ML20058A257
| ML20058A257 | |
| Person / Time | |
|---|---|
| Site: | Summer  |
| Issue date: | 11/02/1978 |
| From: | Crews E SOUTH CAROLINA ELECTRIC & GAS CO. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| References | |
| CAW-78-77, NUDOCS 7811210286 | |
| Download: ML20058A257 (10) | |
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. c s SOUTH CAROLINA ELECTRIC a GAS COMPANY POST OFFICE Box 764 CotuMeiA, SOUTH CAROLINA 29218 E. H. Ca tws, J R.
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November 2, 1978 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D. C. 20555 l
Subject:
Virgil C. Summer Nuclear Station Docket No. 50-395 Application for Withholding Proprietary Information from Public Disclosure Mass and Energy Release Data
Dear Mr. Denton:
S. C. Electric & Cas Company, acting for itself and as agent for S. C.
Public Service Authority, herewith files one (1) copy of FSAR Table 6.2-48c showing Mass and Energy Releases to Containment during Main Steam Line Break.
This information is being submitted in support of the Application for Opera-ting License for the Virgil C. Summer Nuclear Station.
As this submittal contains information proprietary to Westinghouse Electric Corporation, it is 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..oblic disclo-sure 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 j
proprietary to Westinghouse be withheld from public disclosure in accordance l
with 10CFR Section 2.790 of the Commission's regulations.
Correspondence with
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respect to the proprietary aspects of the application for withholding or the supporting Westinghouse affidavit should reference CAW-78-77, and should be addressed to R. A. Wiesemann, Manager, Regulatory and Legislative Affairs, Westinghouse Electric Corporation, P.
. Bpx 355, Pittsburgh, Pennsylvania 15230.
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Ver
- uly yours, 1
E.
1.
rews, Jr.
EHCJr:RBW:msd CC: Messrs.
G. H. Fischer T. B. Conner, Jr.
H. T. Babb J. A. Cooke, Esq.
W. C. Mescher NPCF/Dixon W. A. Williams, Jr.
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CAW-78-77 AFFIDAVIT COMMONWEALTH 0F 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 behalf of Westinghouse Electric Corporation (" Westinghouse") and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information and belief:
The proprietary material of Westinghouse being transmitted by t?e South Carolina Electric and Gas Company - table showing Mass and Energy Releases to Containment, Steam Line Break - is of the same technical type as that proprietary material previously submitted to the Commission in August, 1976.
Justification for withholding such information from public dis-closure has been provided by Westinghouse in a previously submitted affidavit, AW-76-29, dated July 23, 1976, which was approved by the Commission on June 14, 1978, a copy of which is attached. The aver-ments in that affidavit apply equally to the above referenced trans-mittal and are incorporated herein by reference.
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Further tb deponent sayeth not.
Ibtl AA80AU Robert A. Wiesemann, Manager Regulatory & Legislative Affairs Sworn to and subscribed before me this $ [, day of
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1978.
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AFFIDAVIT 6 NWEALTH OF PENNSYLVANIA:
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. COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared
.Sobert 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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.ments of fact set forth in this Affidavit are true and correct to the
.best of his knowledge, information, and belief:
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dffd%t Robert A. Wiesemann, Manager '
' Licensing Programs 1
Sworn to and subscribed before me.thisc48 day of b lI 1976.
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(1)
I am Manager, Licensing Programs, in the Pressurized Water Reactor Systems Division, of Westinghouse Electric Corporation and as such,
, I have been specifically delegated the function of reviewing the
' 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 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 Commission's regulations and in con-junction with the Alabama Power Company application for withholding accompanying this Affidavit.
(3)
I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Energy Systems in designating informati,on as a trade secret, privileged or as confidential commercial or financial information.
(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 in-formation sought to be withheld from public disclosure should be withheld.
l' (1) The information sought to be eithheld from public disclosure is owned and has been hcid in cer.fidence b'y Westinghouse.
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.(11) The information is of a type customarily held in confidence by 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 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 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:
. s (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 consti-tutes a competitive economic advantage over othe' companies.
(b)
It consists of supporting data, including test data, relative to a process (or ccuponent, 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 or improve his competitive position in the e
design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.
(d) It reveals cost or price information, production cap-acities, budget levels, or comercial strategies of Westinghouse, its customers or suppliers.
(e)
It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-
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grams of potential comercial value to Westinghouse.
l (f)
It contains patentable ideas, for which patent pro-t l
l tection may be desirable.
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(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 t'1e Westinghouse system which include the following:
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(a) The use of such information by Westinghouse gives
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Westinghouse a competitive advantage over its com-petitors.
It is, therefore, withheld from disclosure l
to protect the Westinghouse competitive position.
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(b)
It is information which is marketable in many ways.
The extent to which such infomation is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.
Use by our crmpetitor would put Westinghouse at a (c) s l
competitive.iisadvantage by reducing his expenditure of resources at our expense.
(d) Each component of proprietary information pertinent to a particular competitive advantage is potentially
.as valuable as the total competitive advantage.
If,
i competitors acquire components of proprietary infor-mation, any one component may be the key to the entike
. puzzle, thereby depriving Westinghouse of a competitive advantage.
(e) Unrestricted disclosure would jeopardize the positic:
of prominence of Westinghouse in the world market, l
and thereby give a market advantage to the competition
'in 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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t (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 is not available in public sources 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 the en-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.
i-s This information enables Westinghouse to:
ig (a) Justify the design basis for emergency systems.
s (b) Assist its customers to obtain licenses.
(c) Optimize long-term cooling design.
(d) Verify computer codes used for accident analyses.
Further, this information has substantial commercial value as follows:
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(a) Westinghouse sells the use of the informittien to its customers for purposes of meeting NRC requirements for l
licensing documentation.
(b) Westinghouse uses the information to perform and justify analyses which are sold to customers.
Public disclosure of this information is likely to cause sub-stantial harm to the competitive position of Westinghouse because it would enable others to use the information to meet NRC requirements for licensing documentation without purchasing.
the right to use the information.
The development of this information is the result of many years of Westinghouse effort and the expenditure of a consider &bje sum of money.'
l In order for competitors of Westinghouse to duplicate this information, similar experimental test programs would have to be performed-and a significant manpower effort, having the requisite talent and experience, would have to be expended for data analyses and code development.
Further the deponent sayeth not.
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