ML20050B826
| ML20050B826 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley |
| Issue date: | 01/13/1981 |
| From: | Dunn C DUQUESNE LIGHT CO. |
| To: | Grier B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| References | |
| IEB-79-01B, IEB-79-1B, NUDOCS 8204070457 | |
| Download: ML20050B826 (9) | |
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January 13, 1981 s;\\:%
"~k/3 United States Nuclear Regulatory Commission 7
Office of Inspection and Enforcement
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Boyce H. Grier, Regional Director f-Region I fl
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Reference:
Beaver Valley Power Station, Unit No. 1 g
Docket No. 50-334, License No. DPR-66 6
4 IE Bulletin 79-01B ca
Dear Mr. Grier:
An updated report for IE Bulletin 79-01B was recently submitted by Duquesne Light Company for Beaver Valley #1 (C. N. Dunn letter dated December 31, 1980). Since this report contains information proprietary to Westinghouse Electric Corporation, a non-proprietary copy of the report was also provided for public disclosure.
The December 31, 1980 submittal is a complete report and supersedes our previous IE Bulletin 79-OlB submittals dated September 30, 1980 and October. 30, 1980.
These previous submittals also include proprietary information subject to Section 2.790, Title 10, Code of Federal Regulations, and are, therefore, also exempt from public disclosure.
The September 30, 1980 submittal did contain a request for withholding from public disclosure as well as an affidavit signed by Westinghouse, owners of the information.
However, non-proprietary versions of the report were not prepared tor these submittals.
For the following reasons, we respectfully request that our September 30, 1980 and October 30, 1980 submittals for IE Bulletin 79-01B be withheld from public disclosure:
1.
Both submittals contain information proprietary to Westinghouse Electric Corporation as supported by the attached affidavit signed by Westinghouse, owners 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, Title 10, Code of Federal Regulations.
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8204070457 810113 PDR ADOCK 05000334 G
- 4s Beaver Valley Power Station, Unit No. 1 Docket No. 50-334, License No. DPR-66 IE Bulletin 79-01B Page 2 2.
The non-proprietary information. contained in them is included in the December 31, 1980 submittal. A non-proprietary copy of that report has been provided for public disclosure.
Correspondence with respect to the proprietary aspects of this appli-cation for withholding or the supporting Westinghouse affidavit should reference CAW-80-31, and should be addressed to R. A. Wieseman, Manager, Regulatory and Legislative Affairs, Westinghouse Electric Corporation, P.O. Box 355, Pittsburgh, Pennsylvania 15230.
If you have any questions, please contact my office.
Very truly yours, l
C. N. Dunn Vice President, Operations Attachment cc:
Mr. D. A. Beckman, Resident Inspector U.S. Nuclear Regulatory Commission Beaver Valley Power Station Shippingport, PA 15077 U.S. Nuclear Regulatory Commission c/o Document Management Branch Washington, DC 20555 U.S. Nuclear Regulatory Commission Office of Inspection and Enforcement Division of Reactor Inspections Operation Washington, DC 20555
CAW-80-3T t,
AFFICAVIT
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Sefers me, the undersigned authority, personally appeared Robert A. Wiesemann, who, being by me duly sworn acccrding to law, deposes and says that he is authorized to executa this Affidavit on behalf of Westinghouse Electric Corporation (" Westinghouse) and that the averments of fact sat-forth in this Affidavit are true and correct to :::e best of his; kncwledge, infon::ation, and belf af:
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!Y114M Racert A. W1esemann, Manager Regulatory and Legislative Affairs
! worn to and. subscri. bed before me this.,
day 1980.
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(1)
E am Manager, Regulatory and Legislative Affairs, in the duelear Technology Qivision, of Westinghouse Electric Corporadt'on and as such,. I have been specifically delegated the functicri cf reviewing the proprietary information sought to be withheld ffem public dis-closure in connection with nuclear power planc licensing or ruie-making proceedings, and am authcrized to ado'Ty for its withhciding
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on behalf of the Westinghouse Water Reac:ce Of visions.
(Z)
E am making thi.s Affidavit in conformance '.sich the provisions of 10CFR 5ection Z.7g0 of the Comis: tion's regulacions 'and in con-function with the Mastinghouse a;cifcation for withhciding ac-companying this Affidavit.
(3)
I have personal knowledge of the criteria and procedures uciTized by Westinghouse Nuclear Energy Systems,in designating infor :tation as a trade secret,. privileged or as confidential comerical or financial information.
(4)
Pursuant to the provisions of paragraph (b)(4) of Section 2.7g0 -
of the Comission's regulations, the following is furnished for consideration by the Comission in detarmining whether the in-formation sought to be withheld from public disciosure should be withheld.
(i)
The information sougnt to be wi hheld frem public disclosure s
is owned and has been held in confidence by Westinghouse.
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F-CAW-80-31 C m.
