ML20037A274
| ML20037A274 | |
| Person / Time | |
|---|---|
| Site: | 05000502 |
| Issue date: | 06/04/1979 |
| From: | Fay C WISCONSIN ELECTRIC POWER CO. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 7906130265 | |
| Download: ML20037A274 (9) | |
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wisconsin Electnc nata coucaur M1 W. MICHIGAN P.C. BOX 2046. MILWAUKEE. wl 53201 June 4,1979 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U. S. NUCLEAR REGULATORY COMMISSION Washington, D. C.
20555
Dear Mr. Denton:
DOCKET NO. STN 50-502 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE HAVEN NUCLEAR PLANT Enclosed hemwith are two copies each of Tables 240.2-2 and 240.2-3, Mass and Energy Release Rates - Main Steam Line Bmak, which contain proprietary Westinghouse Electric Corporation blowdown data. These tables are intended to be provided as a part of Amendment 23 to the Wisconsin Utilities Project Preliminary Safety Analysis Report; however, because of the proprietary nature of this infomation, only the table headings will be printed in the amendment. These data are for the purpose of assisting the Staff in its review of PSAR Question 240.2.
As these tables contain information that is proprietary to Westinghouse Electric Corporation, they are supported by a previously submitted affidavit signed by Westinghouse, the Owner of the information. The affidavit 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 Section 2.790 of the Commission's regulations. Accordingly, it is respectfully requested that the information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10 CFR Section 2.790 of the Commission's regulations.
Data similar to that enclosed has been accorded proprietary treatment as requested herein in the past.
Correspondence with respect to the proprietary aspects of this applica-i tion for withholding or the supporting Westinghouse affidavit should reference CAW-79-17, and should be addressed to R. A. Wiesemann, Manager, Regulatory and Legislative Affairs, Westinghouse Electric Corporation, P. O. Box 355, Pittsburgh, Pennsylvania 15230.
Very truly you.-
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C. W. Fay
- Director, Nuclear Poder Department Enclosures N
Copy to:
J. A. Cooke, Esq.
Office of the Executive Legal Director, NRC
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xy Westinghouse Electric Corporation Power Systems Pwasystemsomse scrass Ptns:argnPemsyvara15'30 CAW-79-17 Mr. Harold R. Denton, Director May 9,1979 Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission 7920 Norfolk Avenue Bethesda, Maryland 20014 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
SUBJECT:
" Main Steam Line Break Mass and Energy Releases: Haven Nuclear Plant" REF: Wisconsin Electric Power Company letter, Burstein to Denton, transmitting Main Steam Line Break Mass and Energy Releases, dated May 1979
Dear Mr. Denton:
The proprietary material transmitted by the referenced letter is of the same technical type as the proprietary material previously submitted con-cerning Mass and Energy Releases to Containment for a Main Steam Line Breat. Further, the affidavit submitted to justify the material pre-l viously submitted AW-76-29, is equally applicable to this material.
Accordingly, withholding the subject information from public disclosure is requested in accordance with the previously submitted non-proprietary affi-davit and application for withholding, AW-76-29, dated July 23, 1976, which
~ was approved by the Commission on June 14, 1978, a copy of which is attached.
The averments of the referenced affidavit, AW-76-29, as supplemented, apply equally to the subject submittal and are hereby incorporated by reference. Furthermore, the complete documentary basis for the Com-mission's approval of the justification for withholding such information can be found in NRC Docket Number 50-348 and 50-364.
Correspondence with respect to this application for withholding or the accompanying affidavit should reference CA4-79-17, and should be addressed to the undersigned.
Very truly yours, 4/ppmA m.
/bek Robert A. Wiesemann, Manager Attachment Regulatory & Legislative Affairs cc:
J. A. Cooke, Esq. (NRC) 8
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AFFIDAVii r
t9W40NWEALTH OF PENNSYLVANIA:
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.. COUNTY OF ALLEGHENY:
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.s 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 behalf
-of Westinghouse Electric Corporation '(" Westinghouse") and that the aver-
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me'nts of fact set forth in this Affidavit are true and correct to the
". best of his knowledge, information, and belief:
s., c Robert A. Wiesemann, Manager
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'. Licensing Programs l
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- Sworn to and subscribed t.
