ML19345B324
| ML19345B324 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley |
| Issue date: | 11/24/1980 |
| From: | Dunn C DUQUESNE LIGHT CO. |
| To: | Varga S Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19262F307 | List: |
| References | |
| TAC-8595, NUDOCS 8011280075 | |
| Download: ML19345B324 (11) | |
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November 24, 1980 Director of Nuclear Reactor Regulation United States Nuclear Regulatory Commission Atta:
Mr. Steven A. Varga, Chief Operating Reactors Branch No. 1 Division of Licensing Washington, DC 20535
Reference:
Beaver Valley Power Station, Unit No. 1 Docket No. 50-334 First Cycle Performance of Beaver Valley - Unit 1 Fuel Centlemen:
Attached are (5) copies of WCAP-9731, "First Cycle Performance of Beaver Valley Unit 1 Fuel" (Proprietary) and (10) copies of WCAP-97o9, "First Cycle Perfor=ance of Beaver Valley Unit 1 Fuel," (Non-Proprietary) submitted in response to your request.
As this submittal contains information proprietary to Westinghouse Electric Corporation, it is supported by previously submitted affidavits signed by Westinghouse, the owner of the information. The affidavits set forth the basis on which the information may be withheld from public disclosure by the Commission and address with specificity the consider-ations listed in paragraph (b)(4) of Section 2.790 of the Commission's regulations.
Accordingly, it is respectfully requested that the information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10 CFR Section 2.790 of the Commission's regulations.
Correspondence with respect to the proprietary aspects of the application for withholding or the supportins Westinghouse affidavits, should reference CAW-80-40, and should be addressed to R. A. Wiesemann, Manager, Regulatory and Legislative Affairs, Westinghouse Electric Corporation, P.O. Box 355, Pittsburgh, Pennsylvania 15230.
Very truly yours,
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C. N. Dunn Vice President, Operations Attachment ec:
Mr. D. A. Beckman (w/WCAP-9731)
U.S. Nuclear Regulatory Commission Beaver Valley Power Station Shippingpors, PA 15077 U.S. Nuclear Regulatory Com=ission (w/WCAP-9769) c/o Document Management Branch Washington, DC 20355 8011280 075-
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Westinghouse Water Reactor Nrew weczstse Electric Corporation Divisions g3 m:agnennrmana:5m August 7, 1980 CAW-80-40 Mr. James R. Miller, Chief Special Projects Branch Division of Project Management i
U.S. Nuclear Regulatory Commission l
Phillips Building 7920 Norfolk Avenue Bethesda, Maryland 20014 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE 4
SUBJECT:
WCAP-9731, "First Cycle Performance of Beaver Valley Unit I Fuel" (Proprietary)
REF: Duquesne Light's Letter, Dunn to Miller, dated August 1980 i
Dear Mr. Miller:
The proprietary material transmitted by the referenced letter is of the same technical type as the proprietary material previously submitted concerning rod bow. Further,-the affidavit submitted to justify the material previously submitted, AW-76-35, is equally applicable to this material.
Accordingly, withholding the subjcct information from public disclosure is -
. requested in accordance with the previously submitted non-proprietary affidavit and application for withholding, AW-76-35, dated August 13, 1976, a copy of which is attached.
Correspondence with respect to this application' for withholding should reference 1
CAW-80-40, and should be addressed to the undersigned.
j Very truly yours, e
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/bek Robert A. Wiesemann, Manager Attachment Regulatory & Legislative Affairs cc:
E. C. Shomaker, Esq.
Office of the Exa~r.ve Legal Director, NRC I
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Westinghause Power Systems N 5pu h Bectric Corporation Company sera em:amperamna ma August 13, 1976 AW-76-35 Mr. V. Stello, Jr., Director Division of Operating Reactors Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission 7920 Norfolk Avenue Bethesda, Maryland 20014 ApplICATICN FOR WITHHOLDING PR0pRIETARY INFORMATION FROM PUBLIC OISCLOSURE
SUBJECT:
Information relating to NRC notification, under 10 CFR 50.59(a) and 10 CFR S0.S5 (e), of geaeric problems on increased temperature in the upper head and DNB penalty associated with rod bow.
REF:
Westinghouse Letter No. NS-CE-ll61 Eicheldinger to Stello dated August 13, 1976
Dear Mr. Stello:
This applicatirn for withholding is submitted by Westinghouse Electric Corporation (" Westinghouse") pursuant to the provisions of paragraph (b)(1) of Section 2.790 of the Commission's regulations. Wi thholding from public disclosure is requested with respect to the subject infor-mation which is further identified in the affidavit accompanying this appli cation.
