Text

Request for Withholding Proprietary Information from Public Disclosure
	ML15324A044
Person / Time
Site:	Surry
Issue date:	11/12/2015
From:	Clark G; Virginia Electric & Power Co (VEPCO)
To:	; Document Control Desk, Office of Nuclear Reactor Regulation
Shared Package
ML15324A032	List: ML15324A044;
References
	15-524, CAW-15-4279
	Download: ML15324A044 (11)
	v • d • e

VIRGINIA ELECTRIC AND POWER COMPANY RICHMOND, VIRGINIA 23261 PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CFR 2.390 November 12, 2015 U. S. Nuclear Regulatory Commission Serial No.: 15-524 Attention: Document Control Desk NL&OS/DEA: R0 Washington, DC 20555-0001 Docket Nos.: 50-280/281 License Nos.: DPR-32/37 VIRGINIA ELECTRIC AND POWER COMPANY SURRY POWER STATION UNITS 1 AND 2 REQUEST FOR WlTHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE By letter dated February 28, 2006 (Serial No.06-174)(ADAMS Accession No. ML060600281) Dominion submitted the Annual Steam Generator Inservice Inspection Summary Report for Surry Power Station Units 1 and 2. A Westinghouse Proprietary Class 2 schematic was included as Attachment 2, Page 23. Attachment 2, Page 23 of letter Serial No.06-174 is provided as Enclosure 1. The subject document was prepared and classified as Westinghouse Proprietary Class 2. Westinghouse requests that the document be considered proprietary in its entirety. As such, a non-proprietary version will not be issued.

Provided as Enclosure 2 is the Westinghouse Application for Withholding Proprietary Information from Public Disclosure CAW-15-4279, accompanying Affidavit, Proprietary Information Notice, and Copyright Notice for Enclosure 1.

As Enclosure 1 contains information proprietary to Westinghouse Electric Company LLC, it is supported by an Affidavit signed by Westinghouse, the 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 listed in paragraph (b)(4) of Section 2.390 of the Commission's regulations.

Accordingly, it is respectfully requested that the information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10 CFR Section 2.390 of the Commission's regulations.

ENCLOSURE 1 CONTAINS INFORMATION THAT IS BEING WITHHELD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390.

UPON SEPARATION THIS PAGE IS DECONTROLLED

Serial No.15-524 Docket Nos.: 50-280/281 Page 2 of 3 PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CFR 2.390 Correspondence with respect to the copyright or proprietary aspects of the item listed above or the supporting Westinghouse Affidavit should reference CAW-15-4279 and should be addressed to James A. Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company, 1000 Westinghouse Drive, Building 3 Suite 310, Cranberry Township, Pennsylvania 16066.

Should you have any questions or require additional information, please contact Ms. Diane E. Aitken at (804) 273-2694.

RespecffulIly, Gianna C. Clark Vice President - Nuclear Support Services Virginia Electric and Power Company

Enclosures:

1. Letter Serial No.06-174, Attachment 2, Page 23

2. Westinghouse Application for Withholding Proprietary Information from Public Disclosure CAW-1 5-4279, accompanying Affidavit, Proprietary Information Notice, and Copyright Notice for Enclosure 1 Commitments contained in this letter: None ENCLOSURE 1 CONTAINS INFORMATION THAT IS BEING WITHHELD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390.

UPON SEPARATION THIS PAGE IS DECONTROLLED

Serial No.15-524 Docket Nos.: 50-280/281 Page 3 of 3 PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CFR 2.390 cc: U.S. Nuclear Regulatory Commission - Region II Marquis One Tower 245 Peachtree Center Avenue, NE Suite 1200 Atlanta, GA 30303-1257 Ms. Karen Cotton Gross NRC Project Manager - Surry U.S. Nuclear Regulatory Commission One White Flint North Mail Stop 08 G-9A 11555 Rockville Pike Rockville, MD 20852-2738 Dr. V. Sreenivas NRC Project Manager- NAPS U.S. Nuclear Regulatory Commission One White Flint North Mail Stop 08 G-9A 11555 Rockville Pike Rockville, MD 20852-2738 NRC Senior Resident Inspector Surry Power Station ENCLOSURE 1 CONTAINS INFORMATION THAT IS BEING WITHHELD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390.

UPON SEPARATION THIS PAGE IS DECONTROLLED

Serial No.15-524 Docket Nos.: 50-280/281 Page 1 of 8 PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CFR 2.390 ENCLOSURE 2 Westinghouse Application for Withholding Proprietary Information from Public Disclosure CAW-1 5-4279, accompanying Affidavit, Proprietary Information Notice, and Copyright Notice Virginia Electric and Power Company (Dominion)

Surry Power Station Units 1 and 2 ENCLOSURE 1 CONTAINS INFORMATION THAT IS BEING WITHHELD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390.

