ML17309A400

Requests Proprietary Status for LOFTTR2 Analysis of Potential Radiological Consequences Following Steam Generator Tube Rupture at Re Ginna Nuclear Power Plant, Per 10CFR2.790.Affidavit Encl

ML17309A400
Person / Time
Site:	Ginna
Issue date:	12/03/1987
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML17261A755	List: ML17261A754 ML17261A757 ML17309A400
References
CAW-87-123, NUDOCS 8801070046
Download: ML17309A400 (13)

Text

Westinghouse Power Systems Nuclear Technology Electric Corporation Systems Oivision Box 355 Pmsburgh Pennsyivama i 5230 0355 December 3, 1987 CAN-87-123 D.. Thomas Murley, Director ..

Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

LOFTTR2 Analysis of Potential Radiological Conse uences Followin a Steam Generator Tube Rupture at the .R. E. Ginna Nuclear Power Plant

Dear Q . Murley:

The proprietary information for which withholding is being requested in the enclosed letter by Rochester Gas and Electric Corporation 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 requested is of the same technical type as that proprietar y material previously submitted with Affidavit AW-76-31.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Rochester Gas and Electric Corporation.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-87-123, and should be addressed to the undersigned.

Very tz'uly yours, r

'-i '.".T."~t.~~ C'r(L(/l A. Wiesemann, Manager k:'obert Regulatory 5 Legislative Affairs Enclosure(s) cc: E. C. Shomaker, Esq.

Office of the General Council, NRC iipp.

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PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO IHE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/OR PLANT SPECIFIC REVIEW AND APPROVAL.

l ZN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR2.790 OF THE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SUBMITTED TO &E NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFOiMTION HAS BEEN DELETED IN THE NON-PROPRIETARY VERSIONS CNLY THE BRACKETS REMAIN, THE INFORMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN %E PROPRIETARY VERSIONS HAVING BEEN DELETED. 'IBE JUSTIFICATION FOR CLAIMING THE INFORMATION SO DESIGNATED AS PROPRIETARY IS INDICATED IN BAH VERSZONS BY MEANS OF LOWER CASE LITERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT IMMEDIATELY FOLL(MING THE BRACKETS ENG.OSING EACH ITEM OF INFORMATION BEING IDENTIFZED AS PROPRIETARY OR IN &E MARGIN OPPOSZTE SUCH INFORMATION- THESE LOWER CASE LETTERS REFER TO THE TYPES OF INFORMATION WESTINGHOUSE CUSTOMARILY HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) throve (4) (ii)(g) OF THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(l) ~

N-76-31 AFFIDAVIT CNHONMEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before ee, the undersigned authority, personally appeared Robert A. Miesemann, who, being by Ie duly sworn according to law, de-poses and says that he is authorized to execute this Affidavit on behalf of Mestinghouse Electric Corporation ("Mestinghouse") and that the aver-aents of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

Robert A. Miesemann. ihnager Licensing Programs Sworn to and subscribed befo this -w day of 1976.

Notary ic 4 nch> LllU>>fl sr aeMCsio>> amRaS era.H.'Oa

AM-76-31 (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 withheld from public dis-c1osure in connection with nuclear power plant licensing or rule-aaking 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 Caamission's regulations and in con-5unction 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 $ n designating $ nformatign as a trade secret, privileged or as confidential coarnercial or financial information.

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Comnission's regulations, the following $ s furnished for consideration by the Commission in determining whether the in-formation sought to be withheld from public disclosure should be ertthheld.

(i) The information sought to be withheld from public disclosure

$s owned and has been held in confidence by Mestinghouse.

($ $ ) The information $s of a type customarily held $ n conf)dence by Mcstfnghouse and not customarily disclosed to the public.

Mestinghouse has a rational basis for determining the types of -4nformat<on customarily held $ n confidence by $ t and, $ n that connect)on, utf lazes a system to determine when and whether to ho% certain types of $ nfonnat$ on $ n confidence.

The applkcatkon of that system and thc substance of that system constitutes Mcst<nghouse policy and prov)des the rational basis requ)red.

Under that system, Information $ s held $ n conf)dence 1f $ t falls $ n one or aore of several types, the release of which adght result $ n the loss of an ex$ st$ ng or p'otential com-pet$ tfve advantage, as follows:

(a) The $ nformat$ on reveals the dlstkngufshfng aspects of a process (or component, structure, tool, method, etc.)

where prevent<on of its use by any of Mcst)nghouse's.

competitors Kthout 1lcense from Mcstfnghouse consti-tutes a competitive economic advantage over other companies.

(b) It consists of supporting data. )ncludfng test data, relative to a process (or component. structure. tool, aethod. etc.). the appl<catkon of which data secures a competitive economic advantage. e.g., by opt$ m3zat$ on or improved aarkctab)1)ty.

