ML18018B412

Application for Withholding Proprietary Table of Control Rod Drive Mechanism (CRDM) 400 Series Stainless Steel Items, Per 10CFR2.790.W/affidavit

ML18018B412
Person / Time
Site:	Harris
Issue date:	10/11/1983
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Liaw B Office of Nuclear Reactor Regulation
Shared Package
ML18018B411	List: ML18018B410 ML18018B412 ML18018B413
References
AW-76-8, CAW-83-88, NUDOCS 8310260267
Download: ML18018B412 (15)

Text

Nuclear Technology Olvlslon Westinghouse Water Reactor Electric Corporation Divisions Box 355 PittsburghPennsytvanta15230 October CAW-83-88 ll, 1983 Mr. B. D. Liaw, Chief Materials Engineering Branch Office of Nuclear Reactor Regulation Phillips Building 7920 Norfolk Avenue Bethesda, Maryland 20014 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Reference:

Carolina Power and Light Company letter to B. D. Liaw, dated October 1983

Dear Mr. Liaw:

The proprietary material for which withholding is being requested by the Carolina Power and Light Company is further identified in an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corpora-tion. The previously submitted affidavit, AW-76-8, a copy of which is attached, sets forth the basis on which the information may be withheld from public disclosure by the Commission and addresses specifically the considera-tions listed in paragraph (b)(4) of 10CFR Section 2.790 of the Commission's regulations.

Accordingly, this letter authorizes the utilization of the accompanying affi-davit in support of the Carolina Power and Light Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-83-88, and should be addressed to the undersigned.

Very truly yours,

. A. Wiesemann, Manager Regulatory 8 Legislative Affairs

/bek cc: E. C. Shomaker, Esq.

Office of the Executive Legal. Director, NRC 83i0260267 83i0i4 PDR ADQCK 05000400 E PDR

~

/

~ ~

I I ~

W-76-8 AFFIDAVIT

'OM!>OHlkEALTH OF PEHHSYLVAHIA:

ss COUHTY OF ALLEGkIEHY:

Before me, the undersigned authority, personally appeared Robert A. liiesemann, who, being by me duly sworn according to law, de-poses and says that he is authorized to execute this Affidavit on behalf of Hestinghouse Electric Corporation ("Ikestinghouse") and that the aver-ments of fact set forth in this Aff'idavit are true and correct to the best of his k;nowledge, information, and belief:

I 6'ki, '

."~~i...'~j)

Robert A. Hiesemann, !1anager Licensing Programs, Sworn to and subscribed before this //~ day of. '~1976.

me.

/Notary Pool i liE"t..

t' gag Gi li"

'..1)sslUil

...~ li:.><i,

~

EXi'ii',is l,

> 1970

4r~ A~A':tS.Q ~' w a~~WW ~ ~~ ~ i AH-76-8

.(1) I am hanager, Licensing Programs, in the Pressurized Hater Peactor Systems Division, of Hestinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewirg the proprietary information sought to be withheld from 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 Hestinghouse Hater Reacto~ 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 thi s Affi davi t.

(3) I have personal knowledge of the criteria and procedures utilized by Hestinghouse Nuclear Energy Systems 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 2.790 of the Commission's regulations, the folloving 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 is owned and has been held in confidence by Hestinghouse.

AH-76-8

~

(ii) The information. is of a type customarily held in confidence by Hestinghouse and not customarily disclosed to the public.

Mestinghouse 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 Hestinghouse 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 Hestinghouse's competitors without license from Hestinghouse consti-tutes 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 hi s competi ti ve pos i ti on in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.

It reveals

'd) cost or price information, production cap-acities, budget levels, or commercial strategies of Mes ti nghous e, i ts cus tome rs or s upp 1 i ers.

(e) It reveals aspects of past,.present, or future 'lest-

. inghouse or customer funded development plans and pro-grams of potential commercial value to l]estinghouse.

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

(g) It is not the property of ';,'estinghouse, but must be

'treated as proprietary by westinghouse according to agreements with the owner.

'there are sound policy reasons behind the l~'estinghouse system which include the following:

(a) The use of such information by Hestinghouse gives Mestingh'ouse a competitive <dvantage over its com-petitors. It is, therefore, withheld from disclosure to protect the westinghouse competi.tive. posi.tion,

0 AH-76-8 (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 'Hestinghouse at a competitive disadvantage by reducing his expenditure of resound ces at our expense.

(d) Each component of proprietary information pertinent to a particular competitive advantage is potential13 as valuable as the total competitive advantage.

acquire components of proprietary infor- If'ompetitors mation, any one. component may be the key to the.,entire puzzle, thereby depriving Westinghouse of a competitive advantage.

(e)

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

(f) The l]estinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintainirg a competitive advantage.

1tt l ~ 11 ~

~ 8

p

~t

~ ~

AH-76-8 (iii) The information is being transmitted to the Commission in

-.- confidence and,.under the provisions'f 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 submittal is that whi'ch is appropriately marked in the attach-m nt to Westinghouse letter number HS-CE-1139, Eicheldinger to Stolz, dated July 19, 1976, concerning supplemental infor-mation for use in the Augmented Startup and Cycle 1 Physics Program. The letter and attachment are being submitted as

~

part of the above mentioned program in response to concerns of the Advisory Committee on Reactor Safeguards with the new

'Westinghouse PWR's, which are rated at highe'r power densities than currently operating Westinghouse reactors.

This information enables Westinghouse to:

I (a) Justify the Westinghouse design correlations; (b) Assist its customers to obtain licenses.

(c) Provide greater flexibility.to customers assuring them of safe reli able operati on.

(d) Optimize performance while maintaining a high level of fuel integri ty.

~ ~

V ~ ~

~ ~

~0 7 AH-76-8 (e) Justify operation at a reduced peaking factor with a wider target band than normal.

I (f) Justify full power operation and meet warranties.

Further, the information gained from the Au(mented Startup and Cycle 1 Physics Program is of commercial value and is sold for considerable sums of money as follows:

(a) llestinghouse uses the information to perform and justify

'nalyses which are sold to customers.

(b) l)estinghouse uses the information to sell to its customers for the purpose of meeting HRC requirements for full power licensing.

(c) .llestinghouse could sell testing services based on the experience gained and the analytical methods developed using this information.

Public disclosure of this information concerning the Augmented Startup program is likely to cause substantial harm to the competitive posi tion of Westinghouse by allowing its com-petitors to develop similar analysis methods and models at a much reduced cost.

The analyses performed, their methods and evaluation repre-sent .a considerable amount of highly qualified development effort, which has been underway for many years. If a com-petitor were able to use the results of the analyses in the attached document, to normalize or verify their own methods or models, the development effort and monetary expen-diture required to achieve an equivalent capability would be significantly reduced. In total, a substantial amount of money and effort has been expended by I'esti nghouse which could only be duplicated by a competitor if he were to

,invest similar sums of money and provided he had the appro-priate talent available.

Further the deponent sayeth not.

Shearon Harris Nuclear Power Plant Materials Engineering Branch Draft Safet Evaluation Re ort Open Item 325/386 The NRC staff has indicated that we need to specify whether martensitic stainless steels were used in the fabrication of the contxol rod drive mechanism.

Response

The attached table identifies the 400 series stainless steel items used in the fabrication of the control rod drive mechanism.

(8 211PSAkj r)

x '." ~

pg

\