ML13326A832
| ML13326A832 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 11/18/1991 |
| From: | Kalman G Office of Nuclear Reactor Regulation |
| To: | Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| References | |
| NUDOCS 9112060300 | |
| Download: ML13326A832 (6) | |
Text
- e SR EG oUNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 November 18, 1991 Docket No. 50-206 Mr. R. P. DiPiazza, Manager Operating Plant Licensing Support Westinghouse Electric Corporation P. 0. Box 355 Pittsburgh, Pennsylvania 15230-0355
Dear Mr. DiPiazza:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By your application dated July 2, 1991 (CAW 91-183), you submitted Additional Engineering Evaluations for the'SONGS-1 Thermal Shield Lower Support Replace ment Design (WCAP-12981) and requested that it be withheld from public dis closure pursuant to 10 CFR 2.790.
You stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(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. Westing house 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.
CF E ENERCOPY 9112060300 911116 PDR ADOCK 05000206 P
PDR_
Mr. R. P. DiPiazza
- 2 (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.
(g) It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agreements with the owner.
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 or proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire com ponents 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.
!x. R. P. DiPiazza
- 3 iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.790, 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 "Additional Engineering Evaluations for the SONGS-1 Thermal Shield Lower Support Replacement Design," WCAP-12981 (Proprietary), July 1991, for San Onofre Nuclear Generating Station Unit 1, being transmitted by the Southern California Edison Company (SCE) letter and Application for With holoing Proprietary Information from Public Disclosure, F. Nandy, SCE, to the Document Control Desk, Attention George Kalman (NRC).
The proprietary information as submitted for use by Southern California Edison Company for San Onofre Unit 1 is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of reactor vessel internals integrity.
This information enables Westinghouse to:
(a) Provice dcurentatioN of analytical evaluations of the as-found condition of the thermal shield support system at San Onofre Unit 1.
(b) Provide a comparison of the analytical evaluation of the thermal shield degradation with the as-found condition of the thermal shield support system.
(c) Demonstrate the structural integrity of the core barrel, thermal shield and thermal shield support system.
(d) Demonstrate no adverse impact on plant operation due to replace ment of the thermal shield support system.
(e) Assist customer to obtain NRC approval.
Further this information has substantial commercial value as follows:
(a) Westinghouse plans to sell the use of similar information to its customers for plant upgrades with appropriate licensing documen tation.
(b) Westinghouse can sell support and defense of the technology to customers in the license process.
Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because
Mr. R. P. DiPiazza
-4 it would enhance the ability of competitors to provide similar analytical documentation 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 informa tion, 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 analytical methods and performing sensitivity studies.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Westinghouse's statements, have determined the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, the version of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.
Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our consultants working this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.
If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You should also understand that the NRC may have cause to review this determination in the future, for example if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, Original signed by George Kalman, Senior Project Manager Project Directorate V Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation cc:
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11/t5 /91 11/4/91 1/19/91 11/!/91 Document Name: WITHHOLD3
Mr. R. P. DiPiazza
- 4 it would enhance the ability of competitors to provide similar analytical documentation 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 informa tion, 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 analytical methods and performing sensitivity studies.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Westinghouse's statements, have determined the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, the version of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.
Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our consultants working this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.
If the basis for withholding this information from public inspection should change in the future such that the infornmdtio could then be made available for public inspection, you should promptly notify the NRC. You should also understand that the NRC may have cause to review this determination in the future, for example if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, George Kalman, Senior Project Manager Project Directorate V Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation cc:
See next page
Mr. Harold B. Ray San Onofre Nuclear Generating Southern California Edison Company Station, Unit No. 1 cc:
Mr. Phil Johnson Mr. Richard J. Kosiba, Project Manager U.S. Nuclear Regulatory Commission Bechtel Power Corporation Region V 12440 E. Imperial Highway 1450 Maria Lane, Suite 210 Norwalk, California 90650 Walnut Creek, California 94596 Mr. Robert G. Lacy Manager, Nuclear Department San Diego Gas & Electric Company P. 0. Box 1831 San Diego, California 92112 Resident Inspector/San Onofre NPS c/o U.S. Nuclear Regulatory Ccmmission P. 0. Box 4329 San Clemente, California 92674 Mayor City of San Clemente 100 Avenida Presidio San Clemente, California 92672 Chairman, Board of Supervisors County of San Diego 1600 Pacific Highway, Room 335 San Diego, California 92101 Regional Administrator, Region V U.S. Nuclear Regulatory Commission 145C Maria Lane, Suite 210 Wainut Creek. California 94596 Mr. John Hickman Senior Health Physicist Environmental Radioactive Mgnit. Unit Environmental Management Branch State Department of Health Services 714 P Street, Room 616 Sacramento, California 95814 Mr. Don J. Womeldorf Chief, Environmental Management Branch California Department of Health Services 714 P Street, Room 616 Sacramento, California 95814