ML20034A882
| ML20034A882 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley |
| Issue date: | 12/20/1989 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19302E013 | List: |
| References | |
| CAW-89-122, NUDOCS 9004240473 | |
| Download: ML20034A882 (11) | |
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Westinghouse Energy Systems y,jeagam 9,ge Electric Corporation g9 kn*sfuIgh Pennsylvarna 15230-0355 December 20, 1989 CAW-89-122 Dr. Thomas Murley, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C.
20555 M G ATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
RTD Bypan Elimination Licensing Report for Beaver Valley Unit 2 (WCAP-12478)
Dear Dr. Murley:
The proprietary information for which withholding is being requested in the enclosed letter by Duquesne Light Company is further identified in Affidavit CAW-88-131 signed by the owner of the tiroprietary 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 Couission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by Duquesne Light Company.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-89-122, and should be addressed to the undersigned.
Very truly yours, b$-
Robart A. Wiesemann, Manager Regulatory & Legislative Affairs Enclosures j
cc:
E. C. Shomaker, Esq, 1
Office of the General Counsel, PC i
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o-PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/0R PQiT SPECIFIC REVIEW AND APPROVAL.
IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR2.7g0 0F THE C0RilS$10N'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION $0 SUBHITTED-TO THE NRC. THE INFORMATION WHICH IS PROPRIETARY IN THE PROPP,lETARY VER$10NS IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION HAS BEEN DELETED IN THE MON-PROPRIETARY VERSIONS ONLY THE BRACKETS REMIAN, THE 4
INFORMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY VER$10NS HAVING BEEN DELETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION 50 DESIGNATED AS PROPRIETARY 15 INDICATED IW BOTH VERSIONS BY-MEANS OF LOWER CASEE LETTERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCl\\TED'AS A SUPERSCRIPT IMMEDIATELY FOLLOWING THE BRACKETS ENCLOSING EACH ITEM OF:INFORMATION BElHG 3DENTIFIED AS PROPRIETARY OR-IN THE HARGIN OPPOSITE SUCH 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).
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AEEIDAVIT i
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t Before me, the undersigned authority, personally. appeared
-l Robert A. Wiesemann, who, being by me duly sworn according to law, d
deposes ~and says that he is authorized'to execute this Affidavit'on j
behalf of Westinghouse Electric Corporation -(" Westinghouse') and_:that l
the averments of fact set forth in this Affidavit are-true and correct' to the best of his knowledge, inforr.ation, and belief:
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Robert A. Wiesemann, Manager Regulatory and Legislative Affairs i
Sworn to and' subscribed-
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bef a me this N day i
lh1xlMU,1988.
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- CAW-88-131 (1) 1 am Manager,. Regulatory and Legislative Affairs, in the Nucletr
- 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 rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy; Systems, Nuclear Fuel, and Power Generation Business Units.
(2) I am making this Affidavit in conformance with the provisions of -
10CFR Section 2.790 of the Consissior'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, Nuclear Fuel, and Power Generation Business Units in designating information as a' trade; secret,.
privileged or as confidential commercial or financial'information.-
(4) Pursuanttotheprovisionsofparagraph(b)(4)ofSection'2.790of the Commission's regulations, the following is furnished for.
consideration by the Comission in determining whether the -
information sought to be withheld from public disclosure should be withheld.
(1) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
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' CAW-88-131; (ii)Theinformationisofa'typecustomarily' held'inconfidence.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-
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connection, utilizes a system to det'stmine when'and whether.to L
hold certain types of information in confidence. The-t application of that' system and the substance of that system, constitutes Westinghouse polir.y and provides the rational basis-required; P
- t Under that system, information is held in confidence if it falls
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.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:.
g (a) The infomation 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 h
economic advantage over other companies.
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(b)
It consists of supporting data, including test data, E
relative to a process (or component, structure, tool,
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method, etc.), the application of which data secures a y
competitG e economic advantage, e.g., by optimization'or improved marketability.
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1 (c)
Its use by a competitor would reduce.his expenditure.of'
- j resources or improve'his competitive position in the=
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. design, manufacture, shipment ' installation, assurance of;
.j quality, or licensing-a similar: product.
i (d)
It' reveals cost or price information, production
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capacities, budget levels, or commercial strategies of-.
