ML18086B101

Authorizes Utilization of Encl 761201 Affidavit for Withholding Info from Public Disclosure in Support of Util Document Entitled, Reactor Actuation Sys Setpoint Methodology.

ML18086B101
Person / Time
Site:	Salem
Issue date:	11/25/1981
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Varga S Office of Nuclear Reactor Regulation
Shared Package
ML18086B100	List: ML18086B099 ML18086B101 ML20038B548
References
CAW-81-84, NUDOCS 8112080376
Download: ML18086B101 (8)

Text

• Westinghouse Water Reactor Nuclear Technology Division Electric Corporation Divisions Box 355 Pittsburgh Pennsylvania 15230 Director of Nuclear Reactor Regulation November 25, 1981 Attn: Mr. S. A. Varga, Chief CAW-81-84 Licensing Branch Number l Division of Licensing U. S. Nuclear Regulatory Commission Phillips Building 7920. Norfolk Avenue \

Bethesda, Maryland 20014

SUBJECT:

Public Service Electric &Gas, Salem Unit Two (Docket No. 50-311),

Westinghouse Reactor Protection System/Engineered Safety Features Actuation System Setpoint Methodology (Proprietary)

REF: Public Service Electric&. Gas Application for Withholding, November 1981

Dear Mr. Varga:

The proprietary material for which withholding is being requested by .Public Service Electric & Gas is of the same technical type as that proprietary material previously submitted by Westinghouse concerning Westinghouse responses to NRC questions on the Westinghouse Improved Thermal Design Procedure. The previous application for withholding, AW-76-60, was accompanied by an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation.

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. The subject proprietary material is being submitted in support of Public Service Electric & Gas, Salem Unit Two.

Accordingly, this letter authorizes the utilization of the previously furnished affidavit i.n support of Public Service Electric & Gas, Salem Unit Two. A copy of the affidavit, AW-76-60, dated December 1, 1976, is attached.

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Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavits should reference CAW-81-84 and should be addressed to the undersigned.

Very truly yours,

/bek Attachment r ~:n~: ~:nager Regulatory & Legislative Affairs cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC

( 8112080376 81113w*

I PDR ADOCK 05000311 P * - . PDR

'lh AW-76-60 AFFIDAVIT*

COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY Of *ALLEGHENY:

• .~

\

Before me, the undersigned authority, personally appeared Robert A. Wiesemann, who, being by me duly sworn according to law, de"."

poses and says that he is authori.zed to execute this Affidavit on behalf 11 of Westinghouse Electric Corporation ("Westinghouse ) and that the aver-ments of fact set forth in this Affidavit are true and correct to the best of his kno\'tledge, information, and belief:*

.-- ~WJ.J~~!a!M,wJ Robert A. Wiesemann, Manager Licens~ng Programs Sworn to and subscribed before"' me this~ day of jf.~.tu1xlaA) 1976

• I I

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• • Notary*

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Pub 1i c. --~:::

... l AW-76-60

( l) I am Manager, J,,Jcens i ng Pro grains, in the Pressurized Water Reactor Systems Division, of Westinghouse Electric Corporation an_d 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-inaking proceedings, and am author)ied to apply for its withholding

\ . ...

on behalf ~f the Westinghouse Water 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 Westinghouse application for withholding ac-companying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Energy Systems in designating information

• as a trade secr~t, privileged or as confidential corrm1ercial 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 Commiss.ion in determining whether the in-tormation sought to be withheld from public disclosu~e should be withheld.

( i) The information sought to be withheld~from public disclosure is owned and has been-held in confidence by Westinghouse.

AW-76-60 (ii ) The information is of a type customarily held in confidence by w*estinghouse 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 inform~t1on in ~onfidence. The ap-

~

plication of that system and the substance of that system constitutes Westinghouse po 1icy and pro vi des 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's 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 data secures a competitive economic advantage, e.g., by optimization or 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, ins ta 11 ati on, assurance of quality, or licensing a similar product.

(d) It reveals cost or pric.e*'*1nformation, 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 funded development plans and pro-grams of potential commercial value to Westinghouse.

{f) It contains patentable ideas, for which patent pro-.

tection may be desirable.

(g) It is not the property of Westinghouse,. but must be treated as proprietary by Westi'nghouse according to agreements with the owner.

There are sound policy reasons behind the Westinghouse system which include the fa 11 owing:

(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 competitive position.

AW-76-60

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

The extent to *which such information is available to competi tor9 di mini shes the Westinghouse ability to .

sell. products and services involving the use of the information.

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

{d) *Each component of proprietary information pertinent to a particular competitive advantage is potentialJy as valuable as the total competitive advantage. If competitors acquire components of proprietary infor-

. ma ti on, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive

. advantage.

(e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in 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 obtainin~ and maintaining a competitive advantage.

• AW-76-60 I . (iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.790, it is to be received i Ii confide nee by the Cammi ss ion.

(i_v) The information is not available in public sources to the best of our knowledge and be~jef.

(v) The proprietary information sought to be withheld in this sub-mittal is that which is appropriately marked in the attach-ment to We~tinghouse letter number NS-CE-1298, Eicheldinger to Stolz, dated December 1, 1976, concerning informat1on relating to NRC review of WCAP-8567-P and WCA~-8568 entitl~d, hlmproved

• Thermal Design Procedure, defining the sens*i ti vity of DNB 11 ratio to various core parameters. The letter .and attachment are being submitted in response to the NRC request at the October 29, 1976 NRC/Westinghouse 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 customers assuring them of safe and reliable operation.

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

(

-.,,, ~ . * .' .\ ~

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 co1Th~ercial value as follows:

(a) ~es~inghouse uses the information to perform and justify analyses \*Jhich are sold to customers.

{b) Westinghouse sells analy~is 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

. I position of Westinghouse because competitors could utilize this information to assess and just~fy 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 method development pro-gram which has been underway during the past two years.

Altogether, a substantial ~mount 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.

Furtner *the deponent sayeth not *

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