ML18102B537
| ML18102B537 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 08/20/1997 |
| From: | Sepp H WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Collins S NRC (Affiliation Not Assigned), NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML18102B536 | List: |
| References | |
| CAW-97-1155, NUDOCS 9708260168 | |
| Download: ML18102B537 (8) | |
Text
RUG 20 ' 97 13: 08 FR V..1 CNFD Westinghouse Electric corporation Document Control Desk e
Energy Systems US Nuclear Regulatol'y Commissiot1 Washington. DC 20555 Attention; Samuel J. Collins, Director Office of Nuclear Reactor Regulation 412 374 2045 TO 816093391234 P.03/35 Bax 355 Pi1!Sburgn Pennsylvania 15230-0355 August 20, 1997 CAW-97-1155 APPLICATlON FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
WCAP* l 4672. "ComJitional EJC.tension of the Rod Misalignment Technical Specification for Salem Units 1 and 2,"' (Proprietary), August 1997.
Dear Mr. Collins:
The proprietary information for which withholding is being requested in the above-referenced letter is further identified in Affidavit CA W-97-1155 signed by the owner of the proprietary information, Westinghouse Etecn:ic 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 10 CFR Section 2. 790 of the Commission's regulations.
Accordingly, this letter authori:z:ed the utilization of the accompanying Affidavit by Public Service Electric & Gas.
Correspondence with respe~t to the proprietary aspecrs of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-97-1155, and should be addressed to the undersigned.
Enclosures cc:
Kevin Bohrer I NRC ( l2H5) 9708260168.970820 PDR ADOCK 05000272 p
PDR Very truly yours, il;1~6:i Regulatory and Licensing EngineeriJ?g
RUG 20 '97 13:10 FR W CNFD 412 374 2045 TO 816093391234 P.06/35 e
e CAW-97-1155 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
SS COUNTY OF ALLEGHENY; Before me, the undersigned authority, personally appeared Henry A. Sepp. 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 avennents of fact set forth in this Affidavit are true and correct to the best of his knQwledge, information, and belief:
Sworn to and subscribed before me this Z{) "1 ~day of ~
,1997.
Notarial Seal
,}_~alllEI M. Piplica, Notary Public
"'-'mevllle Beto, Atlegl'leny Countv My Commissiorl Expir8$ Dee. 14, 1999 Member. Pe11ns.ylllania As.soelafiOfl of Notaries
~,(~
Heru:YA:1ew. Manager Regulatory and Licensing Engineering
AUG 20 '97 13:10 FR W CNFD 412 374 2045 TO 816093391234 P.07/35 e
CAW-97-l 155 ( l'J I am Manager. Regulatory and Licensing Engineering. in the Nuclear Services Division. of the Westinghouse Electric Corporation and a.s such, r have been specifically delegated the function of revi~wing 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 hehalf of the Westinghouse Energy Systems Business Units_
(2)
I am making this Affidavit in conformance with the provisions of 10 CFR Sec£ion 2.790 of rhi:
Commission's regulations and in conjunction with the Westinghouse application for withholding accompanying this Affidavit.
(3)
I have personal knowledge of the crireria and procedures utilized by the Westinghouse Energy Systems Business Units 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.
(ii)
The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for detennining 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 infonnation in confidence. The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.
Under: thar 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, a.s follows:
(a)
The information ceveals 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.
AUG 20 '97 13:11 FR W CNFD 412 374 2045 TO 816093391234 P.08/35 e
CAW-97-1155 (b)
It consists of supporting data, including test da.ta., 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 tesources or improve his competitive position in the design. manufacture, shipment. installation, assurance of quality. or licensing a similar product.
(d)
Ir reveals cost or price information. production capacities, bud.get 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)
Ir contains patentable ideas, for which patent protection may be desirable.
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 i's, therefore. withheld from disclosure to protect the Westinghouse competitive position.
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 infonnation.
(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.
AUG 20 '97 13:11 FR W CNFD e 412 374 2045 TO 816093391234 e
P.09/35 CAW-97-1155
- 4 *
(e)
Unrestricted disclosure would jeopardize the posltlon of prominence of Westinghouse in the world market. and thereby give a market advantage to the competition of those countries.
