ML20002C911
| ML20002C911 | |
| Person / Time | |
|---|---|
| Site: | Sequoyah  |
| Issue date: | 01/02/1981 |
| From: | Mills L TENNESSEE VALLEY AUTHORITY |
| To: | Schwencer A Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19260G445 | List: |
| References | |
| NUDOCS 8101120411 | |
| Download: ML20002C911 (9) | |
Text
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TENNESSEE VALLEY AUTHORITY CHATTANOOGA. TENNESSEE 37401 17 y 400 Chestnut Street Tower II T@i m
January 2, 1981 i M JAN 12 1:1 9 q Director of Nuclear Peactor Ibgulation
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Attention: Mr. A. Schwencer, Chief p'H ',; r,'icg3 Licensing Branch No. 2 Cli Division of Licensing U.S. Nuclear kgulatory Omnission Washington, DC 20555
Dear Mr. Schwencer:
In the Matter of the Application of
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Docket Nos. 50-327 Tennessee Valley Authority
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50-328 NURID-0737, part II.F.2, Instrumentation for Inadequate Core Cooling, requires 'IVA to subnit details of the Beactor Vessel Level Instrumentation Systen (RVLIS) for Sequoyah Nuclear Plant. 'Ihe following doctynents are enclosed.
1.
One -(1) copy of " Summary Report, Westinghouse Peactor Vessel Ievel Instrumentation System for Monitoring Inadequate Core Cooling" (UHI Plant), December 1980 (Proprietary).
2.
One (1) copy of "Sunnary Peport, Westinghouse Reactor vessel Level Instrumentation System for Monitoring Inadequate Core Cooling" (UHI Plant), Decudwr 1980 (Non-Proprietary).
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Also enclosed is one (1) copy of Application for Withholding CAW-80-77 f
(Non-Proprietary).
Additional copies of the proprietary and non-proprietary recorts were provided by Westinghouse letter NS r2%-2359, December 23, 1980.-
As this sutmittal contains information proprietary to Westinghouse Electric Corporation, it is' supported by an affidavit signed by Westingbouse, the owners of the information. 'Ihe affidavit sets forth the basis on which'the:
information may be withheld frm public disclosure by the ccrmission and addresses with specificity the considerations listed in paragraph (b)(4) of
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Section 2.790 of the Ccmmission's regulations.
Accordingly, is is respectfully requested that'the'information which is proprietary to Westinghouse be withheld frca public disclosure. in accordance with 10 CFR Section 2.790'of the Comission's regulations.
Correspondence with respect to the proprietary aspects of this application for withholding or the supporting Westinghouse affidavit should reference CAW-80-77 and should be addressed to R. A..Wiesemann, Manager,: Regulatory and Legislative Affairs, Westinghouse Electric Corporation, P. O. Box.355, Pittsburgh,' Pennsylvania 15230.
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a An Equal opportunity Employer ~
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TVA's review of this mterial is engoing. If caments arise frm WA's review, they will be forwarded to you at a later date.
r P ease get in touch with D. L. Imbert at F'IS l
857-8 Very truly yours,
_Td~ 2ESSEE VATJM AunudW
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ger fafey Sworn to arvi subscribed before m thisp/< / day of / r. x 19807pp bh tu-fk'h<u w4,
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Westingh00Se Water Reactor uu~mce:am Electric Corporation Divisions 3.e3
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December 23, 1980 CAW-80-77 Mr. Darrell G. Eisenhut, Director Division of Licensing Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Phillips Building 7920 Norfolk Avenue Bethesda, Maryland 20014 ATTN:
Lawrence E. Phillips Core Performance Branch, DSI APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
SUBJECT:
Summary Report, Westinghouse Reactor Vessel Level Instrumenta den System for Monitoring Inadequate Core Cooling (UHI Plant),
December 1980 REF: NUREG-0737 Part II.F.2, Instrumentation for Inadequate Core Cooling
Dear Mr. Eisenhut:
The proprietary material transmitted by the referenced letter supplements the proorietary material previously submitted concerning the Westinghouse development of ECCS models.
Further, the affidavit submitted to justify the material previously submitted, AW-77-18, was-approved by the Commission en October 28, 1977, and is equally applicable to this material.
Accordingly, withholding the subject information from public disclosure is requested in accordance with the previously submitted affidavit and appli-cation for withholding, AW-77-18, dated April 6,1977, a copy of which is attached.
Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW-80-77, and should be addressed to the undersigned.
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l Very truly yours, h.Yh.
