ML20056D095
| ML20056D095 | |
| Person / Time | |
|---|---|
| Site: | Wolf Creek  |
| Issue date: | 07/12/1993 |
| From: | Black S Office of Nuclear Reactor Regulation |
| To: | Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| References | |
| NUDOCS 9308030351 | |
| Download: ML20056D095 (6) | |
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20556-0001
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July 12, 1993 l
Docket No. 50-482 l
Mr. N. J. Liparulo Manager of Nuclear Safety
-l and' Regulatory Activities Westinghouse Electric Corporation i
P. O. Box 355 Pittsburgh, Pennsylvania 15230-0355 Dear Mr. Liparulo.
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SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE l
(CAW-93-426)
By letter dated March-11, It'92, Wolf Creek Nuclear Operating Corporation (WCNOC) submitted the. report " Reload Safety Evaluation Methodology'for the Wolf Creek Generating Station," and requested that it be withheld from public j
disclosure pursuant to 10 CFR. 2.790.
Portions of the information included in that document are owned by Westinghouse.
j A letter and an affidavit dated February 26, 1993,.from Westinghouse, were included in a supplemental letter dated March 16, 1993, from WCNOC.
i Westinghouse states that the submitted information should be considered exempt from mandatory public disclosure for the following reasons-
"(i)
The information sought to be withheld from public' disclosure is owned and has been held in confidence by. Westinghouse.
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"(ii)
The information is of a type customarily held in confidence by i
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 t
connection, utilizes a system to determine when and whether to hold l
certain types of information in confidence. The application of that i
system and the substance of that system constitutes Westinghouse policy &nd provides the rational basis required, d
"Under that system, information is held in confidence if it~ falls in j
one or more of several types, the release of which might result in the-loss of an existing or potential competitive advantage, as follows:
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d Mr. N. J. Liparulo July 12,1993
"(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, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.
"(c) Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, 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 customers or suppliers.
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"(e) It reveals aspects of past, present, or future Westinghouse or
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customer funded development plans and programs of potential commercial value to Westinghouse.
"(f) It contains patentable ideas, for which patent protection may be desirable.
"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.
"(b) It is information which is marketable in many ways. The extent to which such information is available to competitors diminishes l
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 this expenditure of resources at our expense.
"(d) Each component of proprietary information pertinent to a -
particular competitive advantage is potentially a's valuable as i
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.
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Mr. N. J. Liparulo July 12,1993 i
"(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 developo nt depends upon the success in' obtaining and maintainini competitive advantage.
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"(iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR 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 " Reload Safety Evaluation i
Methodology for the Wolf Creek Generation Station", January,1993 for the Wolf Creek Generating Station, being transmitted by the Wolf Creek Nuclear Operating Corporation (WCNOC) letter and Application for Withholding Proprietary Information from Public Disclosure, WCNOC to NRC Document Control Desk.
The proprietary information as submitted for use by Wolf Creek Nuclear Operating Corporation for the Wolf Creek Generating Station is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of reload safety evaluation methodology.
"This information is part of that which will enable Westinghouse to:
"(a) Provide documentation of the methods for plant reload safety evaluations.
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"(b) Identify parameters which must be considered when performing a reload safety evaluation.
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"(c) Establish applicable analytical techniques.
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"(d) 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 it its customers for purposes of obtaining approval for reload safety evaluation methodology.
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"(b) Westinghouse can sell support and defense of the technology to its customers in the licensing process.
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5 Mr. N. J. Liparulo July 12, 1993 "Public disclosure of this proprietary information is likely to cause i
substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar reload safety evaluation methodologies and licensing defense services for commercial power reactors without commensurate expenses.
Also, public disclosure of the information would enable others to use the 1
information to meet NRC 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 i
a considerable sum of money.
"In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and j
a significant manpower effort, having the requisite talent and i
experience, would have to be expended for developing the analytical methods for reload safety evaluations."
We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Westinghouse Electric Corporation's statements; have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
'l Therefore, we have determined that the document entitled " Reload Safety i
Evaluation Methodology for the Wolf Creek Generating Station," marked as j
proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.
Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the document.
If the need arises, we may send copies of this information to our consultants working in this area.
We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.
If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC.
You should also i
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i Hr. N. J. Liparulo July 12, 1993 understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information.
In all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, Original Signed By Suzanne C. Black, Director Project Directorate IV-2 Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation cc:
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4 Mr. N. J. Liparulo July 12, 1993 cc:
Jay Silberg, Esq.
Mr. Otto Maynard Shaw, Pittman, Potts & Trowbridge Vice President, Plant Operations 2300 N Street, NW Wolf Creek Nuclear Operating Corporation Washington, D.C.
20037 P. O. Box 411 Burlington, Kansas 66839 Mr. C. John Renken Policy and Federal Department Regional Administrator, Region IV Missouri Public Service Commission U.S. Nuclear Regulatory Commission P. O. Box 360 611 Ryan Plaza Drive, Suite 1000 Jefferson City, Missouri 65102 Arlington, Texas 76011 Regional Administrator, Region Ill Mr. Kevin J. Moles U.S. Nuclear Regulatory Commission Manager Regulatory Services 799 Roosevelt Road Wolf Creek Nuclear Operating Corporation Glen Ellyn, Illinois 60137 P. O. Box'411 Burlington, Kansas 66839 Senior Resident Inspector U.S. Nuclear Regulatory Commission Mr. Bart D. Withers P. O. Box 311 President and Chief Executive Officer Burlington, Kansas 66839 Wolf Creek Nuclear Operating Corporation Post Office Box 411 Chief Engineer Burlington, Kansas 66839 Utilities Division Kansas Corporation Commission Mr. Forrest T. Rhodes 1500 SW Arrowhead Road Vice President, Engineering Topeka, Kansas 66604-4027 Wolf Creek Nuclear Operating Corporation Post Office Box 411 i
Office of the Governor Burlington, Kansas 66839 State of Kansas Topeka, Kansas 66612 Attorney General lst Floor - The Statehouse
'I Topeka, Kansas 66612 i
County Clerk Coffey County Courthouse i
Burlington, Kansas 66839 Mr. Gerald Allen Public Health Physicist
-l Bureau of Environmental Health Services Division of Health Kansas Department of Health and Environment 109 SW Ninth I
Topeka, Kansas 66612