ML18082A999
| ML18082A999 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 08/25/1980 |
| From: | Mittl R Public Service Enterprise Group |
| To: | Schwencer A Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML18082B000 | List: |
| References | |
| NUDOCS 8008280376 | |
| Download: ML18082A999 (13) | |
Text
0 PS~G e Public Service Electric and Gas Company 80 Park Place Newark, N.J. 07101 Phone 201/430-7000 August 25, 1980 Director of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Attention:
Gentlemen:
Mr. A. Schwencer; Acting Chief Licensing Projects Branch 3 Division of Licensing ENVIRONMENTAL QUALIFICATION OF CLASS IE INSTRUMENTATION AND ELECTRICAL EQUIPMENT NO. 2 UNIT SALEM NUCLEAR GENERATING STATION DOCKET NO. 50-311 Public Service Electric and Gas hereby submits its responses to the NRC's latest requirements concerning environmental qualifications __ oL Class IE instrumentation and electrical equipment and updates the ~ay 22, 1980 submittal.
As this* submittal contains information proprietary to Westinghouse Electric Corporation; it is supported by an af-fidavit signed by Westinghouse; the owners of the informa-tion.
The affidavit sets forth the basis on which the in-formation may be withheld from public disclosure by the Commission and addresses the specificity* the considerations listed in paragraph (b) (4) of Section 2.790 of the Commission's regulations.
Accordingly; it is respectfully requested that the informa-tion which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10 CFR Section 2.790 of the Commissions regulations.
Correspondence with respect to the proprietary aspects of this application for witholding or the supporting Westinghouse affidavit should reference CAW-80-15; and should be addressed to R. A. Wiesemann; Manager, Regulatory and Legislative Affairs; Westinghouse
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Electric Corporation; P.O. Box 355; Pittsburgh; Pennsylvania~~
15230.
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Mr. A. Schwencer, Acting Chief Licensing Projects Branch 3 May 25; 1980 Page 2 This submittal consists of 1:-t~~,.(2) copies each of the proprietary and non-proprietary versions and one (1) copy of the supporting affidavit.
Should you have any questions; please do not hesitate to contact us.
CC Mr. L. Norrholm r:1;;;;zs, R. L. Mittl General Manager -
Licensing and Environment Engineering and Construction Salem Resident Inspection (w/o Attachment)
P8040/03 01/02
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- 'fOTI: TO
~iRC A.'ffi/OR LOCAL ?r."3i:..:c iJOC..,'1it!NT ROOMS The fo2.lowing item subm..;.::~:!c *"ith le':"':e::- d.a:~d. t./.zr/ Id I/, L i:-oai D
s~,~ El-e. GA=s t;. is being '"'ithheld f:-cm ;iubli.:
t disclosure in accot'dance wi~h Secti.:n 2.* i}Q.
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~i=u-::i.on. S.ervi.:e ' 3 Branch
WeSlin~housc Electric Corporation Water Reactor Division:>
Mr. H. R. Denton, Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commis~ion
~ashington, D. C.
20555
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Noclcar Technolocy Division Box355 Plllsb11rgh Pt:nn$ylvanla 15230 May 22, 1980 CAW-80-15 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATIOH FROM PUBLIC DIS1LOSURE
SUBJECT:
Salem Unit 2 (Docket Number 50-311)
In*.~rmation Related to Electric~l Equipment Qualification j
REF:
Letter from Mittl to Denton dated May ~2, 1980 Gentlemen:
The proprietary ma-:erial transmitted by the reference letter supplements the proprie~ary ma~erial previously submitted concerning the environmental qualtfication of safety-related equipment.
Further, the affidavit submitted to justify the mat*2rial previously submitted, AH-76-39, \\*tas approved by the Com~ission on April 15, 1977, and is equall~ applicable to this materia}.
