to determine whether information should be classified as proprietary: (a) The information reveals details of AREVA NP's research and development plans and programs or their results. (b) Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service. (c) The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for AREVA NP. (d) The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for AREVA NP in product optimization or marketability. (e) The information is vital to a competitive advantage held by AREVA NP, would be helpful to competitors to AREVA NP, and would likely cause substantial harm to the competitive position of AREVA NP. The information in the Document is considered proprietary for the reasons set forth in paragraphs 6(b), 6(c) and 6(e) above. 7. In accordance with AREVA NP's policies governing the protection and control of information, proprietary information contained in this Document have been made available, on a limited basis, to others outside AREVA NP only as required and under suitable agreement providing for nondisclosure and limited use of the information. 8. AREVA NP policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.
- 9. The foregoing statements are true and correct to the best of my knowledge, information, and belief. Sherry L. McFaden NOTARY PUBLIC, COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES: 10/31/10 Reg. # 7079129 SHERRY L. MCFADiN Notary Public Commonwealth of Vlrg,lnlo 70"129 I MV Commlllion Expire. Oct 31.2010