/bek RobertA.,diesemann, Manager j
Attacnment Regulatory & Legislative Affairs cc:
E. C. Shomaker, Esq.
Office of the Executive Legal Director, NRC l
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AW-77-18 AFFICAVIT CCWONWEALTH OF PE:::!$YL77.::IA:
ss COUNTY OF ALLEGHENY:
Before 1, the undersigned authority, personally appeared Robert A. Wiesemann, who, being by me duly sworn according to law, de-poses and says that he is authori::ed to execute this Affidavit on behalf of Westinghcuse Electric Ccrporation (" Westinghouse") and that the aver-ments of fact set forth in this Affidavit are true and correct to.the best of his knowledge, information, and belief:
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Robert A. Wiesemann,.unagar Licensing Programs Sworn to and subscribed before me this ef a day l
of j V 1977.
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, AW-77-18 (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 proprietary infor ation sought to be withheld frca public dis-closure in connection.iith nuclear power plant licensing or rule-making proceedings, and am authori::ed 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 10 CFR Section 2.790 of the Cc=ission's regulations and in cen-junction with the Westinghouse application for withholding ac-companying this Affidavit.
(3)
I have personal kncwledge of the criteria and procedures utilized by Wes tinghou:.' *!u
.r-'----" Systems in desisaating information as a trade secret, privileged or as confidential comercial or financial information.
(4)
Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Ccmission's regulations, the folicwing is furnished for
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consideration by the Ccamission in determining whether the in-l formatien sought to be withheld from public disclosure should be wi thheld.
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(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-77-13 (ii) The information is of a type customarily held in confidence by Westinghouse and not cus:cmarily disclosed to the public.
Westinghcuse has a rational basis for determining the types of information custcmarily 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 ap-plication 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 less of an existing or potential ccm-
. petitive advantace, as_ {cilcus:
(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 constitutes a ccmpetitive econcmic advantage over other ccmpanies.
(b)
It consists of supporting data, including test data, relative to a prccess (or component, structure, tool, method, etc.), the application of which data secures a competitive econcmic advantage, e.g., by optimization or l
improved marketability.
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% AW-77-18 (c)
Its use by a competitor would reduce his expenditure of resources or improve his ccmpetitive position in the design, manufacture, shipment, installation, assurance of quality, cr licensing a similar product.
(d)
It reveals ccs: or price information, production cap-acities, budget levels, or commercial strategies of Westinghouse, its custcmers or suppliers.
(e)
It reveals aspects of past, present, or future West-inshouse or custcmer funded cevelcpment plans and pro-grams of potential commercial value to Westinghouse.
(f)
It contains patentable ideas, for which patent pro-tection may ce cesirable.
(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 Westinghcuse
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system which include the following:
(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its ccm-petitors.
It is, therefore, witnheid from disclosure to protect.the Westingneuse ccmpetitive position.
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'% AW-77-18 (b)
It is information which is marke.able in many ways.
The extent to which such information is available to ccmpetitors diminishes the Westinghouse ability to sell products and services involving the use of the informaticn.
(c)
Use by our ccmpetitor would put Westinghcuse at a competitive disadvantage by reducing his expenditure of resources at our ex;ense.
(d)
Each compenent of proprietary information pertinent to a particular ccmpetitive advantage is potentially as valuable as tne total competitive advantage.
If competitcrs acquire compenents of procrietary infor-mation, any one compenent may te tr.e key to the entire puzzle, thereby depriving Westingneuse of a competitive advantage-(e)
Unrestricted disclosure would jeopardize the position
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~ of prominence of Westinghcuse in the world market, and thereby give a market advantage to the competition l
in these countries.
(f) The Westinghcuse capacity to invest corporate assets in research and develcpment depends upon the success in obtaining and maintaining a competitive advantage.
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, AW-77-!S (iii)
The information is being transmitted to the :c.mmission in confidence and, under the provisions of 10 C ? lection 2.730, it is to be received in confidence by the Crr tission.
(iv)
The informatien is not available in public sc.rces to the best of our knowledge and belief.
(v)
The proprietary information sougnt to be withheld in this submittal is that which is attached to Westic.gh:use Letter Number NS-CE-1003, Eicheidinger to Stolz, c: a i April 6, 1977.
The letter and attachment are being s'.
-itted in support of the Westinghouse emergency core c :oMr.g system evaluation model.
Public disclosure of the informatica sought tc be withheld is likely to cause substantial harm to the ccm.catitive position of Westinghouse, taking into account the value of the information to Westinghouse, the amount of effort and money expended by Westinghouse in developing the information, and considering the ways in which the inforn:ation could be acquired or duplicated by others.
Further the deponent sayeth not.
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