UPON SEPARATION THIS PAGE IS DECONTROLLED

0

@ Weting~useWestinghouse Electric Company 1000 Westinghouse Drive Cranberry Township, Pennsylvania 16066 PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CFR 2.390 U.S. Nuclear Regulatory Commission Direct tel: (412) 374-4643 Document Control Desk Direct fax: (724) 940-8560 11555 Rockville Pike e-mail: greshaj a @westinghouse.comn Rockville, MD 20852 CAW-1 5-4279 September 29, 2015 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE Subjecti Submittal of Virginia Electric and Power Company (Dominion) Letter Serial No.06-174, dated February 28, 2006, page marked "Attachment 2, Page 23 of 23" (Proprietary)

The Application for Withholding Proprietary Information from Public Disclosure is submitted by Westinghouse Electric Company LLC (Westinghouse),.pursuant to the provisions of paragraph (b)(1) of Section 2.390 of the Commission's regulations. It contains commercial strategic information proprietary to Westinghouse and customarily held in confidence.

The proprietary information for which withholding is being requested in the above-referenced report is further identified in Affidavit CAW- 15-4279 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 Dominion Generation.

Correspondence with respect to the proprietary aspects of the Application for Withholding or the Westinghouse Affidavit should reference CAW-15-4279, and should be addressed to James A. Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company, 1000 Westinghouse Drive, Building 3 Suite 310, Cranberry Township, Pennsylvania 16066.

aJmes A. Gresham, Manager Regulatory Compliance ENCLOSURE 1 CONTAINS INFORMATION THAT IS BEING WITHHELD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390.

UPON SEPARATION THIS PAGE IS DECONTROLLED

PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CFR 2.390 CAW- 15-4279 September 29, 2015 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

SS COUNTY OF BUTLER:

I, James A. Gresham, am 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 my knowledge, information, and belief.

"Jaes A. Gresham, Manager Regulatory Compliance ENCLOSURE 1 CONTAINS INFORMATION THAT IS BEING WITHHELD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390.

UPON SEPARATION THIS PAGE IS DECONTROLLED

2 CAW- 15-4279 PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CFR 2.390 (1) I am Manager, Regulatory Compliance, 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 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 constitute Westinghouse policy and provide 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 distinguisthing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of ENCLOSURE 1 CONTAINS INFORMATION THAT IS BEING WITHHELD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390.

UPON SEPARATION THIS PAGE IS DECONTROLLED

3 CAW- 15-4279 PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CFR 2.390 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 patent protection may be desirable.

(iii) 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.

ENCLOSURE 1 CONTAINS INFORMATION THAT IS BEING WITHHELD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390.

UPON SEPARATION THIS PAGE IS DECONTROLLED

4 CAW-1 5-4279 PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CFR 2.390 (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.

(iv) The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.390, is to be received in confidence by the Commission.

(v) .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 ourknowledge and belief.

(vi) The proprietary information sought to be withheld in this submittal is that which is contained in the Dominion Generation Letter Serial No.06-174, page marked "Attachment 2, Page 23 of 23" (Proprietary) for submittal to the Commission. The proprietary information as submitted by Westinghouse/Dominion is that associated with Surry Power Station Units 1 and 2 Annual Steam Generator Inservice Inspection Summary Report, and may be used only for that purpose.

(a) This information is part of that which will enable Westinghouse to OEM services to our customers.

(b) Further this information has substantial commercial value as follows:

ENCLOSURE 1 CONTAINS INFORMATION THAT IS BEING WITHHELD FROM PUBLIC DISCLOSURE UNDER 1,0 CFR 2.390.

UPON SEPARATION THIS PAGE IS DECONTROLLED

5 CAW-15-4279 PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CER 2.390 (i) Westinghouse can sell support and defense of industry guidelines and acceptance criteria for plant-specific applications.

(ii) 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 technical evaluation justifications 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.

ENCLOSURE 1 CONTAINS INFORMATION THAT IS BEING WITHHELD FROM PUBLIC DISCLOSURE UNDER 10 CFR 2.390.

UPON SEPARATION THIS PAGE IS DECONTROLLED

PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CFR 2.390 PROPRIETARY INFORMATION NOTICE Transmitted herewith is the proprietary version of a document furnished to the NRC in connection with requests for generic and/or plant-specific review and approval. The document is to be considered proprietary in its entirety.

COPYRIGHT NOTICE The report transmitted herewith bears a Westinghouse copyright notice. The NRC is permitted to make the number of copies of the information contained in .thisreport which is necessary for its internal use in connection with generic and plant-specific rev~iews 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 GFR 2.3 90 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection notwithstanding. Copies made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.