ML19340C413

Forwards Proprietary & Nonproprietary Versions of Slides Used in Westinghouse Proposal for Addressing Inadvertent Boron Dilution Event at Facility.Application for Withholding & Affidavit Encl

ML19340C413
Person / Time
Site:	Comanche Peak
Issue date:	11/07/1980
From:	Anderson T WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP., WESTINGHOUSE ELECTRIC CORP.
To:	Burwell S, Tedesco R Office of Nuclear Reactor Regulation
Shared Package
ML19260G402	List: ML19340C413 ML19340C417
References
NS-TMA-2337, NUDOCS 8011170224
Download: ML19340C413 (11)

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Westinghouse Electric Corporation Power Systems PM SystemsRasion Box 355 PittsturgnPematvania 15230 November 7, 1980 NS-TMA-2337 Mr. Robert L. Tedesco -

Assistant Director for Licensing Division of Licensing bg-Wh Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 2055F Attention: Mr. S. B. Burwell Licensing Branch II

Dear Mr. Tedesco:

Enclosed are:

1. Five (5) copies of the proprietary version of slides utilized f

in the Westinghouse proposal for addressing an inadvertent boron dilution event at Comanche Peak (Proprietary).

2. Ten (10) copies of the non-proprietary version of slides utilized in the Westinghouse proposal for addressing an inadvertent boron dilution event at Comanche Peak (Non-Proprietary).

Also enclosed:

l. One (1) copy of Application for Withholding (non-proprietary)

2. One (1) copy of original Affidavit (non-proprietary).

.This information was requested by your staff on October 15,1980, at a meeting held between your staff, Texas Utilities Services Inc. (TUSI),

and Westinghouse to discuss a Westinghouse proposal for addressing an inadvertent boron dilution event at Comanche Peak.

This submittal contains proprietary information of Westinghouse Electric Corporation. In conformance with the requirements of 10CFR2.790, as amended, of the Commission's regulations, we are enclosing with this submittal an application for withholding from public disclosure and an ,

affidavit. The affidavit sets forth the basis on which the information I may be withheld from public disclosure by the Commission.

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Mr. R. L. Tedesco Page Two Correspondence with respect to the affidavit or application for withholding should reference AW-80-68 and should be addressed to R. A. Wiesemann, Manager of Regulatory and Legislative Affairs, Westinghouse Electric Corporation, P. O. Box 355, Pittsburgh, Pennsylvania 15230.

Very truly yours,

/ .1 Q l /L c Lw C - ., n T. M. Anderson, Manager Nuclear Safety Department CRT/kk Enclosures

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Westinghouse Water Reactor "" enc:cif D* 53 Electric Corporation Divisions 3 033 Pittsburg4 Pentsf!v3raa 15230 1

November 7, 1980 AW-80-68 Mr. Robert L. Tedesco Assistant Director for Licensing Division of Licensing Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission 7920 Norfolk Avenue Bethesda, Maryland 20014 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

SUBJECT:

Information relating to NRC review of Westinghouse treatment of the Boron Dilution Transient at Comanche Peak REF: Westinghouse Letter No. NS-TMA-2337 Anderson to Tedesco dated November 7, 1980

Dear Mr. Tedesco:

This application for withholding is submitted by Westinghouse Electric Cor-paration (" Westinghouse") pursuant to the provisions of paragraph (b)(1) of Section 2.790 of the Commission's regulations. Withholding from public dis-closure is requested with respect to the subject informa~ tion which is further identified in the affidavit accompanying this application.

The undersigned has reviewed the information sought to be withheld and is authorized to apply for its withholding on behalf of Westinghouse, WRD, noti-fication of which was sent to the Secretary of the Commission on April 19, 1976.

i The affidavit accompanying this application 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 Section 2.790 of the Commission's regulations.

Accordingly, it is respectfully requested that the subject information which is proprietary to Westinghouse and which is further identified in the affi-davit be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Commission's regulations.

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Mr. Robert L. Tedesco November 7, 1980 4 AW-80-68 l-i Correspondence with respect to this application for withholding or the

!- -accompanying affidavit should reference AW-80-68 and should be addressed

'to the undersigned.

-Very truly yours,

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,$%'%bhD .jf4lLa:wa Robert A. Wiesemann, Manager Regulatory & Legislative Affairs

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Enclosure 4

cc: E. C. Shomaker, Esq.

1 Office of .the Executive Legal Director, NRC i.

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AW-80-68 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:

1bc b' ':llit.au Robert A. Wiesemann, Manager Regulatory and Legislative Affairs a

Sworn to and subscribed before me this 6 day of h d 1980.

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AW-80-68 (1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear Technology Division, of Westinghouse 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 Westinghouse Water Reactor Divisions.

(2) I am making this Affidavit in conformance with the provisions of 10CFR 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 secret, privileged or as confidential commerical 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 Comission 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 Westinghouse.

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AW-80-68 (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 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 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 consti-tutes a competitive economic advantage over other companies.

(b) It consists of supporting data, including test data, relative to a process (or compor.ent, str>cture, tool, method, etc.), the application of which daire secures a competitive economic advantage, e.g., by optreization or improved marketability.

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-4 q AW-80-68 (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 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 17 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 com-petitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

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i AW-80-68 (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 cornetitors acquire components of proprietary infor-mation, 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 d

in those countries.

(f) 'The Westinghouse capacity to invest corporate assets in research and development iepends upon the success in obtaining and maintaining a competitive advantage.

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AW-80-68 (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 is not available in public sources to the best of our knowledge and belief.

(v) The proprietary information sought to be withheld in this sub-uittal is that which is appropriately marked in the attach-mant to Westinghouse letter number NS-TMA-2337, Anderson to Tedesco, dated November 7,1980, concerning information re-lating to NRC review of the Westinghouse treatment of the Borcn Dilution transient at Comanche Peak. The letter and attachment are being submitted in response to the NRC request at the October 15, 1980 NRC/ Westinghouse Texas Utility Services Inc. meeting.

This information enables Westinghouse to:

.. (a) Justify the Westinghouse design.

(b) Assist its customers to obtain licenses.

(c) Provide operational flexibility to customers when not at power assuring them of safe and reliable operation.

l Further, the information gained from the Westinghouse treat-ment is of significant commercial value as follows:

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AW-80-68 (a) Westinghouse uses the information to perform and justify analyses which are sold to customers.

(b) Westinghouse sells analyses and the resulting electronic devices.

Public disclosure of this information concerning analysis methods and functional requirements is likely to cause sub-stantial 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 re-present a considerable amount of highly quclified develop-ment effort. This work was contingent upon a program which has been underway for the past four months. Al together, a substantial amount 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 provided he had the appropriate talent available.

Further the deponent sayeth not.