Accordingly, withlnlding the subject material from public disclosure is requested in accorlance with the previously submitted affidavit and appli-cation for withhoLJing, A\\*1-76-39, dated August 27, 1976, a copy oJ 1t1hich is attached. The app'.*oved application was further rnpported by a proprietary affidavit, not ati..iched, \\*1hich was sent to the U*mmission on September 29, 1978 and approved !Jy the Commission on May 9, 19i9.
Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW-80-1!*, and should be addressed to the undersigned.
/bek Attachment cc: J. A. Cooke,
~sq.
Very truly yours, Id
~r.
' I
- &.,jjjtf_t~f{.!lltlilP 0 Robert/,, \\~icsemann, Manager Regulatory & Legislative Affairs Office of the Executive Legal Director, NRC
- ~.
Wi;~fin~hn11c:r. Electric Corµor~tion Pr:w1i:ir Sy5l*:rn<: Company Mr. John F. Stolz, Chief Light ~ater Reactors Project Division of Project ~anJgcment Office of i:uclcar Recctor Regulation U. S. f~uclear Regul~':ory Cor.r:nission - 7920 l~orfo l r. rwenue
- Bethesda, i*;a ryl and
~'0014 . APPL CAT IO~: FOP. ~!ITHl-:OLDI ::G pqQPR I ~TARY HffOR:*'./:.TIO:*~ rRO:*l PU~LIC
- DISCL'.)SURE PWR Syslcms 01**i~1cn Box3'.:I~
Pills!.uf£h P1.rrtsj*l1.:?.11J 1523D Augu5t 27, 1976 AH-76-39
SUBJECT:
Westinghouse Equip~~nt Qualification Programs and Thermal Environ~ental Qualifi~ation Curve REF: Westinghous~ L~tter N6. NS-CE-1183, Eicheldingcr to Stolz, ~ated A~gust ~7, 1976 This application for withholding is submitted bj Westinghouse Electric Corporation ( 11 \\*!2stin1]house") pursuant to the previsions of paragrt!ph (b)(l) of Section 2. 190 of the (0ii;;;iission 1 s r29L lations._ ~*lithholdir.g from public disclosufte is requested with respect to the subject infor-mation which is furt~cr identified in the affidzvit accompanying this application. The undersisncd has reviewed the information soLght to be withheld end is authorized to apply for its withholding on behalf of Westinghouse, HRD, notification of i.-:hich \\';as sent to the Secretary of the Con:mission on April 19, 1976. . The affidavit accompt1nying this application sets forth th~ basis on which the infonnJtion r.:.:iy be withheld fror.1 public disclosur.c by the Com.11ission L!nd t1ddresses with specificity the considerations 1 istc:d in .. paragraph {b)('l) of Section 2.790 of the Co11.mis~,ion 1 s regulations.
. :* Mr_.\\john F. Stal z
- Au~iu.?.7, 197G AH-7c g*
- Accordingly, it is respectfully requested tlrnt the ~;ubject information which is pror>r*iettiry to \\*!estinghouse and \\*thich is fllrthcr identified iri the affidavit be withhc)d from public disclosur~.in accordance with 10 CFR Section 2.790 of the Co~mission's regulations.
Corrcspondc~cc with resrcct to this application for withholding or the accompanying affidavit ~hould be addressed to the undersigned. /kek Enclosure Very truly ycurs,
- 1JjiJ)Llfl;;et1~u!J Robert A.
