ML20058G329

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Requests That Proprietary Document Entitled, VIPRE/WRB-1 DNBR Thermal Limit for Westinghouse Fuel Types, Be Withheld (Ref 10CFR2.790)
ML20058G329
Person / Time
Site: Haddam Neck File:Connecticut Yankee Atomic Power Co icon.png
Issue date: 11/05/1993
From: Liparulo N
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Murley T
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation
Shared Package
ML19311B214 List:
References
CAW-93-543, NUDOCS 9312090180
Download: ML20058G329 (9)
v • d • e


Text

q Westinghouse Energy Systems Bor355 "3"355 Electric Corporation November 5,1993 CAW-93-543 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Romas Murley, Director APPLICATION FOR WITilllOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Transmittal of "VIPRE/WRB-1 DNDR Thermal Limit for Westinghouse Fuel Types,"

[ Proprietary], Connecticut Yankee Atomic Power Company Letter B14663

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the above-subject letter is further identified in Affidavit CAW-93-543 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 10 CFR Section 2.790 of the Commission's regulations.

Accordingly, this letter authorized the utilization of the accompanying Affidavit by the C(mnecticut Yankee Atomic Power Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-93-543, and should be addressed to the undersigned.

Very truly yours, Y)

Nicholas L Lipa ulo, Manager Nuclear Safety and Regulatory Activities Enclosures cc:

Kevin Bohrer/NRC (12115) 9312090100 931129 DR ADOCK 05000213 L eDR u

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Propriet:ry Inform:tioi Notice Transmitted herewith are proprietary and/or non-proprietary versions of documents furnished to the NRC in connection with requests for generic and/or plant-specific review and approval.

In order to conform to the requirements of 10 CFR 2.790 of the Commission's regulations concerning the protection of proprietary information so submitted to the NRC, the information which is proprietary in the proprietary versions is contained within brackets, and where the proprietary information has been deleted i

in the non-proprietary versions, only the brackets remain (the information that was contained within the brackets in the proprietary versions having been deleted). The justification for claiming the information so designated as proprietary is indicated in both versions by means of lower case letters (a) through (f) k>cated as a superscript immediately following the brackets enclosing each item of information being identified as proprietary or in the margin opposite such information. These lowercase letters refer to the types of information Westinghouse customarily holds in confidence identified in Sections (4)(ii)(a) through (4)(ii)(f) of the affidavit accompanying this transmittal pursuant to 120 CFR 2.790(b)(1).

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Copyright Notice The reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copies of the information contained in these reports which are necessary for its internal use in connection with generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order or regulation subject to the requirements of 10 CFR 2.790 regarding restrictions on public disclosure to extent such information has been identified as proprietary by Westinghouse, copyright protection notwithstanding. With respect to the non-proprietary versions of these reports, the NRC is permitted to make the number of copics beyond those necessary for its internal use which are necessary in order to have one copy available for public viewing in the appropriate ds ket files in the public document room in Washington, DC and in k> cal public document rooms as may be required by NRC regulations if the number of copies submitted is insufficient for this purpose. The NRC is not authorized to make copies for the personal use of members of the public who make use of the NRC public document nmms. Copies made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.

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i CAW-93-543 l

AFFIDAVIT r

l' COMMONWEALTli OF PENNSYLVANIA:

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i COUNTY OF ALLEGilENY:

I Before me, the undersigned authority, personally appeared 11enry A. Sepp, who, being by me

j duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on i

behalf of Westinghouse Electric Corporation (" Westinghouse") and that the averments of fact set forth j

in this Affidavit are true and correct to the best of his knowledge, information, and belief:

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CAW-93-543 t

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(1)

I am Manager, Strategic Licensing issues, in the Nuclear and Advanced Technology l

Divisions, of the Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing and rulemakmg i

proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse -

Energy Systems Business Unit.

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l (2)

I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the

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Commission's regulations and in conjunction with the Westinghouse application for

-j withholding accompanying this Af0 davit.

(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 j

con 0dential commercial or financial information.

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(4)

Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Commission's i

l regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld.

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(i)

The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

(ii)

The information is of a type customarily held in con 0dence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining the types of information customarily held in con 0dence by it and, in that connection, j

utilizes a system to determine when and whether to hold cenain types of information in confidence. The application of that system and the substance of that system l

constitutes Westinghouse policy and provides the rational basis required.

Under that system, information is held in con 0dence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential' 1

l competitive advantage, as follows:

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, CAW-93-543 i

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l (a)

The information reveals the distinguishing aspects of a process (or component, j

structure, tool, method, etc.) where prevention of its use by any of l

Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

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I (b)

It consists of supporting data, including test data, relative to a process (or i

component, structure, tool, method, etc.), the application of which data secures a co npetitive economic advantage, e.g., by optimization or improved

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marketability.

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(c)

Its use by a competitor would reduce his expenditure of resources or improve l

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his competitive position in the design, manufacture, shipment, installation, I

assurance of quality, or licensing a similar product.

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(d)

It reveals cost or price information, production capacities, budget levels, or j

commercial strategies of Westinghouse, its customers or suppliers.

J (c)

It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse, l

(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:

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(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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  • CAW-93-543 b)

It is information which is marketable in r ny ways. The extent to which such

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information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.

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(c)

Use by our competitor would put Westinghouse at a competitive disadvantage j

r 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 j

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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(c)

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.

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(f)

The Westinghouse capacity to invest corporate assets in research and l

development depends upon the success in obtaining and maintaining a j

competitive advantage.

(iii)

Tbc 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 "VIPRE/WRB-1 DNBR Thermal Limit For Westinghouse Fuel Types," Proprietary, October 1993 for reproducing Westinghouse's inethodology, being transmitted by the Connecticut Yankee Atomic Power Company via letter, CYAPCO-B14663, and Application for Withholding Proprietary Information from Public Disclosure, J. F. Opeka to the attention of Dr. T. Murley, Director, Office of NRR. The proprietary

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CAW-93-543 l

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information as submitted for use by the Connecticut Yankee Power Company for the Westinghouse reload j

cores is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of DNBR thermal limits.

This information is part of that which will enable Westinghouse to:

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Justify the thermal performance for reload cores.

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(b)

Assist its customers to obtain licenses.

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(c)

Optimize reactor design and performance while maintaining a high level of fuel integrity.

Further this information has substantial commercial value as follows:

1 (a)

Westinghouse plans to sell the use of similar information to its customers for purposes of future fuel upgrades.

i (b)-

Westinghouse can sell support and defense of the product to its customers in the licensing process.

Public disclosure of this proprietary information is likely to cause substantial harm to the competitive

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position of Westinghouse because it would enhance the ability of competitors to provide similar products j

i and licensing defense services for commercial power reactors without commensurate expenses. Also, i

public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

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The development of the tcchnology 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

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considerable sum of money.

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s. CAW-93-543 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 development testing and analytical methods.

Further the deponent sayeth not.

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