Westinghouse, its customers or suppliers.:
1 (e)
It reveals aspects of. past, present, or future Westinghouse-
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or customer funded development-plans and programs 'of j
potential commercial value to Westinghous'e.
(f)
It contains patentable ideas, for which patent protection..
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l may be desirable.
(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 Westinghouse system -
which include the following:
(a) The use of such_information by Westinghouse gives 1
Westinghouse.a competitive advantage over its; competitors.
It is, therefore, withheld from disclosure to' protect the-Westinghouse competitive position.
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(b)- It is information which is' marketable in many ways.- The
'l extent to which such information is available to competitors diminishes-the Westinghouse ability to sell products and services-involving the use of the information.
(c) Use by our competitor rould put Westinghouse-at a competitive disadvantage by reducing his expenditure of resources at our expense.-
(d) Each component of proprietary information pertinent to a j
particular competitive advantage is-potentially as~ valuabin as the total-comp 3titive advantage.1 If. competitors acquire
'l 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-j countries.
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(f) The Westinghouse capacity to invest corporate assets in research and development-depends upon the success in i
. obtaining and maintaining _a competitive advantage.
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I CAW-88-131 (iii)
The information is being transmitted to the Comission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Comission.
1 (iv)
The infomation sough't to'be protected is not available in public sources or available information has not been previously employed in the same original manner or. method I
to the best of our knowledge and belief.
(v)
The proprietary infomation sought to be withheld in this l
submittal is that which is' appropriately marked in-
'RTD By-pass Elimination Licensing Report for Beaver Valley Dnit 1," WCAP-12058 (Proprietary), for Beaver Valley -
j Nuclear Power Station, Unit. No.11,- being transmitted-by the.
Duquesne Light Company (DLW) letter and-Application for i
Withholding-Proprietary Information'from Public Disclosure, M.0, to the attention.of Thomas-Murley, Director, Office of.
Nuclear Reactor Regulation,1988. The proprietary information as submitted for use by Duquense Light Company for the Beaver Valley Unit 1 is expected to be ~ applicable in other licensee submittals -in response to certain NRC' requirements for justification of actions to emove the.
existing Resistance Temperature Detector (RTD) Bypass system and replace with fast response th'ermowell mounted RTDs in the reactor coolant loop piping.
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7 CAW-88-131 This informationLis part or that which will ' enable Wettinghouse to:
(a) Provide documentation of the analyses, methods, And -
testing for-' reaching a conclusion relative to the l
removal of existing Resistance Temperature Detector (RTD) Bypass system land the replacement of fast; 1
. response-thermowell. mounted RTDs..-
'*l (b): Support the' continued validity of Loss-of-Coolant Accident-(LOCA) and non-LOCA safety analysis initial.
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condition assumptions.-
(c) Establish the effects of the fast response thernowell
-f RTD system on'irstrumentation and Reactor Coolant i
System uncertainties.
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(d) Assist the customer to obtainLNRC approval.
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Further 'this infonsation has substantial commercial-value
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(a) Westinghouse plans to sell.the use of similar information to its customers for purposes of meeting
- -l NRC requirements for licensing documentation.
.(b) Westinghouse can sell support'and defense of the j
technology to its customers in the-licensing process, q
public disclosure of this proprietary information is'11kely:
to cause substantial harm to the competitive position of =
1L Westinghouse because it would enhance' the ability of competitors to provide sistlar analytical _ de,ument' tion and-a licensing defense services for commercial: power reactors without commensurate expenses. Also, public disclosure of q
the.information would-enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.
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The development of the technology described in-pSr-
.tia information is the result of applying-the results of-.any.-
years of experience in an intensive Westinghouse: effort and the expenditure of-a considerable sum of money.
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L In order for competitors of Westinghouse to duplicate'this7 1
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info, rmation, similar technical programs would have to b'.,
y perfonned and a significant snanpower effort, having.the M h requisite ~ talent and experience, would have to be expended s
for developing-testing and analytical methods' and b
performing tests.
e Further the deponent >,ayeth-not.
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