ML20043A044
| ML20043A044 | |
| Person / Time | |
|---|---|
| Site: | Haddam Neck File:Connecticut Yankee Atomic Power Co icon.png |
| Issue date: | 04/30/1990 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19298E040 | List: |
| References | |
| CAW-90-022, CAW-90-22, NUDOCS 9005170244 | |
| Download: ML20043A044 (9) | |
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Westinghouse EnergySystems
- * * * * *d Electric Corporation km355 Pmshwgh Pomsytverba 15230 0355 April 30,1990 i
CAW-90 022 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY.
INFORMATION FROM PUBLIC DISCLOSURE
Subject:
Transmittal of Thermal Shield Removal Program Reports f
Dear Dr. Murley:
The proprietary information for which withholding is being requested in the i
enclosed letter by Northeast Utilities is further identified in Affidavit CAW 90-022 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 100FR Section 2.790 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Northeast Utilities.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW 90 022, and should be addressed to the undersigned.
Very truly yours, D=_
Jw Robert A. Wiesemann, Manager Enclosures Regulatory & tegislative Affairs cc:
C. M. Holzle, Esq.
Office of the General Counsel, NRC V. Wilson, Office of Nuclear Reactor Regulation l
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CAW-90-022 AFFIDAVIT COMMONWEALTH Of PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Robert A. Wiesemann, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalfofWestinghouseElectricCorporation(* Westinghouse *)andthat the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, inforsation, and belief:
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Robert A. Wiesemann, Manager i
Regulatory and Legislative Affairs Sworn to and subscribed before me th h M ay of d d. 1990, h>vlaM.f, g Notary Public touwtU$sdIfoIaycua u=rminuumv =xm NY COW,9$tm gxpjgg$ gg; gg, ggj Wetk.Povstew Assocaton cf Nven
j t-CAW 90 022 (1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear I
and Advanced Technology Division, of the. Westinghouse Electric Corporation i
and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in i
i connection with nuclear power plant licensing and rulemaking 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 Comission's regulations and in conjunction with the
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Westinghouse application for withholding accompanying this Affidavit.
e (3) I have personal knowledge of the criteria and procedures utilized by the
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Westinghouse Energy Systems Business Unit in designating infomatior, as a
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trade secret, privileged or as confidential comercial or financial information.
(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the
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Ccmission's regulations, the following is furnished for consideration by the Comission in determining whether the information sought to be withheld I
from public disclosure should be withheld.
(i) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
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3 CAW 90 022
.(11) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.
Westinghouse ha a rational basis for determining the types of infomation customarily held in confidence by it and, in that connection, utilizes A system to detemine when and whether to hold certain types of information in confidence. The ei.11 cation of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.
Under that system, infomation 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 fcilows:
(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, st;ucture, tool, method, etc.), the application of which dSta secures a competitive economic advantage, e.g., by optimization or improved marketability.
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! CAW 90 022
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i (c)
Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture.
I shipment, installation, assurance of quality, or licensing a similar product.
(d)
It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its j
customers or suppliers, (e)
It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential coumercial value tn 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 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 Wettinghouse gives Westinghouse a
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l competitive advantage over its competitors.
It is, therefore, withheld from (iglosure to protect the Westinghouse competitive j
position.
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5-CAW-90 022 (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 information.
(c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.
l (d) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage.
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.
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. CAW 90 022 (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 knowledge and belief.
(v)
The proprietary information sought to be withheld in this submittal is that which is appropriately marked in
- Connecticut Yankee Thermal Shield Removal Li:ensing Report", WCAP-12590 (Proprietary) and " Connecticut Yankee Thermal Shield Removal Reactor Vessel System Blowdown Scoping Study Licensing Report",
WCAP-12591 (Proprietary), for the Haddam Neck plant being transmitted by Northeast Utilities (NU) letter and Application for Withholding Proprietary Information from Public Disclosure, E. J. Mroczka, Senior Vice President, Connecticut Yankee Atomic Power Company, to NRC Document Control Desk, Attention Mr. Thomas Murley, May,1990. The proprietary information as submitted for use by Northeast Utilities Company for the Haddam Neck plant is expected to be applicable in several licensee submittals in response to certain NRC requirements for justification of reactor vessel thermal shield removal programs.
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1 CAW go 022 This information is part of that which will enable Westinghouse to:
(a) Provide documentation of the analysis and methodology used in the evaluation of the thermal shield removal.
(b) Demonstrate the structural integrity of the reactor internals and the reactor vessel.
(c) Demonstrate the maintenance of acceptance criteria for safety analyses.
(d) Provide documentation of the effect of. Increased neutron flux and predicted fluence on the reactor vessel for issues such as pressurized thermal shock and life extention.
(e) Assist the customer in obtaining NRC approval of the thermal
, shield removel program.
i Further this information has substantial commercial value as follows:
(a) Westinghouse plans to sell the use of similar information-to its customers for purposes of reactor vessel flux reduction and/or thermal shield removal.
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, CAW 90 022
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(b) Westinghouse can sell support and defense to the technology to its customers as part of the licensing process.
Public disclosure of this proprietary information it likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar analytical services 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 Commission 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 many 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, 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 verification, and licensing of methods to analyze the effects of thermal shield removal on accident analyses as well as vessel fluence.
Further the deponent sayeth not.
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