ML18019A646

Requests Withholding Proprietary Rev 3 to Tables 4-3 & 3-19 in Westinghouse Setpoint Methodology for Protection Sys, Shearon Harris Nuclear Power Plant.

ML18019A646
Person / Time
Site:	Harris
Issue date:	10/14/1985
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML18019A644	List: ML18019A642 ML18019A646
References
CAW-85-066, CAW-85-66, NUDOCS 8603170190
Download: ML18019A646 (12)

Text

Water Reactor Nuclear technology Oivision Westinghouse Eiectric Corporation Divisions Box 355 Pittsburgh Pennsylvania 15230 0355 October 14, 1985 CAW-85-066 Mr. Harold R. Denton, Oirector Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, O.C. 20555 APPLICATION FOR WITHHOLOING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Westinghouse Setpoint Methodology for Protection Systems, Shearon Harris Nuclear Power Plant

Reference:

Letter from Carolina Power & Light Oear Mr. Oenton:

The proprietary material for which withholding is being requested in the reference letter by Carolina Power & Light 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 required is of the same technical type as that proprietary material previously submitted with Application for Withholding CAW-85-059.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Carolina Power & Light.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-85-066, and should be addressed to the undersigned.

Ve truly yours, SSOSX7oaeo S6oaas PDR ADOCK OSOOOOOO Robert A. Wiesemann, Manager Regulatory & Legislative Affairs

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

Office of the Executive Legal oirector, NRC

PROPRIETARY INFORMATION NOTICE 4

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

XN ORDER TO CONFORM TO 'IHE REQUXRBMTS OF 10CFR2.750 OF THE COlPESSION'S REGULATIONS CONCERNING %HE PROTECTION OF PROPRIETARY INFORMATION SO SUBMITTED TO THE NRC,,THE XNFORMATION WHICH XS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPPZETARY ZNFORNTXON HAS BEEN DE EKD.IN THE NON-PROPRIETARY VERSIONS CNLY THE BRACKETS REMAINf THE INFORMATION 'IHAT WAS CONTAINED WXTHIN THE BRACKETS XN %HE PROPRIETARY VEPSIONS HAVING BEBf DF ETED. THE JUSTIFICATION FOR CHIMING THE INFORMATION SO DESKNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY MEANS OF LCMER CASE LEVERS (a) THROUGH (g) CONTAINED WITHIN PAPZNTBESES LOCATED AS h SUPERSCRIPT DY=DIATE.Y FOLLSlXNG THE BRACKETS ENQ.C6ING EACH ZTEM OF INFORSLTION BEING IDENTIFIED AS PROPRIETARY OR ZN THE MARGIN OPPOSITE SUCH INFORMATION. THESE LC4H CASE LITERS ~i.R TO %HE TYPES OF INFORMATXON WESTINGHOUSE CUSTOMARILY HOLDS IN CONFIDENCE IDENTIFIED XN SECTIONS (4) (ii)(a) though (4)(ii)(g) OF THE AFFIDAVIT ACCOMPANYING THIS TRANSH3TTAL PURSJANT TO 10CFR2.790(b)(1) o

AH-76-60 AFFIDA'JIT COYJ~i0fiHEALTH OF PEJJHSYLVAiJIA:

ss

'Courn Y OF ALLEG~EjJY:

Before me, the undersigned authority, personally appeared Robert A. lJiesemann, 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 ("'Jestinghouse") and that the aver-ments of fact set. forth in this Affidavit are b ue and correct to the best of his J;nowledge, information, and belief

//;r .(; 7 i. Z'/g I/ /j' Robert A. Hiesemann, JJanager Licensing Programs Sworn to and subscribed before m this ~ day of:Il'(i;8~3 19'76.

I

~Sfgli 6':"<i;ace

/ Notary Public

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

.I have been specifically delegated the function of reviewing 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 Mestinghouse Hater P, actor 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 kno:;ledg. of tl e criteria and procedures utilized by Hestinghouse f(uclear Energy Sys t ms in designat'ng information

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as a trade secret, privileged or as confiden~ial 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 is. owned and has been held in confidence by Hestinghouse.

