ML17255A709

Application for Withholding Proprietary Responses to Questions Re Applications for Amend to Tech Specs Dtd Dec 1983

ML17255A709
Person / Time
Site:	Ginna
Issue date:	03/16/1984
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML17255A708	List: ML17255A707 ML17255A709
References
CAW-84-21, NUDOCS 8403260201
Download: ML17255A709 (9)

Text

Westinghouse Water Reactor Nuclear technology Oivision Electric Corporation Divisions 8ox355 PittsburghPennsylvania 15230 March 16, 1984 CAW-84-21 Mr. Harold R. Denton, Director

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Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Phillips Building 7920 Norfolk Avenue Bethesda, Maryland 20014 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Dear Mr.,

Denton:

The proprietary material for which withholding is being requested by t'e Rochester Gas and Electric Company is proprietary to Westinghouse and with-holding is requested pursuant to the provisions of Paragraph (b)(l) of Section 2.790 of the Commission's regulations. Withholding from public disclosure is requested with respect to the subject information which is further identified in the affidavit accompanying this application.

The proprietary material transmitted by the referenced letter supplements the proprietary material previously submitted. Further, the affidavit submitted to justify the previous material was approved by the Commission on April 17, 1978, and is equally applicable to the subject material.

Accordingly, withholding the subject information from public disclosure is requested in accordance with the previously submitted affidavit, AW-76-60, a copy of which is attached.

Accordingly, this letter authorizes the use of the proprietary information and affidavit AW-76-60 by the Rochester Gas and Electric Company for the R. E.

Ginna Nuclear plant.

Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW-84-21 and be addressed to the undersigned.

Yery truly yptrs, ert A. Wiesemann, Manager egulatory and Legislative Affairs

/ln Enclosure(s) cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC 840326020i 8403i9 PDR ADOCK 05000244 P 'DR

AFFI DA'/IT COYiMOhMEALTH OF PEHNSYLVANIA:

COUtlTY OF ALLEGHEHY's Before me, the undersigned authority, personally appeared Robert A. Miesemann, who, being by me duly sworn according to la<<, de-poses and says that he is authorized to execute this Affidavit on behal f of )lestinghouse Electric Corporation ("'lestinghouse") 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:

c/q,! ++II.~~<~

Robert A. Miesemann, hanager Licensing Programs

-Sworn to and subscribed before me this ~ day of:ll~<i'rxL>Lr .1976.

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/

gg g! /J Notary Public,

AW-76-60 (1) I am Manager, Licensing Programs, in the Pressurized Mater 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 irithheld frcm 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 Hestinghouse application for withholding ac-companying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by Hestinghouse Huclear Energy Sys t ms in designating information

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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's.

owned and has been iield in confidence by Westinghouse.

w3 AW-76-60 (ii) The information is of a type customarily held in confidence by Mestinghouse and not customarily disclosed to the public.

Mestinghouse has a rational basis for determining the typ s o 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 Mestinghouse 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 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 l estinghouse's competitors without license from ilestinghouse 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 Cata 'secures a competitive economic advantage, e.g., by optimization or improved marketability.

AH-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, assurarce of quality, or licensing a similar product.

(d) It reveals cost or price in.ormation, production cap-acities, budget levels, or comnercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future West-inghouse or customer funded d velopment plans and pro-grams of potential commercial value to l!estinghouse..

(f) It contains patentable ideas, for which -patent pro-tection may be desirab,je.

(g) It is not the property of Westinghouse, but must be treated as proprietary by W stinghouse according Go 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-peti tors. It is, 'herefore, wi thhe1 d 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 resourc s 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 oroprietary infor-mation, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competi tive advantage.

(e)

'f Unrestricted disclosure would jeopardize the position prominence of Westinghouse inl the world mark'et, and thereby give a market advantage to the competition in those countries.

(f) The Westinghouse capaci y to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

Al&76-60 The in<or'mation is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.790, it is to be received in confidenc by the Coanission.

The information is not available in public sources to the bes t of our knowl edge and belief .

The proprietary information sought to be withheld in this sub-mittal is that which is appropri'ately marked in the attach-ment to Westinghouse letter number NS-CE-1298, Eicheldinger to Stolz, dated December 1, 1975, concerning information relating to HRC review of WCAP-C567-P and 'r.'CAP-8563 entitled, "Improved Thermal Design Procedure," defin'.rg the sensitivity of DHB ratio to various core parameter". The letter and attachment are being submitted in response to the HRC request at the October 29, 1976 HRC/i,"estinghouse meeting.

This .information enables Westinghouse to:

(a) Justify the Westinghouse des.'gn.

(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.

w7 AW-76-60 (f) Optimize reactor design and performance while maintaining a high level of fuel integrity.

Further, the in ormation gained from the improved thermal design procedure is of significant coimercial 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 m thod 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.