ML20058H505
| ML20058H505 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 07/31/1990 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19310C840 | List: |
| References | |
| CAW-90-048, CAW-90-48, NUDOCS 9011190107 | |
| Download: ML20058H505 (11) | |
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i Westinghouse.
Energy Systems Ba 355 Electric Corporation Pittsbutgh PennsyNanla 15230-0355
,t July 31, 1990 CAW-90-048 4
Document. Control Desk
-US Nuclear Regulatory Commission h shington, DC '20555 Attention: Dr. Thomas Murley, Director-p APPLICATION FOR WITHHOLDING PROPRIETARY-INFORMATION FROM PUBLIC DISCLOSURE
Subject:
- " Westinghouse' Revised Thermal' Design Procedure, Instrument T
LUncertainty Methodology for Northeast Utilities Millstone 3 Nuclear Power Station"
Dear. Dr. Murley:
The proprietary information for which withholding is being requed6d in the 1
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above-referenced letter is further identified in Affidavit CAW-90-048 signed by.
the owner of the proprietary -information, Westinghouse Electric Corporation.
The: affidavit, which accompanies this letter, sets forth the basis on which the i,
information may. be withheld from'public disclosure by the Commission and addresses with specificity the considerations listed in. paragraph -(b)(4) of 10 4
CFR Section 2.'790 of the Commissionfs regulations, tAccordingly, this ; letter authorizes the utilizatian of the accompanying-il L
Affidavit-by. Northeast Utilities Service Company.
- Correspondence with respect Io the proprietary aspects of the application:fo'r,
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Lwithholding or the Westinghouse affidavit'should reference this letter, CAW-90-048,-andEshould be: addressed to the' undersigned.
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Ve y truly yours,
. b (L 'A. NMdE(
i o rt esemann, Manager i
L Enclosures Regulatory & Legislative Affairs 1
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C. M.:Holzle, Esq.,
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' Office of the-General Counsel, NRC l
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n PROPRIETARY INFORMATION NOTICE
-TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/0R PLANT SPECIFIC REVIEW AND-APPROVAL.
. IN ORDER TO CONFORM'TO THE PEQUIREMENTS OF 10CFR 2.790 0F THE COMMISSION'S" REGULATIONSLCONCERNING THE PROTECTION OF PROPRIETARY:INFORMATION SO SUBMITTED TO THE NRC, THE INFORMATION WdlCH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND k!ERE THE PROPRIETARY.lNFORMATION HAS BEEN
- DELETED IN'THE NON-PROPRIETARY VEkSIONS ON THE BRACKETS REMAIN, THE INFORMATION THAT WAS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION HAS
- BEEN DELETED IN THE NON-PROPRIETARY VERSIONS ONLY'THE BRACKETS REMAIN, THE INFORMATION THAT-WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY. VERSIONS HAVING1BEEN DELETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION S0 -
DESIGNATED AS PROPRIETARY-IS INDICATED IN BOTH VERSIONS BY MEANS OF LOWER CASE-
-LETTERS (a)'THROUGH (g) CONTAINED WITHIN' PARENTHESES LOCATED AS A SUPERSCRIPT
'IMMEDIATELY FOLLOWING THE BRACKETS ENCLOSING'EACH ITEM.CF INFORMATION BEING
' IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH JNFORMATION. THESE.
LOWER C',SE' LETTERS REFER TO THE TYPES OF INFORMATION WESTINSH0VSE CUSTOMARILY:
HOLDS IN CONFIDENCE IDENTIFIED.IN SECTIONS (4)(ii)(a).THROUGH.(4)(ii)(g),0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT.T0.10CFR2.790(b)(1).
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. Copyright Notice
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The reports transmitted herewith each bear a Westinghouse copyright-notice.
The NRC is p'ermitted to make the number of copies of the information contained-
- in,these reports which are n'ecessary for its internal use in connection with A
' generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or i
violation of a li:ense, permit, order, or regulation subject to the requirements of-10 CFR 2.790 regarding restrictions on public disclosure to the extent such. information has been identified as proprietary by Westinghouse,
' copyright protectioe not withstanding.
With respect to the non-proprietary
. versions of these reppts, ;the NRC is permitted to make the number of copies o
beyond. those.necessary for its internal use which are necessary in order to have,one copyLavailable for public viewing in the appropriate docket files in Lthe -public document room in Washington, DC and in local 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 rooms.. Copies made by the NRC must-include the copyright 1 notice in
- all instances 1and-the proprietary -notice 'if the original was. identified as proprietary.
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CAW-90-048 AFFIDAVIT COMMONWEALTH OF PENNSYLVAN:A:
i ss COUNTY OF ALLEGHENY:
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- 1; Before me, the undersigned authority, personally appeared Robert A.: Wiesemann, who,.being tiy me duly sworn according to law, deposes and says that.hetis authorized to execute this Affidavit on
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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:
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.,4 Robert A. Wiesemann, Manager i
- Regulatory and: Legis1ative. Affairs -
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Sworn to' and' subscribed :
' before me this #A Nay' 1
- i c of Q W, 1990.
