ML20031C040
| ML20031C040 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley |
| Issue date: | 09/30/1981 |
| From: | Carey J DUQUESNE LIGHT CO. |
| To: | Varga S Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19260J118 | List: |
| References | |
| RTR-NUREG-0737, RTR-NUREG-737, TASK-2.F.2, TASK-TM TAC-45114, NUDOCS 8110060455 | |
| Download: ML20031C040 (1) | |
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a12) 45e4000 September 30, 1981 ess..na ~
v.,%.c c, sm Director of Nuclear Reactor Regulation United States Nuclear Regulatory Commission Attn:
Mr. Steven A. Varga, Chief
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to Operating Ree: tors Branch No. 1
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':ivision of Licensing 84
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Refarence:
Beaver Valley Power Station, Unit No. 1 fgg 6
Docke t No. 50--334 NUREG 0737; Item II.F.2.3; RVLIS h
h Centlemen:
'liiis letter forwards a supplemental response addressing questions 9,10,12, and 20 which were forwarded by your letter dated August 5, 1981.
The attached information completes our response regarding the Reactor Vessel Level Instrumentation System in accordance with the commitment in our September 2, 1981 submittal.
Please note that the attachment contains proprietary information supplied by the Westinghouse Electric Corpo ra t ion.
This attachment is provided as supplemental proprietary information to the Summary Report, " Westinghouse Reactor Vessel Level Instrumentation System for Monitoring Inadequate Core Cooling", dated December 1980, for which an application for the withholding of proprietary information from public disclosure has already beer submitted. Attached is this application and affidavit, signed by Westinghouse which sets forth the basis on which the information may be withheld from public disclosure by the Commission and specifically addresses the considerations listed in paragraph (b) (4) of 10CFR2.790.
Accordingly, it is requested that information which is proprietary to Weatinghouse be withheld from public disclosure in accordance with 10CFR2.790.
Correspondence relating to proprietary aspects of this application for withnolding or the supporting Westinghouse affidavit should be addressed to R. A. Wiesmann, Manager, Regulatory and Legislative Af fairs, Westinghouse Electric Corporation, P. O.
Box 335, Pittsburgh, Pennsylvania 15230.
Very truly yours,
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J. J. Carey Vice President, Nuclear cc:
Mr. D. A. Beckman, Resident Inspector U. S. Nuclear Regulatory Commission e
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Westinghouse Water Rt: actor Electric Corporation DMslons s:1ns pmage Pennspania15230 I
December 23, 1980 CAW-80-76 Mr. Darrell G. Eisenhut, Director
-l 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 3
SUBJECT:
Summary Report, Westinghouse Reactor Vessel level Instrumentation System for Monitoring Inadequate Core Cooling (Microprocessor System)
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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 proprietary material previously subtaitted concerning the Westinghouse development of ECCS models.
Further, the affidavit submitted to justify the material previously, submitted, AU-77-18, was approved by the Commission on 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 j
attached.
I Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW-80-76, and should be addressed to the undersigned.
Very truly yours,
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h Robert A d iesemann, Manager
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Regulatory & Legislative Affairs Attachment cc:
E. C. Shomaker, Esq.
Office of the Executive Legal Director, NRC (6 )bb{b('O^
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AW-77-18 7
_ AFFIDAVIT co!'PO!1 WEALTH OF PEHilSYLVAMIA:
l ss COUtiTY OF 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 beh of Westinghouse Electric Corporation (" Westinghouse") and that the aver-ments of fact set forth in this Affidavit are true and correct to.th best of his-knowledge, information, and belief:
b) 8!.h Robert A. Wiesemann, Man.:ger
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Licensing Programs
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Sworn to and subscribed before me this & day of _,[/ '"4[
1977.
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I am Manager, Licensing Programs, in the Pressurized Water Reactor Systems Division, of Westinghouse Electric Corporation and as such, f
(1)
I have been specifically delegated the function of reviewing the
.j proprietary infomation sought to be withheld from public dis-closure in connection with nuclear power plant licensing or rule-making proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Water Reactor Divisions.
I am making, this Affidavit in conformance with the provisions of (2) 10 CFR Section 2.790 of the Commission's regulations and in con-junction with the Westinghouse application for withholding ac-companying this Affidavit..
I have personal knowledge of the criteria and procedures utilized (3)
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, by Westinghour..!!u e "----" Systems in designating information as a trade secret, privileged or as confidential connercial or financial infomation.
Pursuant to the provisions of paragraph (b)(4) of Section 2.790 (4) of the Cc= mission's regulations, the following is furnished for
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consideration by the Commission in determining whether the in-formation sought to be withheld from public disclosure should be I
withheld.
The information sought to be withheld from public disclosure (i) is owned and has been held in confidence by Westinghouse.
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(ii) The information is of a type ctstomarily held in confidence by Westingnouse and not customarily disclosed to the public.
f 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 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 loss of an existing or potential com-
~ petitive advantage, as. fo11 cur:
/s (a) The information reveals the di.stinguishing aspects of a I
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.
1 (b)_ It consists of supporting data, including test data, relative to a process (or component, structure, tool, l
method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.
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Its use by a r.ompetitor would reduce his expenditure 4
of resources or improve his competitive position in the f
design, manufacture, shipment, installation, assurance l
of quality, or licensing a similar product.
(d)
It reveals cost or price information, production cap-acities, budget levels, or commercial strategies of i
Westinghouse, its customers or suppliers.
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(e)
It reveals aspects of past, present, or future West-
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inghouse or custcmer funded development plans and pro-grams of potential co=ercial value to Westinghouse.
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(_f)_ It contains patentable ideas, for which patent pro-
- t tection may oe cesirable.
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It is not the property of 'lestinghouse, but must be l
(g) treated as proprietary by Westinghouse according to i
I cgreements with the owner.
There are sound policy reasons behind the Westinghouse l
system which include the following:-
(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its com-petitors.
It is, therefore, withheld from disclosure l
to protect.the Westinghouse competitive position.
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(b)
It is information which is marketable in many ways.
The extent to which such information is available to f
competitors diminishes the Westinghouse ability to sell products and services involving the use of the
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(c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at cur expense.
(d)
Each component of proprietary information pertintnt to a particular competitive advantage is potentially as valuable as the total competitive advantage.
If competitors accuire components of proprietary infor-m mation, any one component may be tne key to the entire
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puzz-le, thereby depriving Westinghouse of a competitive I
advantage.
(e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market,
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and thereby give a market advantage to the competition in those countries.
1 (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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The information is being transmitted to the Commission in f
confidence and, under the provisions of 10 CFD Lction 2.790, it is to be received in confidence by the Cr.cmission.
-(iv)
The information is not available in public sources to the best of our knowledge and belief.
(v)
The proprietary information sought to be withheld in this submittal is that which is attached to Westinghcuse Letter Number NS-CE-1403, Eichel/.inger to Stolz, dated April 6, 1977.
The letter and attachment are being it.hmitted iri support of the Westinghouse emergency core cooling s.vstem evaluation model.
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Public disclosure of the information sought to be withheld is likely to cause substantial harm to the ccapatitive position of Westinghouse, taking into account the value of the information to Westinghouse, the amount of effort an~d money expended by Westinghouse in developing the information.
and considering the ways in which the information could be i
acquired or duplicated by others.
Further the deponent sayeth not.
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