ML16341E906
| ML16341E906 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 12/05/1988 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML16341E905 | List: |
| References | |
| CAW-88-099, CAW-88-99, NUDOCS 8812160016 | |
| Download: ML16341E906 (24) | |
Text
1Nestinghouse Electric Corporation Energy Systems Nuclear and Advanced Technology Oivision Box 355 ginnbngrpennfranilgQD 0355 CAW-88-099 Dr. Thomas Hurley, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C.
20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
WCAP-11312 Rev.
1 Pro rietar and WCAP-11966 Non-ro rietar "Westin house Owners Grou Technical S ecification Subcommittee Reactor Tri Breaker Maintenance Surveillance 0 timization Pro ram"
Dear Dr. Hurley:
The proprietary informatio'n for which withholding is being requested in the enclosed letter by Pacific Gas
& Electric Company 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 addressed 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 submitted as Affidavit CAW-88-099.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by Pacific Gas
& Electric Company.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-88-099, and should be addressed to the undersigned.
Very truly yours, WEST GHOUSE ELECTRIC CORPORATION b
Enclosures cc:
E.
C. Shomaker, Esq.
'ffice of the General
- Counsel, NRC Ro ert A. Wiesemann, Manager Regulatory
& Legislative Affairs SS12160016 SS1212 l
PDR ADOCK 05000275 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 THE PROPRIETARY 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 ON INFORMATION.
THESE LOWER CASE LETTERS REFER TO THE TYPES OF INFORMATION WESTINGHOUSE CUSTOMARILY HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4) (ii ) (a)
THROUGH (4) (i i ) (g)
OF THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO IOCFR2.790(b)(1).
CAW-88-099 aFFIOAVIT COMMONWEALTH 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, deposes and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation (nWestinghouse")
and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this ~~ day of ~P~~,
1988.
c-~~
'otary Public NOTARIALSEAL LORRAINE M. PIPLICA, NOTARYPUBLIC MONROEVILLEBORO ALLEGHENYCOUNTY MYCOMMISSION EXPIRES DEC. 14, 199f Member, Pennsylvania Assc&Sn of Nctar'es
CAW-88-099 (I)
I am Manager, Regulatory and Legislative Affairs, in the Nuclear and Advanced Technology Division, of the Westinghouse Electric Corporation 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 rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy
- Systems, Nuclear Fuel, and Power Generation Business Units.
(2)
I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in conjunction with the Westinghouse application for withholding accompanying this Affidavit.
(3)
I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems, Nuclear Fuel, and Power Generation Business Units in designating information as a trade secret, privileged or as confidential commercial or financial information.
(4)
Pursuant to the provisions of par agraph (b)(4) of Section 2.790 of the Commission's regulations, the following is furnished for consider ation 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.
CAW-88-099 (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.
(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.
CAW-88-099 (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.
CAW-88-099 (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 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.
ll CAW-88-099 (iii)
The information is being transmitted to the Commission in confidence
- and, under the provisions of IOCFR 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 "Westinghouse Owners Group Technical Specification Subcommittee Reactor Trip Breaker Maintenance/Surveillance Optimization Program,"
WCAP-11312, Revision 1
(Proprietary), for Diablo Canyon Power Plant Units 1 and 2, being transmitted by the Pacific Gas
& Electric Company (PG&E) letter and Application for Withholding Proprietary Information from Public Disclosure, J.
D. Shiffer, PG&E, to U.S. Nuclear Regulatory Commission, Attn: Document Control
- Desk, December, 1988.
The proprietary information as submitted for use by Pacific Gas
& Electric Company for the Diablo Canyon Power Plant Units 1 and 2 is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of optimum intervals for test and maintenance of reactor trip breakers such that breaker reliability is enhanced while sufficient surveillance testing is performed to confirm operability.
CAW-88-009 This information is part or that which will enable Westinghouse to:
(a)
Provide documentation of the analyses and methods for reaching a conclusion relative to the optimum preventive maintenance and test intervals for reactor trip breakers.
(b)
Develop a reactor trip breaker database in order to establish the parameters necessary for the evaluation of reactor trip breaker reliability.
(c)
Establish the basis for a mathematical reliability model representative of the cyclic degradation process and the effects of preventive maintenance on reactor trip breakers.
(d)
Assist the 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 purposes of meeting NRC requirements for licensing documentation.
(b)
Westinghouse can sell support and defense of the analysis and conclusions to its customers.
CAW-88-099 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 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 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 for data collection and reduction and development of analytical models.
Further the deponent sayeth not.
r'
0 PaclAc Gas and Etectrfc Company 77 Scale Street San Francisco, CA 94106 415I972 7000 TWX910 372 6587 James 0. Shmer Vice President Nuclear Power Generation December 12, 1988 PG&E Letter No. DCL-88-303 U.S. Nuclear Regulatory Commission ATTN:
Document Control Desk Washington, D.C.
20555 Re:
Docket No. 50-275, OL-DPR-80 Docket No. 50-323, OL-DPR-82 Diablo Canyon Units 1 and 2
Proprietary (HCAP-11312, Rev.
- 1) and Non-proprietary (HCAP-11966) Versions of "Westinghouse Owners Group Technical Specification Subcommittee Reactor Trip Breaker Maintenance/Surveillance Optimization Program" Gentlemen:
Enclosed are three copies each of HCAP-11312, Rev.
1 (Proprietary) and HCAP-11966 (Non-proprietary),
"Westinghouse Owners Group Technical Specification Subcommittee Reactor Trip Breaker Maintenance/Surveillance Optimization Program" (Enclosures 1 and 2, respectively).
The reports document calculations of the optimum intervals for test and maintenance of the reactor trip breakers, such that breaker reliability is enhanced while sufficient surveillance testing is performed to confirm operability.
They are intended to support review of the Diablo Canyon preventive maintenance and test intervals program for reactor trip breakers (Generic Letter 83-28, Item 4.2, Reactor Trip System Reliability).
One copy of HCAP-11312 (Proprietary) was previously transmitted in PGEE letter DCL-88-193, dated August 1, 1988.
HCAP-11312, Rev.
1 contains information proprietary to Westinghouse Electric Corporation.
Therefore, Enclosure 3 includes a
Hestinghouse authorization letter (CAH-88-099), proprietary information noti ce, and accompanying affidavit signed by Hestinghouse, 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 2.790 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 2.790 of the Commission's regulations.
PDC Correspondence with respect to the proprietary aspects of the Application for Withholding or the supporting Westinghouse Affidavit should reference CAW-88-099 and should be addressed to pp7o I i~
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~ < Document Control Desk PGIIE Letter No. DCL-88-303 December 12, 1988 R. A. Wiesemann, Hanager of Regulatory h Legislative Affairs, Westinghouse Electric Corporation, P.O.
Box 355, Pittsburgh, Pennsylvania 15230-0355.
Kindly acknowledge receipt of this material on the enclosed copy of this letter and return it in the enclosed addressed envelope.
Sincerely, J.
D. Shi cc:
3.
B. Martin H. H. Hendonca P.
P. Narbut B. Norton H.
Rood B. H. Yogler CPUC Diablo Distribution 2446S/0066K/RL3/2168 (Enclosures 1 and 3)
(Enclosures 1 and 3)
(Enclosures 1 and 3)
(w/o encs.)
(Enclosures 1 and 3)
(Enclosures 1 and 3)
(Enclosure 2 only)
(w/o encs.)