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NOTAR!AI, SEM.
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' LoRRAINE M PIPLCA, NOTARY PUBLC L
MoNRoEVILLE Boro, ALLEGHENYCoUNTY j
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MYcoMMISsCN EXPIAEs DEC 14,1M1 Menter.Perrspea Ateximeno!Notves J
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CAW-90-048 l
=(1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear and Advanced Technology Division, 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 rulemaking proceedings, and am' authorized to apply for its withholding on behalf of the Westinghouse-Energy Systems Business Unit.
(2)?! am making this' Affidavit in conformance with the provisions of 10CFR
.Section 2.790 of the Commission's regulations and in conjunction-with the Westinghouse. application for withholding accompanying this Affidavit.
(3) 1-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 ii1 formation.-
L(4): Pursuant to-the provisions-of paragraph (b)(4)_ of Section 2.790 of.the' Commission's regulations, the following is furnished for; consideration byf 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
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J and has been held in confidence =by_ Westinghouse.
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(ii) 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 E
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 -
1 resultnin the' loss of-an existing or potential competitive advantage, as'follows:
.(a) The' information reveals the distinguishing aspectsc of 'a.
process (or component, structure, tool, method,,etc.) where prevention of 'its use by any, of Westinghouse's competitors 1
-with'out~ license.from Westinghouse constitutes a competitive.
h economic advantage over.other companies.
(b)' It consists of supporting data, including test data, relative,to a process.'(or. component,. structure, tool,
'l 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 design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.
(d). It reveals cost or price information, production 4
capacities, budget levels, or commercial, strategies of
-Westinghouse, its customers or suppliers.
(e).It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of l.}
potential commercial. value to Westinghouse.
n (f)
It contains patentable ' ideas, for which patent _ protection may be desirable.
(g). It is not the property cf Westinghouse, but must' be treated
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cas' proprietary by: Westinghouse.according'to agreemtats with the owner.
There areLsound: policy reasons behind the Westinghouse system which include the following:
(a)' The use of such Linformation by Westinghouse gives Westinghouse.a' competitive advantage over.its competitors.
It.is, therefore, withheld from. disclosure to protect the 1
. Westinghouse-competitive position.
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-4 5-CAW-90-048 (b)
It is information which is marketable in many wa s.
The extent to which such information is available o competitors diminishes 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 his expenditure of i
resources at our expense.
(d)
Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable 1
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-t'o the competition of those; countries.-
(f)f The Westinghouse capacity;to invest corporate assets'in
~research and deselopment depends-upon the success in obtaining and maintaining a competitive advantage.
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. CAW-90-048 i
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(iii)
The 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.
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(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, b'
.(v).
The proprietary information sought to be withheld in this submittal is that which is appropriately marked'in g
" Westinghouse Revised Thermal Design Procedure Instrument Uncertainty Methodology for Northeast Utilities Millstone 3 Nuclear Power Station", WCAP-12621, (Proprietary) for a.
Millstone 3 Nuclear Power Station, being transmitted.by s
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' Northeast-Utilities Service Company (NEU) letter and r
L Application for Withholding Proprietary.Information from q
Public Disclosure, Ravi-Joshi,(AEP,=to Document Control Desk, Attention Dr. Thomas-Murley,jJuly,1990. The' proprietary information as submitted for 'ne by Northeast Utilities Service Company for the Millstone 3 Nuclear Power Station:is expected:to be applicable;in other licensee-L L
submittalsfin response to certain.NRC requirements for'.
I justification of = instrumentation and system uncertainties.
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j 7-CAW 90 048 This information is part or that which will enable Westinghouse to:
(a)
Provide documentation of the analyses, methods, used for determining technical specification setpoints, utilizing the instrumentation uncertainties.
L (b) Calculate the instrumentation uncertainties for the Technic.a1 Specification setpoints, i
(c)
Establish systematic and random uncertainties in providing 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 i
as follows:
(a) Westinghouse plans to sell the use of similar information to its customers for purposes of meeting l,
NRC requirements for licensu.; documentation.
(b) Westinghouse can sell support and defense of the L
technology.to its customers in future instrument uncertainty methodulogy.
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- CAW 90 048 a
Public disclosure of this proprietar/ information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar analytical documentation and licensing defense services for commercial power reactors without consnensurate expenses.
Also, 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 technology described in part by the information is the result of applying the results of many
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years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.
1 In order for competitors of Westinghouse to duplicate this itNmation, similar technical programs would have to be l'
performed and a significant manpower effort, having the requisite talent and experience, would have to be expended I
for developing analytical methods and performing tests.
Further the deponent sayeth not, l
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