ML20002A090

Requests Encl Mass & Energy Release Rate Tables for Main Steam Line Break Be Withheld (Ref 10CFR2.790)

ML20002A090
Person / Time
Site:	05000502
Issue date:	01/11/1979
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML20002A089	List: ML20002A087 ML20002A090
References
CAW-79-02, CAW-79-2, NUDOCS 7902090245
Download: ML20002A090 (12)

Text

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t W Westinghouse ElecIric Corporation Power Systems ewasystemsavism Bcx355 PittsburgfiPerrs/ma 15230 CAW-79-02 Mr. Harold R. Denton, Director January 11, 1979 Office of fluclear Reactor Regulation U. S. fluclear Rcgulatory Conmission 7920 florfolk Avenue Bethesda, Maryland 20014 APPLICATI0ll FOR UITHHOLDIf1G PROPRIETARY IfiFORMATI0t1 FROM P!lBLIC DISCLOSURE

SUBJECT:

" Main Steam Line Break Mass and Energy Releases: Haven fluclear Plant" REF: Wisconsin Electric Power Company letter, Burstein to Denton, transmitting Main Steam Line Break Mass and Energy Releases, dated January 1979

Dear Mr. Denton:

The proprietary material transmitted by the referenced letter is of the same technical type as the proprietary material previously submitted con-cerning Mass and Energy Releases to Containment for a Main Steam Line Break. Further, the affidavit submitted to justify the material pre-viously submitted, AW-76-29, is equally applicable to this material .

Accordingly, withholding the subject information from public disclosure is requested in accordance with the previously submitted non-proprietary affi-davit and application for withholding, AW-76-29, dated July 23, 1976, which was approved by the Commission on June 14, 1978, a copy of which is attached.

The averments of the referenced affidavit, AU-76-29, as supplemented, apply equally to the subject submittal and are hereby incorporated by reference. Furthermore, the complete documentary basis for the Con-mission's approval of the justification for withholding such information can be found in f;RC Docket flumber 50-348 and 50-364.

Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW-79-02, and should be addressed to the undersigned.

Very truly yours, ALM

/bek Robert A. Wiesemann, flanager Attachment Regulatory & Legislative Affairs cc: J. A. Cooke, Esq. (fiRC) 9 0 2 0 9 () 2K

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Before me, the undersigned authority, personally appeared' ,

. Robert A. !!iesemann, who, being by m.: Aly sworn according to law, de- -

, poses and says that he is' authorized to execute this Affidavit on behalf .

of llestinghouse Electric Corporation '("llestinghouse") and that the aver-ments of fact set forth in this Affidavit are true and corre,ct to the

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'. best of his knowledge, information, and belief: ..- .

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. . R.obert A. Wiesemann, Manager .

Licensing Programs J. . .. .. , ,

Snorn to and subscribed -

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before.ac.thisr2 I day

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.(1) I am !!anager, t'icensing programs, in'the pressurized Uater Reactor Systems Division, of Westinghouse, Electric Corporation and as such,

, I have been specifically delegated the function of revicuing the

. ' proprietary information sought to be withheld from public dis-closure in connection with nuclear pouer plant licensing or rule-

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'93 Ping pr.oceedings, and am authorized to apply for its withholding' on behalf of the Westinghouse llater Reactor Divisions. ,

(2) I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.790 of the Ccmission's regulations and in con-junction with the Alabama power Company application for withholding .

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, accompanying this Affidavit. ,

- '(3) I have' personal knowle~dge of the criteria and procedures utilized by Westinghouse Nuclear Energy Systems in designating information

.. as a trade secret, privileged or as confidential com.T.ercial or

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'.' ~ financial information. . - . . .

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(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Cornission's regulations, the following is furnished for

- consideration by the Ccccaission in determining whether the in-formation sought to be uithheld from public disclosure should be withheld. - l H

(i) TheinformationsoughttobeEithheldfrompublicdisclosure

.is owned and has been held in confidence by Westinghouse. r i .

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.(ii) The information is of'a type customarily held in. confidence

. by. Westinghouse and not customarily disclosed to the public.