Wiese~ann, Manager Licensing P;ograms cc: J. W. Maynard, Esq. Office of the Executive Legal Director, NRC
I. ' /\\W-7G..:.39 . /\\Ff JO/\\ V IT COt*:MOlME/\\LTll QF FENilSYLV/\\11IA: SS courny OF ALLEGl!f;lY; Before r;ie, the undcrs i gncd a uth6rity, persona 11y appeared Robert A. Wiesemann, who, being by me duly sworn according to law, de-poses and says tlic~t he is authorized to execute this Affidavit on behalf of Hcstinghouse E~ectric Corporation (!'~/estin]house") and that the aver-ments of fact set forth in this Affidavit are true a~d correct to the best of his knowledge, info~rnatiQn, and belief: Sworn to and subscribed ~* /} beforepe thi s~(ct,, day o~!l.e ~/:;<.it__ 197 6. I. -t.~/~, /J((,, _ L'.,/.t/l,(J< ~ "'/c~:~.~('/! Notary Public t\\EE CCI\\ ft.. lt'r.I" c~. r;c1:_ 1.* ~ r.,:;~ *c ,IU:if.lll\\"lll l ~1,.. 1r..:... ii All £Ct1[1.Y 1.e1;;; I Y
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ut co~:i.11ss10;1..,.,...., * * * . -£d~{_9IluJc-tc-e:ca,< ij -Robc_r_t A. ~!i esc~;1*::nn, Manag_e_r_ Licensing Programs ---~*----*. ~----..... "*---*-......... _. *****--..... -*-**
.. '-76-39 (1) I am Manager,' liceniing Programs, in the PrcssLrized Waler Reactor Syst~ms Division, cf ~!cstinghouse Electric Cor~oration and as such, I have been specifically delegated the functio1 of reviewing the proprietary informction sought to be withheld from public dis-. closu~e in connect~on with nucl~ar power plant licensing or rule-making proceedings, and am authorized to apply for its withholdir.g on behalf of the Westinghouse Water Reactor Di1isions. (2) I am making this Affidavit in c6nformance with the provisions of 10 CFR Section 2.7j0 of the Coffi~ission 1 s regulations and in con-junction with the ~estinghouse application for withholding ac~ companying this Affidavit. (3).I have personal knowledge "of the criteria* and procedures utilized* Ly Westinghouse Nucle2r Energy Syster.1s in dt:;sigr.2ting inforr.iation as a trade secret, privileged or as confidential co::-.mercial or financial information. {4) Pursuant to the provisio~s of paragraph (b)(4) of Section 2.790 _of the Cotr.mission's regulations, the follm*1ir.g is furnished for consideration by the Corr::nission iri determini:1g v:hether the in-formation sought to be \\'tithheld from public disclosure should be wi thhc 1 d. (i) The informa~:ion sought to be \\'tithheld fro:n p:.iblic disclosure is O\\-tncd and has been held in confidence by Westinghouse. ~.. '** :'.... :}~...... ~. .,. **~::'*.** *.~** ... *=-... :.. -.* ...,.. --** *---..... ***--** ~.,,...........,.. :*...,.
I .* e /\\W-76-39 (iil The informution is of a type customaril~* held in confidence by Hestin9house and not customarily dis*:loscd to the public. Westinghouse has a rational basis for dr!termining the types of i~formution customJrily held in confidence by it and, in that connection, utilizes a system to d~termine when and whether to hold certain t.x_pes of information in confidence. The application of that system and the substance of that system constitute*s \\:estinghouse pol icy and provides the* rational busis required. Under that system, information is held in confidence if it falls in 01e or more of several types,* the release of which might result in the loss of an existing or potential com-petitive advantage, as follows: (b) I I The inform)tion reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's
- competitors without license fro~ Westinghouse consti-tutes a competitive economic advantage 6ver other
- compc.nies.
It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the appl ictition of \\*1hich data *secures a competitive economic advantage, e.g., by optimization or ir11proved mJrketabi1 ity.
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- - - - AU-76-39
- (c) Its use by a competitor would rcdu,:e h1s expenditure of r~sourccs or improve his cornp~t~tive position in the design, munufacture, shipment, ins*.all ution, assurance of quality, or licensing a similar product.
(d) It reveals cost or price information, production cap-acities, budget levels, or c~mmercial strateg~es of We~tinghouse, its customers or suppliers.*
- (e) It reveals aspects of past, present, or future *west-inghouse or cus~cmer funde~ develo?ment ~lans and pro-grams of potential cor.-:.--;;ercial value to !*.'csting_house.
