ML19341A175
| ML19341A175 | |
| Person / Time | |
|---|---|
| Site: | Trojan File:Portland General Electric icon.png |
| Issue date: | 01/07/1981 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Clarke R Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19260G481 | List: |
| References | |
| CAW-81-1, TAC-42281, TAC-43444, NUDOCS 8101220279 | |
| Download: ML19341A175 (10) | |
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.O Westinghouse Water Reactor maar mmenomsien Electric Corporation Divisions se e s Pitts0urgn Pennsylvania 152'A January 7,1981 Director of Nuclear Reactor Regulation CAW-81 -1 Operating Reactors Branch No. 3 Division of Licensing Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Comission Washington, D. C.
20555 ATTENTION:
Mr. Robert A. Clark, Chief APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
SUBJECT:
Additional Information on the Trojan Nuclear Plant Cycle 3 Startup and Power Escalation Testing Report REF:
Portland General Electric letter from B. D. Withers to R. A. Clark, January 1981
Dear Mr. Clark:
The proprietary material transmitted by the referenced letter is of the same technical type as material previously submitted concerning,the Westinghouse reload analytical methods.
Further, the request for withholding, AW-78-27, submitted with WCAP-9272, " Westinghouse Reload Safety Evaluation Methodology,"
in letter NS-CE-1731 dated March 22, 1978, is equally applicable to this material.
Accordingly, withholding the subject infonnation from public disclosure is requested in accordance with the original affidavit AW-76-31, dated July 3, 1976, a copy of which is attached.
It was submitted with letter NS-CE-ll42, dated July 27, 1976.
Correspondence with respect to this application for withholding or the accom-panying affidavit should reference CAW-81-1 and 'should be addressed to the undersigned.
Very truly yours, D.m.
/bek Robert A.
iesemann, Manager Regulatory & Legislative Affairs Attachment cc:
E. C. Shomaker, Esq.
Office of the Executive Legal Director, NRC M. Chatterton, Operating Reactors Branch No. 3 8101320$,]
AW-76-31 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 authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation (" Westinghouse") and that the aver-rents of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
Olh'24.[zgtngt_,
Robert A. Wiesemann, Manager.
Licensing Programs Sworn to and subscribed this 3 day befo m
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of 1976.
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Notary Public K.
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3 (1)
I am Manager, Licensing Programs, in the Pressurized Water Reactor Systems Division, of Westinghouse Electric Corporation and as such, l
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 Westiaghouse Water Rggetor 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 utili ed by Westinghouse Nuclear Energy Systens 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 r'egulations, the following is furnished for consideration by the Commission in determining whether the in-formation sought to be withheld from public disclosure should da withheld.
(1) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghou '.
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. AW-76-31 (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.
1?ue application of that system and the substance of that
""'jpl, 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:
. s (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 econcmic advantage over other
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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
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competitive economic advantage, e.g., by optimization or improved marketability.
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(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.
'z (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:
l (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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(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
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as valuable as the total competitive advantage.
If,
competitors acquire components of proprietary infor-mation, any one component may be the key to the entir,e puzzle, thereby depriving Westinghouse of a competitive advantage.
(e) Unrestricted disclosure would jeopardize the position
- of prominence of Westinghouse in the world market,
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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 obtaining and maintaining a competitive advantage.
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. AW-76-31
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(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 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 submittal is that which is appropriately marked in the attach-ment to Westinghouse letter No. NS-CE-1142, Eicheldinger to Eisenhut dated July 27, 1976 concerning reproductions of view-graphs used in the Westinghouse presentation to the NRC during the meeting on July 27, 1976 on the subject of Westinghouse l
Reload Safety Evaluation Methodology.
s This information enables Westinghouse to:
(a) Justify the design for the reload core (b) Assist its customers to obt=in licenses (c) Meet contractual requirements F
(d)
Provide greater flexibility to customers assuring them of safe and reliable operation.
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. AW-76-31 Further, this information has substantial commercial value as follows:
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(a) Westinghouse sells the use of the information to its customers for purposes of meeting NRC requirements for licensing documentation.
(b) Westinghouse use: the information to perform and justify analyses which are cold to customers.
(c) Westinghouse uses the information to sell nuclear fuel and related services to its customers.
Public disclosure of this information is likely to cause ub-stantial harm to the competitive position of Westinghousi jn selling nuclear fuel and related services.
Westinghouse retains a marketing advantage by virtue of the knowledge, experience and competence it has gained through long' involvement and considerable investment in all aspects l
of the nuclear power generation industry.
In particular Westinghouse has developed a unique understanding of the factors and parameters which are variable in the process of design of nuclear fuel and which do affect the in service performance of the fuel and its suitability for the purpose for which it was provided.
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i In all cases that purpose is to generate energy in a safe and efficient manner while enabling the operating nuclear gener-ating station to meet all regulatory requirements affected by the core loading of nuclear fuel.
Confidence in being able to accomplish this comes from the exercise of judgement based on
,exp p sce.
Thus, the essence of the competitive advantage in this field lies in an understanding of which analyses should be performed and in the methods and models used to perform these analyses.
A substantial part of this competitive advantage will be lost if the competitors of Westinghouse are able to use the results of the Westinghouse experience to normalize or verify their own process or if they are able to claim an equivalent under-standing by demonstrating that they can arrive at the safe,or similar conclusions.
Its use by a c:.mpetitor would reduce his expenditure of resources or improve his competitive -
position in the design and licensing of a similar product.
This infonnation is a product of Westinghouse. design technology.
As such, it is broadly applicable to the sale and licensing of fuel in pressurized water reactors.
The development of this information is the result of many years of Westinghouse effort e
and the expenditure of a considerable sum of money.
In order for competitors of Westinghouse to duplicate this process I
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would require the investment of substantially the sa.:e amount of effort and expertise that Westinghouse possesses and which was acquired over a period of more than fifteen years and by the investment of millions of dollars.
Further the deponent sayeth not.
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