ML17255A774

Submits Application to Withhold Proprietary Info in Cook Apr 1984 Ltr to Denton (Ref 10CFR 2.790).Affidavit Encl

ML17255A774
Person / Time
Site:	Ginna
Issue date:	04/10/1984
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Crutchfield D Office of Nuclear Reactor Regulation
Shared Package
ML17255A773	List: ML17255A772 ML17255A774
References
CAW-84-34, NUDOCS 8404180359
Download: ML17255A774 (12)

Text

Nuclear Fuel Oivislon Westinghouse Water Reactor Electric Corporation Divisions Box 3912 Pittsburgh Pennsylvania 15230 April 10, 1984 Director of Nuclear Reactor Regulation CAW-84-34

. Attention: Dennis M. Crutchfield U.S. Nuclear Regulatory Commission Phillips Building 7920 Norfolk Avenue Bethesda, Maryland 20014 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE Ref.: R. E. Ginna Nuclear Plant letter, Cook to Denton, April 1984

Dear Mr. Crutchfield:

The proprietary material for which withholding is being requested by the 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-84-34 and be addressed to the undersigned.

Very ruly yours, R rt A. Wiesemann, Manager egulatory and Legislative Affairs

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

Office of the Executive Legal Director, NRC 8404180359 840412 PDR ADOCK 05000244 i P PDR i

/

ENCLOSURE 2 j 1 AM-76-60 AFFIDA'lIT.

COYJ~i0fsl'IEALTH OF PEf')HSYLVAiMIA:

ss COUNTY OF ALLEGHENY)Y:

Before me, the undersigned authority, personally appeared Robert A. Miesemann, who, being by me duly sworn according to law, de-poses and says that he is authorized to execute this Affidavit on behal f of llestinghous'e Electric Corporation ("Mestinghouse") 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. Miesemann, t'ianager Licensing Programs Sworn to and subscribed beforeme this ~ day of 8~'Ci'.uLJV ..1976.

I kl/~ p:"tibiae'otary Public

AM-76-60 (1) I am tlanager, Licensing Programs, in the Pressurized Mater Reactor Systems Division, of kestinghouse Electric Corporation and as such,

.I have be n specifically delegated the function of reviewing the proprietary information sought to b withheld from public dis-closure in connection with nuclear power plant licensing or rule-making proceedings, and dm authorized to apply for its withholding bn behalf of the Hestinghouse Hater 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 knowledg of the criteria'nd procedures utilized by Hestinghouse f<uclear Energy Syst 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 held in confidence by Mestinghouse.

&3 AW-7G-60 (ii) The information is of a type cus~omarily held in confidence by Westinghouse and not customarily disclosed to the public.

Westinghouse has a rational basis for determining the types o information customarily held in confidence by it,and, in that connection, utilizes a system to determine when and whether to hold certain types.bf 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 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 Westinghouse'sr 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 Cata secures a competitive economic advantage, e.g., by optimization or improved marketabi 1 i ty.

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, ins ta 1 1 a ti on, ass urar ce of quality, or licensing a similar product.

(d) It reveals cost or price in ormation, production cap-

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acities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future hest-inghouse or customer furd d development plans and pro-grams of potential commercial value to l!estinghouso.

(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

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treated as proprietary by W stinghouse 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 t!estinghouse gives Westinghouse a competitive advantage over its com-petitors. It is,'herefore, withheld from disclosure to protect the Westinghouse competiti re posi tion.

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 informati on.

(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 compe itive advantage is potentially as valuable as the total competitive 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.

I (e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse inl 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.

A1(-76-60 (iii) 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 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 appropri'ately marked in the attach-ment to llestinghouse letter number NS-CE-1298, Eicheldinger to Stolz, dated December 1, 1976, concerning information relating to HRC review of WCAP-G567-P ai d '..CAP-8560 entitled, "Improved Thermal Design Procedure," definirg the sensitivity of DHB ratio to various core parameter". The letter and attachment are being submitted in response to the NRC request at the October 29, 1976 HRC/4'estinghouse 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 custom rs assuring them of safe and reliable operation.

(e) Justify increased power capability or operating margin for plants while assuring safe and reliable operation.

AM-76-60 (f) Optimize reactor design and performance vihile 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 1'ikely to cause substantial harm to the competitive position of llestinghouse 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 wliich has been underv~ay during the past two years.

Altogether, a substantial amount of money and effort has been expended by tlestinghouse 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.

ENCLOSURE 3