ML14191A348
| ML14191A348 | |
| Person / Time | |
|---|---|
| Site: | Robinson  |
| Issue date: | 07/01/1988 |
| From: | Wiesemann R Westinghouse, Div of CBS Corp |
| To: | Murley T Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML14191A345 | List: |
| References | |
| CAW-88-069, CAW-88-69, NUDOCS 8808080076 | |
| Download: ML14191A348 (9) | |
Text
July 1, 1988 Westinghouse Power Systems Nuclear Technology Electric Corporation Systems Division Box 355 Pittsburgh Pennsylvania 15230-03b5 CAW-88-069 Dr. Thomas Murley, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSUQE
Subject:
RTD Bypass Elimination Licensing Report for H. B. Robinson Unit 2
Dear Dr. Murley:
The proprietary information for which withholding is being requested in the enclosed letter by Carolina Power and Light is further identified in an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation. 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 10CFR Section 2.790 of the Commission's regulations.
The proprietary material for which withholding is being required is of the same technical type as that proprietary material previously submitted as Affidavit AW-76-060.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by Carolina Power and Light.
I Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-88-069, and should be addressed to the undersigned.
Very truly yours, 6Robe t A. Wiesemann, Manager egulatory & Legislative Affairs Enclosures cc: E. C. Shomaker, Esq.
Office of the General Counsel, NRC 880808076 880726 PDR ADOCK 05000261 P
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 10CFR2.790 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 THEPROPRIETARY 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)
THROUGH (g)
CONTAINED WITHIN PARENTHESES 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)(g) OF THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).
AW-76-60 AFFIDAVIT COM1MONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Robert A. Wiesemann, who, being by me duly sworn according.to law, de poses and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation ("Westinghouse") and that the aver ments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
Robert A. Wiesemann, Manager Licensing Programs Sworn to and subscribed before me this-'
day of x
1976.
Notary* Public...
A-76-60 (1) I am Manager, Licensing Programs, in the Pressurized Water Reactor Systems Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public dis closure in connection with nuclear power plant licensing or rule making proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Water Reactor Divisions.
(2)
I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.790 of the Commission's regulations and in con junction with the Westinghouse application for withholding ac companying this Affidavit.
(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Energy Systems 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 2.790 of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the in formation 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.
AW-76-60 (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 ap plication 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 typeq, the release of which might result in the loss of an existing or potential com petitive 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 (oir component, structure, tool, method, etc.), the application of which data secures a competitive economic-advantage, e.g., by optimization or improved marketability.
AW-76-60 (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 cap acities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
(e) It reveals aspects of past, present, or future West inghouse or customer funded development plans and pro garams of potential commercial. value to Westinghouse.
(f)
It contains patentable ideas, for which patent pro tection 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 com petitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
AW-76-60 (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 of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competi.tive advantage. If competitors acquire components of proprietary infor mation, 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 in 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.
AW-76-60 iii)
The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR 2.790, it is to be received in confidence by the Commission.
(iv) The information is not available in public sources to the best of our knowledge and belief.
(v) The proprietary information sought to be withheld in this sub mittal is that which is appropriately marked in the attach ment to Westinghouse letter number NS-CE-1298, Eicheldinger to Stolz, dated December 1, 1976, concerning information relating to RCW review of WC^.AP-8567-P and U(AP-8$8 entitled. "Improved Thermal Design Procedure," defining the sensitivity of DNB ratio to various core parameters. The letter and attachment are being submitted in response to the NRC request at the October 29, 1976 NRC/Westinghouse meeting.
This information enables Westinghouse to:
(a) Justify the Westinghouse design.
(b) Assist its customers to obtain licenses.
(c) Meet warranties.
(d) Provide greater operational flexibility to customers assuring them of safe and reliable operation.
(e) Justify increased power capability or operating margin for plants while assuring safe and reliable operation.
AW-76-60 (f) Optimize reactor design and performance while maintaining a high level of fuel integrity.
Further, the information gained from the improved thermal design procedure is of significant commercial value as follows:
(a) Westinghouse uses the information to perform and justify analyses which are sold to customers.
(b) Westinghouse sells analysis services based upon the experience gained and the methods developed.
Public disclosure of this information concerning design pro cedures is likely to cause substantial harm to the competitive position of Westinghouse because competitors could utilize this information to assess and justify their own designs without commensurate expense.
The parametric analyses performed and their evaluation represent a considerable amount of highly qualified development effort.
This work was contingent upon a design method development pro gram which has been underway during the past two years.
Altogether, a substantial amount of money and effort has been expended by Westinghouse which could only be duplicated by a competitor if he were to invest similar sums of money and pro vided he had the appropriate talent available.
Further the deponent sayeth not.