(f) It contains patentable ideas,* for whi~h patent pro-tectio~ may be desirable. (g) It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agre~ments with the owner. There arc sound policy reasons behind :he Westinghouse ~ system \\'lhich include the follO\\'ling: (a) The use of such information by We:;tin.ghouse gives Westinghouse a co~petitive advantage over its com-petitors. It is, therefore, withheld from disciosure to protect the Westinghouse competitive position.
- .. s-
- !-7G-39 (b} It is information which is marketable in many ways.
"The extent to which such informatio*1 is available to competitors diminishes the Westingh)use ability to
- sell products and services involvinJ the use of the informLition.
(c) Use by our competitor would put Westin~h::)l:se at a competitive disadvantage by reducing his expenditure of rc;ources at our expens~.
- Cd)
Each component of proprietary i nfo:*ma tioQ pertinent to a particu.lar *cc;;:petitivc advanti.lge is potentially as valuable as t~e total co~petitive advantage. If competitors acquire compone~ts of proprietary infor-mation, any one component may be the key to the entire puzzle, thereby ~epriving Westinghouse of a corapctitive
- advantage.
(c) Unre~tricted disclosure would jeopardize the position of pro~inence*of Westinghouse in the world market~ and thereby give a market advantage t~ the competition in tnosc countries. (f} The Westinghouse capacity to invest corporate assets in research and development depc~ds ~pon the success in obtaining and maintaining a competitive advantage.
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'or-,;. i f I I .... ~...... ~.......... AW..:7G-39 (iii) The in'*orm.:ition is being transmitted to the Commission in confid~nce and, under the provisions of 10 CFR Section 2.790, it is 1.0 be received in confidence by the Commission. (iv) The information is not availGble in public sources to the best of our knowledge and belief. (v) The prcprietary information sought to be 1*tithheld in this submittal is that which is appropriately marked in the attachm2nt to Hestir.ghouse letter nu:.lbcr ~:S-CE-1153, EicheldingE:r to Stolz, dated AuJust 27,* 1976, concernjng _Westinghouie equip~2nt quali-(ic~tion prcgrams and thermal environ~ental_qualif~ceticn curve. The letter and attacr.~ent are being sutmitted in response to the NRC 1s request for infor~ation dater July 23, 1976. This information enables Westi'r.ghouse to: (a) De1elop test inputs and procedures to satisfactorily ve:~ify the design of Hestinghcuse supplied equipii:ent. (b) As~ist its customers to obtain licenses. Further, the information has substantial co~~ercial value as f o 1101*1s: (a) lfostinghousc can sell the use of this information to customers.
~, r* ~.. *t.f *. ~:: ~ \\. -* ---*-**------~~ =* :::=:--__ -:-__ --:--~_-__ -_-_--_-___ -__ -_ -----~-- ---- ---- --- u*_ - ~- 9 ..1-AW-7G-39 (b) WestinJhouse uses the information to verify the dcsi9n
- of equipment \\'ihich is sold to customers.
(c) Westinghouse can sell testing services tascd upon the experience gained ar.d the test equipment and ~ethods* developed. \\ Public disclosure. of this informatiori is likely to cause* - -~ -. ---- *---*- -- substantia~ harm to the co~petitive position of Westinghouse because it \\*~ould enhance the ability of cor:1p2titors to de-sign, manufacture, verify, and s~ll electric~1 equipment for commerc i a 1 pm*: er -re~ctors \\*Ji th out co;..~ensvrn te ex~ens es. Also, public disilos~re of the informati~n w~ul~ ena~le others having the saGe or similar equip~cnt !o use the infor-mation to meet HRC requirements for 1 icensin; dccu~entation without purchasing the right to use the info:TI~tion. The devel lpment of the equipment described in p2rt by the informati*rn is the result of r.iany years of d2v~1opii:ent by WestinghoJse and the expenditure of f considbrable sum of money. This could only be duplicated by a competitc; if. he \\vere to invest similar sums of money and provided ~e had the approprit:te talent available and could someh:**.:: obta.in the requisite experience. Further the d~poncnt saycth not.}}