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The infomation is of a. type custcmarily held in' confidence
- s, by Westinghouse and not customarily disclosed to the public.
sk kstinghouse has a radonal basis for detemining the types
. of infomation customarily held in confidence by it and, in
' s tnat connecdon, utilizes a'systam to detemine when 'and I ' i" whether to hold. cercain types of information in confidence.
The application of that system and the substance of that system consdtutes Wesdnghcuse policy and provides the rationaT. basis required.
Under that systam, information is held in confidence if it fails in one or more of several types, the release of which s
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might result. in the loss of an existing ~cr potantial ccm-
, pet t ve a vantage, as follcws:
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. (a}' The infomation reveals the distinguishing aspects of a process (or ccmponent, structure, taal, method, etc.)
i where prevention of its use by any of Wesdnghouse's competitors without license frcs Westinghouse consti-E\\s tutes a competitive economic advantage over other
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companies.
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~ (b)' 'It ~ consists of supporting data', including test datia, '
relative to a process (or component, structure, tect,
i method, etc.), the application of which data secures a a
competttive econcmic advantage, e.g., by optimizaticn or increved marketabiTity.
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. CAW-80-31 po (c)
Its use by a c:moetit:r would reduca his expenditure of resources or improve his c:mpetitive position in the design, manufacture, shipment, installation, assurance of quality, or ifcensing a similar product.
(d) ' It reveals cost or price infomation, production ' cap-acities', budget levels, or cemerciai strategies of Westinghouse, its cust:mers or suppliers.
(e)
It reveals aspects of past, present, or future West-inghouse or cust:mer funded development plans and pro-grams of potantial c:mmercial value to Westinghouse.
(f)
It contains patentable ideas, for which patent pro-tactiert 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 systam l
which include the following:
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(a)
The use of such infomation by Westinghouse gives Westinghouse a ecmpetitive advantage over its ccm-l petitors.
It is, therefore, withheld. frem disclosure to protect the Westinghouse c mpetitive position.
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CAW-80-31
-i-(b)
It is infornation wnich 'is marketable in many ways.
The extant to which such infomation is available to competitort diminishes the Westinghousa ability to sell products and services involving the use of the, infomation.
(c)
Usa by our c:mpetitor would put Westinghousa at a ccmpetitive disadvantage by reducing his expenditure of resourcas at our expensa.
'(d)
Each dariponeht"of *propri~etiry infamitton pertinent
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to a particular c:mpetitive advantage is potentially as valuabTe as the total c:mpetitive advantage.
If competitort acquire c:mponents of proprietary infor-
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any one c=m,onent may en ee xey to t.se ent4re puz:Te,. thereby depriving Westinghouse of a c:mpetitivt advantage.
(a)
Unrestricted disclosure would jeopardize the position of prominence of Westinghousa in the world market, and thereby give a markat advantage to the ccmcetition-in. thosa c:untries.
(f)
The Westinghouse capacity to invest corporate assets-irr resaarch and development depends upon the success in obtaining and maintaining a c mmetitive advantage.
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- CAW-60-31
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(iii)
The. infomation ir being transmitted to the Comission in confidenca and, under the previsions of ICCFR Section 2.790, it it to be recafved in confidenca by the Comission.
(fv)
The information sought to be protected is not available in '
public sources to the best of our knowledge and belief.
(v)
The proprietary infor ::ation sought to be withheld in this submittal is apprcpriately marked information provided to Westinghouse utility customers in WCAP-9745' entitled "Resu.1tr of Westinghouse-Raview of Environmental Qualifi-caticrt References for WRD Suppi.ied Category II Equipment with Respect ts the Staff Fositions in NUREG-0558" for their use f ri responding to the NRC request to review their Q
quaiffication pregrams against the standards established in NUREG-0558.
This information enables Westinghousa to:
(a)
Develop test inputs and precedures to satisfactorily verify the design of Westinghousa supplied equipment.
(b) Assist its customers to obtaf ri licenses.
i Further, the inf'omation has substantial c:mercia1 valua as follows.
i (a) Westinghouse can sell the usa of this infomation tc customers.
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- s (b) Westinghouse uses the information te verify the design of' equipment which is sold to customers.
1 (c) Westinghouse can se1T tasting servicas based upon che experienca gained and the test equipment and methods
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developed.
public disclosure of this infomation is likaly to cause substantial ham to the competitive position of Westinghouse,
because it would enhance the ability of competitors to design, manufacture, verify, and sell electrical equipment for ccm-mercial power reactors without cemensurata expenses. ATso, puhTic. disclosure of the information would enable others havjng the same or similar equipment to use the information ts meet NRC requirements for licensing dccumentation w'ithouc purchasing the right to use the infomation.
The development of the equipment described in part by the infomation is the result of many years of development by Westinghouse and the expenditure of a considerable sum of money.
This could only be duplicated by a competitor if he were to invest similar sums of money and provided he had the appropriate talent available and could somehcw obtain the requisita experier.ca.
Further the deponent sayeth not.
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