!!cstinghouse 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:  ;

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(a) The information reveals the distinguishing aspects of . r

- a process (or component, structure, tool, method, etc.) .

. where preventica of its use by any of Westinghouse's. .

- competitors without license from Westinghouse consti- .

tutes a competitive economic advantage over other

. companies. -

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(b) It consists of supporting data, including test data,, ..

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relative to a process (or component, structure, tool..

i cnthod, etc.), the application of which data secures a competitive econcaic advantage, e.g., by cptimization or improved marketability.

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of resources or improve his competitive position in the f design, manufacture, shipment, installation, assurance of o,uality, or licensing a similar product. .

It reveals cost or price infonction, production cap- .

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acities, budget levels, or comr.ercial strategies of ,

llestinghouse, its customers or suppliers. -

(c) It reveals aspects of past, present, or future t! cst- -

inghouse or customer funded development plans and pro- '

. grams of potential co.wr.ercial value to !!estinghouse. .<

(f) It contains patentable ideas, for which patent pro-.~

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tection may be desirable. , 7, 6- +

(g) It is not the property of llestinghouse, but must be.

treated as propcietary by !lestinghouse according to .

- agreements with the owner. .

Il etc are sound policy reasons behind the llestinghouse .

system which include the following:

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(a) The use of such information by ifestinghouse gives , , , ,, , ,

- Ifestinghouse a competitive advantage over its com-petitors. It is, therefore, uithheld from disclosure to protect' the flestinghouse competitive position.

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It is information which is marketable in many ways.

(b)

The extent to which such information is available to competitors diminishes i.he Westinghouse ability to sell products and services involving the use of the ,

information.

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(c) .Use by our competitor would put Westinghouse ct a ,

- competitive disadvantage by reducing his expenditure

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- 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 ccmponents of proprietary infor-ma' tion, any one component may be the key to the ent'ir,e

. puzzle, thereby depriving Uestinghouse o.f a competitive ,

,advantage. ..- .

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(c) Unrestricted disclosure would jeopardize the position of promin2nce of Westinghouse in the world market,  ;

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and thereby give a market advantage to thL competition

'in those countries. .

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(f) The Uestinghouse capacity to invest corporate assets ,' ,_

." in research and development depends upon the success in obtaining and maintaining a competitive advantage.

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(iii) The information is being transmitted to the Commission in

- - - confidence and, under the provisions of 10 t.FR Section 2.790,

.. .- . it is to be received in confidence by the Co:Tn. ssion.

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. (iv) The information is not available in public sources to the

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best of our knowledge and belief.

- - - (v) The proprietary information sought to be withheld in this l- - submittal is that which is appropriately marked in the en-

- closed material with regard to Steam Line Dreak Release 7 To The Containment being transmitted to the Commission by Alabama power Company letter, Clayton to Boyd dated August ,

1976. .

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.- This information cnables Westinghouse to:I "g -

-(a) Justify the design basis for emergency systems. ,. ,

. 5 (b) Assist its customers to obtain licenses. . ,

-- (c) Optimize long-term cooling design.

(d) Verify computer codes used for accident analyses.

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Further, this information has substantial commercial value as follows: .. .

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(a) llestinghouse sells the use of the information to its

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customers for-purposes of meeting f!RC requirements for

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. licensing documentation. ,, .

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(b) lfestinghouse uses the information.to perform and justify anulyses which are sold to customers.

Public disclosure of this information is likely to cause sub- '

stantial harm to the competitive position of tiestinghouse '

because it would enable others to use the information to meet HRC requirements for licensing documentatien without purchasing.

the right to use the information.

. . . . e Th'c development of this information is the result of many years ~

- of l!cstinghouse effort and the expenditure of a consider 5,le

.. '. lsumofmoney.' -

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In order for ccmpetitors of !!estinghouse to duplicate this .

- informa' tion, similar experimental test programs would have ,

'. - to be performed and a significant manpower effort, having the requisite talent and experience, would have to be l -

l . expended for data analyses and .code .,

development. . .. .

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Further the deponent sayeth not. .. .. . .. . . . . .. .

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