ML111790040

Westinghouse Electric Company Affidavit Supporting Withholding, Attachment 6 to Braidwood Station, Units 1 & 2, Byron Station, Unit 1 & 2, Request for License Amendment Regarding Measurement Uncertainty Recapture (Mur) Power Uprate

ML111790040
Person / Time
Site:	Byron, Braidwood, 05200003
Issue date:	04/12/2011
From:	Gresham J Westinghouse
To:	Document Control Desk, Office of Nuclear Reactor Regulation
Shared Package
ML111790026	List: ML111790031 ML111790032 ML111790033 ML111790035 ML111790037 ML111790038 ML111790040 ML111790042 ML111790043 ML111790058 RS-11-099, Request for License Amendment Regarding Measurement Uncertainty Recapture (Mur) Power Uprate
References
CAE-11-MUR-44, CAW-11-3137
Download: ML111790040 (7)

Text

ATTACHMENT 6 Westinghouse Electric Company Affidavit Supporting Withholding

Westinghouse Westinghouse Electric Company Nuclear Services 1000 Westinghouse Drive Cranberry Township, Pennsylvania 16066 USA U.S. Nuclear Regulatory Commission Direct tee (412) 374-4643 Document Control Desk Direct fax: (724) 720-0754 11555 Rockville Pike e-mail: greshaja@westinghouse.com Rockville, MD 20852 Proj letter: CAE-l 1-MUR-44 CAW-11-3137 April 12, 2011 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

"Regulatory Issue Summary - - Byron Stations Units I and 2 and Braidwood Stations Units I and 2 Measurement Uncertainty Recapture Power tJprate Program -- Westinghouse Section I11." dated April 2011 (Proprietary)

The proprietary information for which withholding is being requested in the above-referenced report is further identified in Affidavit CAW-11-3137 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 2.390 of the Commission's regulations.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by E.xelon Nuclear.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-1 1-3137, and should be addressed to J. A. Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company LLC, Suite 428, 1000 Westinghouse Drive, Cranberry Township, Pennsylvania 16066.

Very truly yours.

J. A. Gresham, Manager Regulatory Compliance Enclosures

CAW-11-3137 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

5s COUNTY OF BUTLER:

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 averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

J. A. Gresham, Manager Regulatory Compliance Sworn to and subscribed before me this 12th day of April 2011 COMMONWEALTH OF, PENNSYLVANIA Notarial Seal Cynthia Olesky, Notary Public Manor Horn, Westrnom^and county My Comurtiss$on txplres Juty 16, 2014 Member. Pennsvtvanja Association of Notaries

2 CAW-l 1-3137 (1) I am Manager, Regulatory Compliance, 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) 1 am making this Affidavit in conformance with the, provisions of 10 CF'R 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 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.

3 CAW-1 1-3137 (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.

(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

4 CAW-] 1-3137 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.

(t) 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) 'rhe 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 "Regulatory Issue Summary - Byron Stations Units I and 2 and Braidwood Stations Units I and 2 Measurement Uncertainty Recapture Power Uprate Program - Westinghouse Section III" (Proprietary) for submittal to the Commission, being transmitted by Exelon Nuclear 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 Byron/Braidwood Units I & 2 for Regulatory Issue Summary - Byron Stations Units I and 2 and Braidwood Stations Units I and 2 Measurement Uncertainty Recapture Power Uprate Program -

Westinghouse Section III, and may be used only for that purpose.

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

Assist the customer in obtaining NRC review of the Byron Stations Units I and 2 and Braidwood Stations Units I and 2 Measurement Uncertainty Recapture Power Uprate Program.

5 CAW-11-3137 (b) Provide results for 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 this information to its customers for the purpose of meeting NRC requirements for licensing documentation associated with measurement uncertainty recapture power uprate.

(b) Westinghouse can sell support and defense of the technology to its customer in the licensing process.

(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 calculations 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.