ML20043C077

Requests That Proprietary WCAP-12576, Westinghouse Revised Thermal Design Procedure Instrument Uncertainty Methodology for American Electric Power DC Cook Unit 2 Nuclear Power Station, Be Withheld (Ref 10CFR2.790)

ML20043C077
Person / Time
Site:	Cook
Issue date:	05/14/1990
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML17328A734	List: ML17328A733 ML20043C065 ML20043C071 ML20043C077
References
CAW-90-037, CAW-90-37, NUDOCS 9006010279
Download: ML20043C077 (10)

Text

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. l Westinghouse Energy Systems Electric Corporation y,Tn;lgntl,'y

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May 14, 1990 CAW 90 037 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas Murley, Director APPL.lCATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

RTDP Instrument Uncertainties Report

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the enclosed letter by American Electric Power Service Corporation is further identified in Affidavit CAW 90 037 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 10CFR Section 2.790 of the Commission's regulations.

Accordingly, this letter authorizes the utilization of the accompanying Affidavit by American Electric Power Service Corporation.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW 90 037, and should be addressed to the undersigned.

Ver.r ruly yours,

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RoherkL b n, ger A. $feseman(4ha,bLdKi Enclosures Regulatory & Legislative Affairs cc: C. M. Holzle, Esq.

Office of the General Counsel, NRC V. Wilson, Nuclear Reactor Regulation e

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CAW-90 037 )

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COMMONWEALTH OF PENNSYLVANIA:  :

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l COUNTY OF ALLEGHENY:

l l Before me, the undersigned authority, nersonally appeared l Robert A. Wiesemann, who, being by me duly sworn according to law, I deposes and says that he is authorized to execute this Affidavit on 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, information, and belief:  ;

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Robert A. Wiesemann, Manager Regulatory and Legislative Affairs L

Sworn to and subscribed before me this / day of h , 1990.

f etheleb M. I Notary Public hof ARitt st At LO8lAA!NE M PiPLICA, NOTARY Pg3;tC '

MoNRoEVELE B0no. ALLEGHENYCogNTY uf COW:ssioN EXPIR[s O!O,14,1931

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(1) ! om Manager, Regulatory and Legislative Affairs, in the Nuclear

! and Advanced Technology Division, of the Westinghouse Electric Corporation ,

i and as such, I have been specifically delegated the function of reviewing ,

l the proprietary information sought to be withheld from public disclosure in j 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 Commission's regulations and in conjunction with the 1 l

Westinghouse application for withholding accompanying this Affidavit.

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! (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 information, ,

I (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 l- from public disclosure should be withheld.

1 (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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P CAW-90-037 (ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. i 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 syr, tem, 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 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-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, method, etc~.), the ,

application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

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(c) Its use by a competitor would reduce his expenditure of resources i or improve his competitive position in the design, manufacture, l

shipment, installation, assurance of quality, or licensing a

similar product.

(d) It reveals cost or price information, production capacities, l

budget levels, or. commercial strategies of Westinghouse, its-I customers or suppliers.

(e) It reveals aspects of past, present, or future Westinghouse or ,

customer funded development plans and programs of potential commercial value to Westinghouse.

(f) It contains patentable ideas, for which patent protection may be I ,

! 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 Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

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I 5- CAW 90 037 (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 ,

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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.

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 l maintaining a competitive advantage.

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1 i . l 6- CAW-90 037 (iii) The information is being transmitted to the Commission in j confidence and, under the provisions of 10CfR Section 2.790, it j 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 l knowledge and belief.

(v) The proprietary information sought to be withheld in this ]

submittal is that which is appropriately marked in " Westinghouse Revised Thermal Design Procedure Instrument Uncertainty Methodology", WCAP-12576, (Proprietary), for D. C. Cook Unit 2 y j

Nuclear Power Station, being transmitted by the American Electric Power (AEP) letter and Application for Withholding Proprietary Information from Public Disclosure, M. P. Alexich, AEP, to Attention Dr. Thomas Murley, May,1990. The proprietary information as submitted for use by Americal Electric Power Company for the D. C. Cook Station is; expected to be applicable in other licensee submittals in response to certain NRC.

requirements for justification of instrumentation and system uncertainties.

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This information is part or that which will enable Westinghouse  !

to:  ;

(a) Provide documentation of the analysis, methods, used for r determining technical specification setpoints, utilizing the  !

instrumentation uncertainties.

(b) Calculate the instrumentation uncertainties for the Technical Specification setpoints. .

(c) Establish systematic and random uncertainties in providing i Technical Specification setpoints.

(d) Provide the methods in determining the instrumentation uncertainties.

(e) Assist the customer to obtain NRC approval.

Further this information has substantial commercial value as ,

follows:  ;

(a) Westinghouse plans to sell the use of similar information to l its customers for purposes of. meeting NRC requirements for licensing documentation. l l

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(b) Westinghouse can sell support and defense of the technology to its customers in the future, j l

Public disclosure of this proprietary information isL11kely_to.

cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors-

' to provide similar analytical documentation and'11 censing 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 l licensing documentation withoutcpurchasing the right to,use the  ;

information.

i 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 e

performed and-a significant manpower efforts having the requisite j i

talent and experience, would have to 'be expended for. developing' l

analytical methods and performing -tests, Further the_ deponent sayath'not.

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l ATTACilMENT 4C TO AEP:NRC:1071I t

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' PROPRIETARY INFORMATION NOTICE. ACCOMPANYING AFFIDAVIT,.AND' REQUEST FOR WITH110LDING PROPRIETARY INFORMATION ASSOCIATED WITH WCAP-12576 IN ATTACHMENT'4A )

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