ML20024H337

Requests That Proprietary Rev 2 to FSV-P-SCP-100, Fort St Vrain Nuclear Generating Station Initial Radiological Site Characterization Program Program Description Be Withheld (Ref 10CFR2.790(b)(4))

ML20024H337
Person / Time
Site:	Fort Saint Vrain
Issue date:	05/14/1991
From:	Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19298E542	List: ML20024H333 ML20024H334 ML20024H337
References
CAW-91-158, NUDOCS 9105310236
Download: ML20024H337 (14)

Text

_ . - _ _ . , _ _ . _ _ _ . - _ _ _ . . _ . . _ _ _ . . _ . . _ _ - -

. _ _ _ _ _ . = . - - . . . .

b ATTACHMEf4T 4 <

TO P-91138 APPLICATION FOR WITHHOLDIt4G PROPRIETARY INFORMATION FROM PUBl.IC DISCLOSURE f

l-1 I

l l

l 9105310236 910515 ,

PDR ADOCK0500rg7 P l i

,1,..-.,,,.,,..~.m. y.,_-..--...,~..s.-.m--,---,--...,y,-,--....,~~,.-ry,ww,.

...r.,,v-.,-.--, , , - - * . . , - - c--..v--.w--e-.v--- - - --.myw-m--~'

Westinghouse Energy Systems $ 3$pwm u mma llectfic C0fp0tation May 14, 1991 CAW 91-158 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas Murley, Director attLK..llitN A f0fLRLIlitt010lHO PROLRlETAR1 INf0RMA110N FROM PUBLIC .DJ1C.LO.MJJB[

Subject:

fort St. Vrain Initial Radiological Site Characterization i Program, Rev.2

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the enclosed letter by Public Service Company of Colorado is further identified in Affidavit CAW 91-158 signed by the owner of the proprietary information.

Westinghouse Electric Corporation. The affidavit, which accompanies this letter, 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 10CfR Section 2,790 of the Ccmmission's regulations.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Public Service Company of Colorado.

Correspondence with respect to the proprietary aspccts of the application for withholding or the Westinghouse affidavit should reference this letter, CAW 91-158, and should be addressed to the undersigned.

Very truly yours, WESTINGHOUSE ELECTRIC CORPORATION lfft'<tl Ronald P. DiPiazza, Ma

//

r Operating Plant Licensing Support cc: M. P, Siemien, Esq., Of fice of the General Counsel, NRC V. Wilson, Nuclear Reactor Regulation -

, , . . . , - . , . . . - - - _.~ ~ -.- - ,- - - - - - - - ~ - - - - - - . - - - - - ~ - - - - - - - -

l I

1 1

l l

ATTACHMEl4T 5 TO P-91138 COPYRIGHT NOTICE t i

j

)

I R

k a . ---r.c..m......r ,_.- r e, -nmr.w,.#--.,, w-,n,-.~,,.~r.- . v. 4,--- w. bw .m e - r w . w.. r=w,w.. ww r ,w w, w, m e- . -~ w e -r e . w- m.e,. . , - , - - , - , - - <,,-,

Copyright Notice The reports transmitted herewith each bear a Westinghouse copyright notice.

The NRC is permitted to make the number of copies of the information contained in these reports which are necessary for its internal use in connection with generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 2.790 regarding restrictions on public disclosure to the '

extent such information has been identified as proprietary by Westinghouse, copyright protection not withstanding. With respect to the non proprietary versions of these reports, the NRC is permitted to make the number _ of copies beyond those necessary for its internal use which are necessary in order to have one copy available for public viewing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as may be required by NRC regulations if the number of copies submitted is insufficient for this purpose. The NRC is not authorized to make copies for the personal use of members of the public who make use of the NRC public document rooms. Copies made by the NRC must include the copyright notice.in all instances and the proprietary notice if the original was identified as proprietary.

l t

a W gW -

g1-mpa. Wg1,4-.qp.-ic.iawa e- - . - * . .g y y g.+.y,a p. ya.w v y4ay,m,--m-cap, , -wg .-+,g w s,,ww.---,.w-wesynwmi,-i,,rm,- -w w wmm-, w 1-- re-m- = = ma--w re --T-e,wgi-

n sa wra---~.s ..u m u m s -ws.mn.w.._u.m .~ s u ne sm a a u z w . - -.w a. .s =r a n -s -- = - a n 'c-- -w- -

~w a -~a.rus- ma. - sm a kanm .,

1 ATTACHMU4T 6 I TO P-91138 PROPRIETARY lt4 FORMAT 10N NOTICE I I

i P

k I

i I

l.

l

h PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VERSIONS Of-DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WilH REQUESTS FOR GENERIC AND/0R PLANT SPECIFIC REVIEW AND APPROVAL.

IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR2.790 Of THE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION S0 SUBMIT 1ED TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION llAS BEEN DELETED IN THE NON PROPRIETARY VERSIONS ONLY THE BRACKETS REMAIN, THE ,

INFORMATION THAT WAS CONTAINED WITHIN THE BRAT,KETS IN THE PROPRIETARY VERSIONS 2 HAVING BEEN DELETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION SO OESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY MEANS Of LOWER CASE LETTERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT IMMEDIATELY.FOLLOWING THE BRACKETS ENCLOSING EACH ITEM ON INFORMATION. THESE LOWER CASE LETTERS REFER TO THE TYPES OF INFORMATION WESTINGHOUSE CUSTOMARILY

- HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) THROUGH (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1). ,,

e-e-ary'emm-urr--

4 w-e w'-e wr my e -

^

ri-gr 'erwe'-*-*-gr-5-e'evv- w y 4 rw- g-w---w-muur,ww,-pswwf 4 W g y y w- :T-'r,em- *y+w*--wMr's7g-tF--+-W7**w-

I ATTACHMEin 7 TO P-91138 ,

AFFIDAVIT ,

k 4

J a

l l

l l

l l

l l

1

<--.._,-..-,,,.._.,.._:._u._-.._,..___._......_.-_ . _ _ . . _ _ - . _ . _ _ . . . . . _ . _ _ . _ _ . _ _ _ . - _ . _ _ _ . _ _ _ _ . . _ _ . _ . _ _ _ . ,

CAW-91-158 offlDAY.11 COMMONWEALTH Of PENNSYLVANIA:

ss COUNTY Of ALLEGHENY:

Before me, the undersigned authority, personally appeared Ronald P. DiPiazza, 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:

" t ' l? ]4,U Ronald P. DiPiazza, Madg/

Operating Plant Licensing Support Sworn to and subscribed A

before me this /4 day of 7l b _ , 1991.

O J

csw%h)//. E Notary Public Norm asut LoMAINE M PiPUCA,Not/Af PUBUC votAOEV!;.ti BoAo. ALLEGHENV COUNT f M/CCWS$CN DP.AES CEO 141M1 Me%er, Fwst<ars Auws%n sf Nort,a

- . . _ . . _ . . . , . ~ . . . _ . . _ _ _ _ _ . _ _ _ _ _ . . . _ . . . _ _ _ _ . . _ _ _ _ _ _ _ _ _ . . . . . . _ _ _ . _ . _ _ _ . _ . _ _ _ _ . .

1 2- CAW 91-158 (1) I am Manager, Operating Plant Licensing Support, in the Nuclear and Advanced Technology Division, of the Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant Itcensing and rulemaking proceedings, i and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems Business Unit. l (2) I am making this Affidavit in conformance with the provisions of 10CfR  !

Section 2.790 of the Commission's regulations and in conjunction with the I Westinghouse application for withholding accompanying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems Business Unit 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 regulations, the following is furnished for consideration by j the Commission in determining whether the information sought to be withheld from public disclosure should be withheld.

l (1) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

t

. ~ _ _ . _ . _ _ - . . _ .. _ . _ _ _ _ _ ___ _- _ _ _ _. _ _ _ _ _ ~ _ _. . _

CAW 91-158 (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 competitive 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 constitutes 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 economic advantage, e.g., by optimization or improved marketability.

4- CAW 91-158 (c) Its use by a compeittor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, asrurance of quality, or licensing a similar product.

4 (d) It reveals cost or ;.rica information, production capacities, budget levels, or commt .:ial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse, (f) It contains patentable ideas, for which patent protection may be desirable.

(g) It is not the property of Westinghouse, but must be treated as  !

proprietary by Wett5nhouse according to agreements with the owner, j 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 competitors. it is, tharefore, -

withheld-from disclosure to protect the Westinghouse competitive

.. position, .

+

1

-. --.-,n -~ --- ,--.+~.w,n--- - , ,.- -.- , - - - - - - - .~ --,e--, - - -,.w.---.,,.-.-----.-m----.---m- ,-mn..-.,,.--~~m-,, e es.,-.ww-,--.- -s .-m-e- ~.-rxw

CAW 91 158 (b) It is information which is marketable in many ways. The extent to which such information is availaole 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 l 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 advantaje. If competitors acquire components of proprietary information, 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 of 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.

CAW 91-158 l

l (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 sought to be protected is not available in public sources or available information has not been previously employed  ;

in the same original manner or method to the best of our j knowledge and belief. I (v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in

" fort St. Vrain initial Radiological Site Characterization Program,Rev.2",May,1991,(Proprietary),fortheFortSt.

Vrain Nuclear Generating Station, being transmitted by the Public Service Company of Colorado (PSC) letter and Application for Withholding Proprietary Information from Public Disclosure, A.

Clegg Crawford, PSC, to Document Control Desk, Attention Dr.

Thomas Hurley. The proprietary information as submitted for use by Public Service Company of Colorado for the fort. St. Vrain Nuclear Generating Station is expected to be applicable in other licensee submittals in response to certain NRC requirements for initial radiological site characterization programs for the decommissioning of Nuclear Gencrating Stations.

This information is part of that which will enable Westinghouse to:

(a) Provide documentation of the methodology used in the evaluation of the initial radiological characterizations of the site to plan for the subsequent decommissioning of the facility, ew,

CAW-91-158 Further this information has substantial commercial value as follows:

l (a) Westinghouse plans to sell the use of similar information to  ;

its customers for purposes of providing skilled nuclear j plant decommissioning services.

I

)

Public disclosure of this proprietary information is likely to l cause substantial harm to the competitive position of  !

Westinghouse because it would enhance the ability of competitors to provide similar documentation and licensing defense services for commercial power reactors without enmmensurate expenses.

Also, public disclosure of the information would enable others to use the information to mem NRC requirements for licensing documentation without purchasirg the right to use the information.

I The development of the technology' described in part by the I: information is .he result of applying the results of many years i

! of experience in an intensive Westinghouse effort and the l

i expenditure of a considerable sum of money.

In order for_ competitces of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having _the requisite talent and experience, would have to be expended for the development and identification of adequate methods for evaluation of this phenomenon.

Further the deponent sayeth not.

I I

l