All-76-60 (ii) The information is of a type customarily held in confidence by liestinghouse 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 ap-plication of that system and the substance of that system constitutes )!estinghouse 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 Hestinghouse 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 competi tive economic advantage, e.g., by optimization or

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improved marketability.

AW-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, assurance of quality, or licensing a similar product.

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

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

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

(g) It is not the property of Westinghouse, but must bo 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 Westinghouse gives Westinghouse a competitive advantage over its com-petitors. It is, therefore, withheld from disclosure to protect the Westinghouse competi ti ve posi tion.

(b) It is information which is marketable in many ways.

The extent to 'which such information is available to competitors diminishes the Ilestinghouse ability to sell products and services involving the use of the information.

(c) Use by our competitor would put h'estinghouse at a competitive disadvartage 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 comp titive advantage. If competitors acquire components of proprietary infor-mation, any one component may bo the key to the entire puzzle, 'thereby depriving Westinghouse of a competitive advantage.

(e)

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

(f) The l'estinghouse capaci ty to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

AH-76-60 (iii) The in ormation is being transmitted to the Commission in confidonce 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'ur knowledge and belief.

(v) The proprietary information sought to be withheld in this sub-mittal is that which is appropriately marked in the attach-ment to Hestinghouse letter number HS-CE-1298, Eicheldinger to Stolz, dated Oecember 1, 1975, concerning information relating to HRC review of HCAP-C567-P and HCAP-8568 entitled, "Improved Thermal Oesign Procedure," defin',ng the sensitivity of ORB ratio to various core parameters. The letter and attachment are being submitted in response'to the NRC request at the October 29, 1976 HRC/Hestinghouse meeting.

This information enables Hestinghouse to:

(a) Justify the Hestinghouse d sign.

(b) 'ssist its customers to obtain licenses.

(c) theet warranties.

(d) Provide greater operati onal flexibi 1 i ty 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.

w7 AW-76-,60 (f) Optimize reactor design and performance while 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 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 ar,ount 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.

L CPSL Carolina Power & Light Company FEB 28 1986 SERIAL: NLS-86-008 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation United States Nuclear Regulatory Commission Washington, DC 20555 SHEARON HARRIS NUCLEAR POWER PLANT UNIT NO. 1 - DOCKET NO.50-000 SETPOINT METHODOLOGY

Dear Mr. Denton:

Carolina Power R Light Company submits tables from the "Westinghouse Setpoint Methodology for Protection Systems, Shearon Harris Nuclear Power Plant," as requested by your staff. These tables are submitted to assist your staff in the review of the Shearon Harris Nuclear Power Plant Technical Specifications.

Also enclosed is a Westinghouse authorization letter, CAW-85-066, and accompanying affidavit and Proprietary Information Notice. The attached information is proprietary to Westinghouse Electric Corporation; this is supported by an affidavit signed by Westinghouse, 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)(0) 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. Correspondence with respect to the proprietary aspects of the Application for Withholding or the supporting Westinghouse affidavit should reference CAW-85-066 and should be addressed to Mr. R. A. Wiesemann, Manager, Regulatory and Legislative Affairs, P. O. Box 355, Pittsburgh, Pennsylvania 15230.

If you have any question regarding the technical aspects of the attached information, please contact Mr. Gregg A. Sinders at (919) 836-8168.

Yours very truly, A

S.. ManZim er rman Nuclea 'nsing Section GAS/ccc (3309GAS)

Enclosures CC: Mr. B. C. Buckley (NRC) Mr. Wells Eddleman Mr. G. F. Maxwell (NRC-SHNPP) Mr. 3ohn D. Runkle Dr. 3. Nelson Grace (NRC-RII) Dr. Richard D. Wilson Mr. Travis Payne (KUDZU) Mr. G. O. Bright (ASLB)

Mr. Daniel F. Read (CHANGE/ELP) Dr. 3. H. Carpenter (ASLB)

Wake County Public Library Mr. 3. L. Kelley (ASLB)

Mr. H. Li (NRC) (W/Enclosures) Mr. H. A. Cole Without enclosures except as noted.

411 Fayettevitte Street ~ P. O. Box 1551 ~ Raleigh, N. C. 27602

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