(t)
The Westinghouse capacity co invest corporate assets in research and development depends upon. the success in obtaining and maintaining a competirive advantage.
(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 in confidence by the Co!l"snission.
(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 wi!hheld in this submittal is that which is provided in the document, WCAP* 14672, "Conditional E:x.tert$ion of the Rod Misalignment Technical Specification for Salem Units 1 al;ld 2," which is used for the "Exigent Request for Change to Technical Specifications, Movable Control Assemblies and Position Indicator Systems, Proprietary Information, Salem Generating Station No. 2, Facility Operating Licensing DPR-75, Docket No. 50-3 LL" report for submittal to the Commission, being transmitted by Public Service Electric & Gas in Docket No. 50-311 and Application for Withholding Proprietary Information from Public Disclosure, Henry A. Sepp, W, Manager Regulatory and Licensing Engineering to the attention of Samuel J. Collins, Director, Office of Nuclear Regulatory Regulation.
The proprietary information was provided by Westinghouse Electric Corporation.
This information is part of that which will enable Westinghouse to:
(a.)
Analyze plant conditions as they relate to operational issues (b)
Assist customers to obtain license changes for improved operational flexibility
i L
f:IUG 20 '97 13: 11 FR W 0--IFD 412 374 2045 TO 816093391234 e
e CAW-97-1155
- 5 -
Further this information has substantial commercial value as follows:
(a)
Westinghouse plans to sell the plant analyses to other customers to impi:ove plant operational flexibility (b)
Westinghouse can ur>e this information to further enhance their licensing position with their competitors.
Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Wesringhouse because it would enhance the ability of competitors to provide similar licensing programs for commercial power reactors without commensurate expenses. Also. pub lie. disclosure of the information would enable others to use the information to meet NRC licensing requirements without purchasing the right to use the information.
The development of 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 infotmation, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expe:rn:ted for develQping the improved fuel design.
Further the deponent sayeth not.
RUG 20 '97 13:09 FR W CNFD 412 374 2045 TO 816093391234 P.04/35 e
e Proprietary lnfonnatioo Notice Transmitted herewith are proprietary aod non-pr<.>prietary versions of documents furnished to the NRC.
In order to conform'to the requirements of IO CFR 2.790 of the Comrnission's regulations concerning the protection of proprietary information so submitted to the NRC, the information which is proprietary in the proprietary versions is contained within brackets. and where the proprietary information has been deleted in the non-proprietary versions, only the brackets remain (the information that was contained wirhin the brackets in the proprietary versions having been deleted). The justification for claiming the information so designated as proprietary is indicated in both versions by means of lower case letters (a) through (f) located as a superscript immediately following the brackets enclosing each itezn of information being identified as proprietary or in the margin opposite such information. These lower case letters refer to the types of information Westinghouse customarily holds in confidence identified in Sections (4)(ii)(a) through ( 4)(ii)(t) 6f the affidavit accompanying this transmittal pursuant to LO CFR 2. 790(b)( l )_
RUG 20 '97 13:09 FR W rnFD e 412 374 2045 TO 816093391234 e
P.05/35 Copyright Notice The documents transmitted herewith each bear a Westinghouse copyright notice. The NRC is petrnitted to make the number of copies for the information contained in these reports which are necessary t'or its internal use in connection with generic and plant-specific reviews and approvals as well as the issuance.
denial. amendment, transfer. renewal, modification, suspensi<:m, revocation, or violation of a license.
permit, order, or regulation subject to the requiremenrs of 10 CFR 2.790 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse. copyright protection not withstanding. With respect to the non-proprietary versions of these reports. the NRC is permitted to make the number of copies beyond these necessary for its internal ~se which are necessary in orde~ ro have one copy available for public view.ing in the appropriate docket files in the public document room in Washingtob, DC and in local public document rooms as may be requi!:'ed by NRC regulations if the number of copies submitted is insufficient for this purpose. Copies made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.