ML18095A299
| ML18095A299 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 06/20/1990 |
| From: | Preston B Public Service Enterprise Group |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| LCR-90-09, LCR-90-9, NLR-N90126, NUDOCS 9006260218 | |
| Download: ML18095A299 (10) | |
Text
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Public Service Electric and Gas Company P.O. Box 236 Hancocks Bridge, New Jersey 08038 Nuclear Department JUN 2 O 1990 NLR-N90126 LCR 90-09 United States Regulatory Commission Document control Desk Washington, DC 20555 Gentlemen:
AFFIDAVIT FOR WESTINGHOUSE PROPRIETARY INFORMATION SUPPORTING REQUEST FOR LICENSE AMENDMENT FACILITY OPERATING LICENSE NOS. DPR-70 AND DPR-75 SALEM GENERATING STATION UNIT NOS. 1 AND 2 DOCKET NOS. 50-272 AND 50-311 In its letter dated April 12, 1990 (NLR-N90082), PSE&G transmitted Westinghouse proprietary information in support of a proposed increase to the allowable Main Steam Isolation Valve (MSIV) closure time for the Salem Generating Station.
The letter requested the proprietary information be withheld from public disclosure, pursuant to 10 CFR 2.790, and stated that an affidavit would be sent under separate cover.
Attached is a copy of the affidavit, signed by Westinghouse, supporting the proprietary nature of the information in PSE&G's letter of April 12, 1990.
Should you have any questions or comments on this transmittal, please do not hesitate to contact us.
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PDC The Energy People Sincerely,
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jotJJ B. A. Preston Manager - Licensing and Regulation
\\ 0 95-2168 (60M) 12-89
e D,ocument Control Desk NLR-N90126 c:
Mr. J. c. Stone Licensing Project Manager Mr. T. Johnson Senior Resident Inspector Mr. T. Martin, Administrator Region I Mr. Kent Tosch, Chief New Jersey Department of Environmental Protection Division of Environmental Quality Bureau of Nuclear Engineering CN 415 Trenton, NJ 08625
.JUN 2 0 1990
CAW-90-027 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, deposes and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation {"Westinghouse") and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
Sworn to and subscribed before me this // day of~, 1990.
/
Robert A. Wiesemann, Manager Regulatory and Legislative Affairs
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Notarial Seal
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Paulette Slonska. No1a!Y Public Monroeville Baro, Allegheny Cou Notary Public MyCornrnissionExpires~10.~.
M>;mber, Pennsylvania on of Notartas CAW-90-027 (1) I am Manager, Regulatory and Leg.islative Affairs, in *the Nuclear and Advanced Technology Division, of the Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing and rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems Business Unit.
(2) I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in conjunction with the Westinghouse application for withholding accompanying this Affidavit.
(3) I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems Business Unit 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 following is furnished for consideration by the Commission in determining whether the information 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 Westinghouse.
CAW-90-027 (ii) The-infbrmation is of a type customarily held in GOnfidence by Westinghouse 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 application of that system and the substance of that system constitutes Westinghouse 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 competitive 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.
CAW-90-027
. : (c)
Its use* by a *co.mpefitor wou.ld reduce. bis expenditure of resources or improve his competitive p'osition. in the design, *manufacture,.
shipment, installation, assurance of quality, or licensing a similar product.
(d)
It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
(e)
It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
(f) It contains patentable ideas, for which patent protection may be desirable.
(g)
It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse 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 competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive pas it ion.
CAW-90-027 (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 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 potentially as valuable as.
the total competitive advantage.
If competitors acquire components of proprietary information, 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 of those countries.
(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
CAW-90-027 (iii)
The information is being transmitted to the Commission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Commission.
(iv)
The information sought to be protected is not available in public sources or available information has not been previously employed in the same original manner or method to the best of our knowledge and belief.
(v)
The proprietary information sought to be withheld in this submittal is that which is appropriately marked in the letter report titled, "Response to NRC Questions Regarding Salem Limiting Steamline Break Analysis to Support An Increase in MSIV Closure Time", (Proprietary), for Salem Nuclear Generating Station being transmitted by the Public Service Electric & Gas Company (PSE&G) letter and Application for Withholding Proprietary Information from Public Disclosure, T. Crimmins, Vice President Nuclear Engineering, to NRC Document Control Desk; Attention Dr. Thomas Murley, April, 1990.
The proprietary information as submitted for use by Public Service Electric & Gas Company for Salem is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of the analytical methods used in the analysis of the main steam line break event and for justification of an increase in MSIV closure time.
CAW-90-027 This information is part *of that which will enable Westinghouse to:
(a)
Provide documentation of the analysis and methodology used for main steam line break event.
(b)
Provide documentation of the analysis and methodology used to support an increase in MSIV closure time.
(c) Assist the customer to obtain NRC approval.
Further this information has substantial commercial value as follows:
(a) Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for licensing documentation.
(b) Westinghouse can sell support and defense of its customers in the licensing process.
CAW-90-027 Public disclosure of* this proprietary information is likel'y to.
cause substantial harm to the competitive positiori of Westinghouse because it would enhance the *abi 1 ity of competitors to provide similar analytical documentation and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet Commission requirements for licensing documentation without purchasing the right to use the information.
The development ef the technology described in part by the information is the result of applying the results of many years' of experience in an intensive Westinghouse effort and the expenditure of.a considerable sum of money.
In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended for developing analytical methods.
Further the deponent sayeth not.