ML20029B671
| ML20029B671 | |
| Person / Time | |
|---|---|
| Site: | Fort Saint Vrain  |
| Issue date: | 03/05/1991 |
| From: | Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19310D318 | List: |
| References | |
| CAW-91-136, NUDOCS 9103140061 | |
| Download: ML20029B671 (10) | |
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March 6,*1991
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Westinghouse Energy Systems em W i
Electric Corporation Bea3$5 1
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CAW-91 136 March 5, 1991 t
U.S. Nuclear Regulatory Commission Document Control Desk Washington, DC 20555 Attention:
Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY lil[0RMAT103 fROM P@Ll[._Ril10ERE
Subject:
Estimated Blast Effects from Fort St. Vrain Well No, 11
Dear Dr. Murley:
The proprietary information for which withholding is being requested in the above-referenced letter is further identified in Affidavit CAW-91 136 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 the specificity the considerations listed in Paragraph (b)(4) of 10 CFR Section 2.790 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Public Service Company of Colorado.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW 91-136, and should be addressed to the undersigned.
Very truly yours, NYL d 'VA R. P. OlPlazza, Mani Operating Plant Licensing Support i
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Enclosures cc:
M. P. Siemien, Esq., Office e u.e General Counsel. NRC V. Wilson, NRR 9103140061 919306 ADOCK0500g7 POR P
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March 6, 1991 P-91084 PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WI fH REQUESTS FOR GENERIC-AND/0R. PLANT SPECIFIC REVIEW AND APPROVAL, IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10 CFR 2.790 0F THE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION S0 SUBMITTED TG ThE NRC, THE INFORMATION WHICH IS PROPRIETARY IN 'THE PROPRIETARY VERSIONS IS CONTAINED IN ATTACHMENT 2a.
ATTACHMENT 2b CONTAINS THE NON-PROPRIETARY INFORMATION.
THE JUSTIFICATION FOR-CLAIMING THE INFORMATION.S0 DESIGNATED AS " PROPRIETARY" 15 THAT-THIS INFORMATION PROVIDES DOCUMENTATION OF METHODOLOGY USED IN THE EVALUATIONS OF POTENTIAL EFFECTS DUE TO THE RELEASE OF ' NATURAL GAS AND DEFLAGRATION WHICH HAS SUBSTANTIAL COMMERCIAL VALUE TO WESTINGHOUSE.
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March 6, 1991 P-91084 -
CAW-91-136 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
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Before me, the undersigned authority, personally appeared Ronald P. DiPiazza, who, being by me duly sworn according to law, l
deposes and says that he is authorized to execute this Affidavit on i
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:
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j Ronald P. DiPiazza, ilarldg[h Operating Plant Licensing Support l
Sworn to and subscribed before me this d day of Y a olt, 1991..
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i Notary Public NOTAAAL SE AL LOR AA!NE M PIPLicA. tLOTARY PUSUc MONROEV'.LLE D?AO, ALLEMNY COUNTY MYCCMMisSCN EXP;RES OEc 14.1M1 Mertber, Pwsylva*ua /w.crzo cf Nea"c3
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, CAW 91-136 4
(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 licensing and rulemaki_ng proceedings, and am authorized to apply for its withholding on behalf.of'the -
Westinghouse Energy Systems Business Unit'.
'(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 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 1
-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 the Commission in determining whether the information-sought to-be withheld from public disclosure should be withheld.
-(i) The-information sought to be withheld from public disclosure is owned l
and has been held in-confidence _by Westinghouse.
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3-CAW 91-136 (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 sy:te :, information is held in confidence if it falls in one or more of several types, the release of which might result in the los: nf 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 canstitutes a competitive economic advantage ever 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.
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CAW-91-136 (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
- milar product.
(d)
It. reveals cost or price information, production capacities,
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budget levels, or commercial strategies of Westinghouse, its custome,*s or suppliers.
(e)
It reveals aspects of'past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Weitinghouse.
-(f)- It contains patentable ideas, for'which patent protection may be desirable.
L (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 'estingnouse system which' w
. include the following:
is (a).'The use of such information by Westinghouse gives Westinghouse a competitive: advantage over its competitors.
It is, therefore, l
withheld from disclosure to protect the Westinghcuse competitive-position.
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. CAW 91-136 (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 informttion.
(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 competitivir advantage is potentially as valuable as the total competitive advantage.
If competitors acquire components of proprietary information, any one component ma', be the key to the entire puzzle, thereby depriving Westingho',se of a competitive advantage.
(e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse ir the world market, and thereby give a market advantage to the competition of those countries.
(f) The Westinghouse capacity to invest corporate assett o
earca and development depends upon the success in obtaining s
maintaining a competitive advantage.
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6-CAW 91-135 (iii)
The infor3ation 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 inforniation :ought to be protected is not evailable in public sources or available information has not been previously employed in the same original manner or method 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
- Estimated Blast Effects From fort St. Vrain Well No.11*,
(Proprietary), for the Fort St. Vrair. 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 Murley, March,1991. The proprietary information as submitted for use by Public Service Company of Colorado for the Fort. St. Vrain Nuclear Generating Station is expectvd to be applicable in other licensee submittals in response to certain NRC requirements for justification of natural gas wells in the vicinity of Nuclear Generating Stations.
This information is part of that which will enable Westinghouse to:
(a)
Provide documentation of the methodology used in the evaluation of potential effects due to the release of natural gas from a well, and subsequent deflagration.
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, CAW 91-136 i
Further this information has substantial commercial value as follows:
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(a) Westinghouse plans -to sell the use of similar information to j
its customers for purposes of non-nuclear risk management services.
)
Public disclosure of this proprietary information is likely to 1
cause substantial harm to the competitive position of C
Westinghouse because it would enhance-the ability of competitors to provide similar documentation and licensing defense services for commercial power reactors without commensurate expenses.
Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.
The development of-the technology described in part by the information is the result of applying-the results of trany years of experience in an intensive-Westinghouse effort and the expenditure of a considerable sum of money.
In order for competitors of Westinghouse to duplicate this information, similcr 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.
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' b - NON-PROPRIETARY-1 Estimated Blast Effects from Fort St. Vrain Well #11 Analysis Methods Summary i
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