The ungersigned has reviewed the information sought to be wiO.' eld and is authori:ed to apply for its withholding on behalf of Restinsnouse, WRD, notification of which was sent to the Secretary of the Commission on April 19, 1976.
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 wnich is further identified in the affidavit be withheld from public disclosure in accordance with 10 CER Section 2.790 of the Commission's regulations.
2-August 13, 1976 Mr. V. Stello, Jr.
AW-76-35 Correspondence with respect to this application for withholding or the accompanying affidavit should be addressed to the undersigned.
Very truly yours, if% M Katu Robert A. Wiesemann, Manager Licensing Programs Enclosure cc:
J. W. Maynard, Esq.
Office of the Executive Legal Director, NRC I
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AW-76-35 AFFIDAVIT
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COMMONWEALTH OF PENNSYLVANIA:
ss COUNTI CF 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 e.ver-ments of fact set forth in this Affidavit are true and correct to the best of his knowledge, infonnation, and belief:
[h *ddB/Et Ua d'm Rooert A. Wiesemann, Manager Licensing Programs Sworn to and subscribed beforef:e this 1 day of bure,[
1976.
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. AW-76-35 l
(1)
I am Manager, Licensing Programs, in the Pressurized Water Reactor Systems Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the propr ietary infornation sought to be withheld from public dis-closure in connection with nuclear pcwer plant licensing or rule-making proceedings, and am authorized to apply for its withholding on br.nalf of the Westinghouse Water Reactor Divisions.
(2)
I am making this Affidavit in confomance with the provisions of 10 CFR Section 2.790 of the Comission's regulations and in con-junction w'th 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 commercial or financial information.
(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Comission's regulations, the folicwing is furnished for consideration by the Commission in determining whether the in-fomation sought to be withheld from public disclos 2re should be wi thhe!d.
(1) The information sought to be withheld from public disclosure is owned by Westinghouse and by other parties and has been held in confidence by Westinghouse.
. AW-76-35 (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 customkrily 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 ccm-petitive advantage, as follows:
(a) The information reveals the distinguishing aspects of a process (or component, s tructure, tool, methoc, etc.)
where prevention of its use by any of Westinghouse's competitors without license from Westir 'ause consti-tutes 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 econcmic advantage, e.g., by optimization or improved marketability.
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. AW-76-35 (c)
Its use by a ccmpetitor would reduce his expenditure of resources or improve his ccmpetitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.
(d)
It reveals cost or' price informaticn, 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 Westinghouse according to agreements with the owner.
There are sound policy reasons behind the Westinghouse system which inciude the following:
(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its com-peti tors.
It is, therefore, withheld from disclosure
's protect the Westinghouse ccmpetitive position.
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. AW-76-35 (b)
It is information which is merketable in many ways.
The extent to which such information is available to competitors diminishes the Westinghouse ability to sell procucts and services involving the use of tne information.
(c) Use by cur competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure o' 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 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 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-76-35 (iii) The information is betag transmitted to the Commission in
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confidence and, under the provisions of 10 CFR Section 2.790, it is to be received in confidence by the Ccomission.
(iv) The information is not available in public source
+o 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 number NS-CE-ll61, Eicheldinger to Stello, dated August 13, 1976, concerning information relating to NRC notificatian, under 10 CFR 50.59(a) and 10 CFR 50.55(e),
of generic problens on increased temperature in the upper head and DNB penalty associated with rod bow.
The letter and attachment are being submitted in response to the NRC request at the August 9,1976 NRC/ Westinghouse meeting.
This information enables Westinghouse to:
(a) Justify the Westinghouse design correlations.
(b) Assist its customers to obtain licenses.
(c) Meet warranties.
(d) Provide greater flexibility to customers assuring them of safe and reliable operation.
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7-AW-76-35 (e) Optimize performance while maintaining high level of fuel integrity.
Furtner, the information gained from the rod bcw program is of signi ~ cant ccmmercial value as follows:
(4) Westinghouse uses the information to perform and justify analyses which are sold to customers.
(b) Westinghouse sells testing services based upon the experience gained and the test equipment and methods developed.
Public disclosure of this information concerning C.??3 penalty associated with rod bow is likely to cause substantia: harm to the competitive position of Westinghcuse because com-petitors could utilize this information to assess and justify their own designs without commensurate expense.
The tests performed and their evaluation represent a con-siderable amount of highly quali#ied development effort.
This work was contingent upon a DNB development and testing program which has been underway during the past four years.
Altogether, 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 ard pro-vided he had the appropriate talent available.
Further the deponent sayeth not.
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