N-76-31 (c) Its use by a competitor would reduce his expenditure of resources or improve h$ s competitive pos$ t$ on 4n the design, aanufacture, shipment, fnstallatkon, assurance of qual)ty, or lkcenskng a skmflar product.

(d) It reveals cost or price Information, production cap-ac$ t$ ~. budget levels, or cewercfal strategies of Qestfnghohse, its customers or suppliers.

(e) It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grams of potential corwerckal value to westinghouse.

(f) It contains patentable Ideas, for which patent pro-tect)on aay be desirable.

(g) It $s not the property of Westinghouse, but aust be treated as proprietary by Westinghouse according to agreements Rth the owner.

There are sound policy reasons behind the Westinghouse system which include the following:

(a) The use of such information by Mestfnghouse gfves Mestknghouse a competitive advantage over its com-petitors. It $ s. therefore, Hthheld from d)sclosure to protect the Mestknghouse compet$ t$ ve pos$ t$ on.

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(b) it $s information which $ s aarketable $n aaron ways.

The extent to which such $ nformat$ on $s available to competitors diminishes the ifest$ nghouse ability to sell products and services Involving the use of the 4nfonnat$ on.

(c) Use by os competitor would put Mestfnghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each component of proprietary information pertinent to a part)cular competitive advantage $ s potentially as valuable as the total competitive advantage. if competitors acquire components of proprfetary $ nfcr-aat$ on, any one component may be the key to the entire puzzle. thereby deprfving westinghouse of a compet<tfve advantage.

(e) Unrestr)cted disclosure would Jeopardize the position of prominence of Mestfnghouse $ n the world market.

and thereby give a market advantage to the competition

$ n those countries.

(f) The Mestfnghouse capacity to invest corporate assets Cn research and development depends upon the success

$n obtaining and aainta$ n$ ng a competitive advantage.

0-76-31 (iii) The information is being transmitted to the Coamission in confidence and. under the provisions of 10 CFR Section 2.790,

$ t is to be received in confidence by the Caanission.

(iv) The information is not available in public sources to the best of our knowledge and belief.

l (v) The proprieta~ information sought to be withheld in this submittal is that which is appropriately marked in the attach-aent to westinghouse letter No. NS-CE-1142, Eicheldinger to Kisenhut dated July 27, 1976 concerning reproductions of view-graphs used in the Mestinghouse presentation to the NRC during the aaeting on July 27. 1976 on the subject of westinghouse Reload Safety Evaluation Methodology.

This information enables Mestinghouse to:

(a) Justify the design for the reload core (b) Assist its customers to obtain licenses (c) Neet contractual requirements (d) Provide greater flexibility to customers assuring them of safe and reliable operation.

Further, this information has substantial caaaercial value as follows:

(a) Mestinghouse sells the use of the information to its customers for purposes of a>>eting HRC requircaents for licens'ing. documentation.

(b) westinghouse uses the information to perform and 5ustify analyses xhich are sold to customers.

(c) westinghouse uses the information to sell nuclear fuel, and related services to its customers.

public disclosure of this information is likely to cause sub-stantial harm to the competitive position of westinghouse Sn selling nuclear fuel and related services.

westinghouse retains a marketing advantage by virtue of the knowledge. experience and competence it has gained through long involvement and considerable investment in all aspects of the nuclear power generation industry. In particular Westinghouse has developed a unique understanding of the factors and parameters xhich are variable in the process of design of nuclear fuel and xhich do affect the in service performance of the fuel and its suitability for the purpose for xhich 4t xas provided.

In all cases that purpose is to generate energy in a safe and efficient Wanner Mile enabling the operating. nuclear gener-ating station to Neet all regulatory requirements affected by the, core loading of nuclear fuel. Confidence in being able to accomplish this comes from the exercise of Judgement based on experience.

Thus ~ the essen'ce of the competitive advantage in this field

)ies in an understanding of which analyses should be performed and in the methods and aedels used to perform these analyses.

A substantial part of this competitive advantage vill be lost 4f the competitors of Mestinghouse are able to use the results of the Mestinghouse experience to normalize or verify their own process or if they are able to claim an equivalent under-standing by demonstrating that they can arrive at the same or similar conclusions. Its use by a competitor auld reduce his expenditure of resources or improve his competitive position in the design and licensing of a similar product.

This'nformation is a product. of Mestinghouse design technology.

As such. it is broadly applicable to the sale and licensing of fuel in pressurized eater reactors. The development of this information is the result of many years of Mestinghouse effort tnd the expenditure of a considerable sum of mney. In order for canpetitors of Mestinghouse to duplicate this process

aeuld require the investment of substantially the ski.'neunt of effort and expertise that Westinghouse possesses and srh$ ch was acquired over a per)od of Nore than fifteen years ind by the investment of millions of dollars.

Further the deponent sayeth not.