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before.ne.this d 8 day 1976.
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AW-76-29.
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-(1)
I am Manager, Cicensing Programs, in the Pressurized Water Reactor Systems Divisi'on, of Westinghouse Electric Corporation and as such, I have been specifically, delegated the function of reviewing the
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' proprietary information 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'
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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 Comission's regulations and in con-
.iunction with the Alabama Power Company application for withholding
. accompanying this Affidavit..
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- (3)
I have' personal knowledge of the criteria and procedures utilized I
by Westinghouse Nuclear' Energy Systems in designating informati,on as a trade secret, privileged or as confidential co=ercial or
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- financial information.
,e (4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Comission'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 withheld.
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' ' ' (i) The infomation sought to be withheld from public disclosure
.is owned and-has been held in confidence by Westinghouse.
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.(ii) The infomation is of a type customarily held in confidence by. Westinghouse and not customarily disclosed to the public.
Wes'tinghouse has a rational basis for detemining the types of infomation customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of infomation 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 com,
. petitive advantage, as follows:
N-4 (a) The infomation reveals the distinguishing 5.spects of a process (or component, structure, tool, method, etc.)
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where prevention of its use by any of Westinghouse's.
competitors viithout license from Westinghouse consti-tutes a competitive economic advantage over other
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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
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competitive economic advantage, e.g., by optimization or improved marketability.,
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, AW-76-29.
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(c)
Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the f
7 design, manufacture, shipment, installation, assurance
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of quality, or licensing a similar product.
,(d)
It reveals cost or price infomat on, pro uction cap-i d
acities, budget levels, or comercial strategi,es of Westinghouse, its customers or suppliers.
$N It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-e grams of potential cc:::r.ercial value to Uestinghouse.
(f) 'it contains patentable ideas,' for which p' tent pro-
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a tection may be desirable.
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(g) It is not the property of Hestinghouse, but must be.
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treated as proprietary by !!estinghouse according.to.
agreements with the owner.
There are sound. policy reasons behind the liestingh'ouse.
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
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to proteci ths Westinghouse competitive position.
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(b)
It is information which is marketable in many ways.
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The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.
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(c) Use by our competitor would put Westinghouse at a. +.
competitive disadvantage by reducing his expenditure of resources at our' expense.
" " (d) Each compomnt of proprietary infomation pertinent to a partic~ular competitive advantage is potentially
.as valuable as the total competitive advantage.
If,
competitors.. acquire components of proprietary infor-ma' tion, any one component may be the key to the entke'
.. 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
'in those countries.
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(f) The !!estinghouse capacity to invest corporate assets in research and development depends upon the success in obtai'ning and maintaining a competitive advantage.
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l-(iii) The information is being trans'mitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.790,
,it is to be received in confidence by the Comission.
s (iv) The infonnation is not available in public sources to the best of our knowledge and belief.
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- (v) The proprietary information sought to be withheld in this submittal is that which i.s appropriately marked in the en-I-
closed material with regard to Steam Line Break Release
.To The Containment being transmitted to the Commission by Alabama Power Company letter, Clayton to Boyd dated August 1976.
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.g This information e'nables Westinghouse to.
-(a) Justify the design basis for emergency systems.
r (b) Assist its customers to obtain licenses.
(c) Optimize long-term cooling design.
. Verify computer codes used for accident analyses.
(d)
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Further, this information has substantial comercial value as follows:
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..e (a) Westinghouse sells the use of the infomation to its
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customers for purposes of meeting NRC requirements for licensing documentation.
(b) Westinghouse uses the information to perform and justify
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enalyses which are sold to customers.
Public disclosure of this infomation is likely to ca0se sub-stantici harm to the competitive position of Westinghouse because it would enable others to use the information to meet HRC requirements for licensing documentation witheat purchasing.
the right to use the infomation'.
Th's development of this infoimation is the result of many ' years of Westinghouse effort and the expenditure of a considerable
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sum of money:
l In order for ccmpetitors of Uestinghouse to duplicate this infoma' tion, similar experimental test programs would have
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to be perfomed and a significant manpower effort, having
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the requisite talent and experience, would have to be
. expended for data analyses and code development.
c Further the deponent sayeth not.
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