ML20058Q395

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Requests Proprietary Final Draft Scaling Logic for Core Makeup Tank Test Be Withheld from Public Disclosure Per 10CFR2.790(b)(1)
ML20058Q395
Person / Time
Site: 05200003
Issue date: 12/20/1993
From: Liparulo N
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Borchardt R
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20058Q390 List:
References
AW-93-557, NUDOCS 9312290070
Download: ML20058Q395 (9)


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1 Westinghouse Energy Systems bE Electric Corporation ""*""*"***

l AW-93-557 December 20,1993 l Document Control Desk i U.S. Nuclear Regulatory Commission  !

Washington, D.C. 20555 l l

ATTENTION: MR. R. W. BORCHARDT i

APPllCATION FOR WITHHOLDING PROPRIETARY I INFORMATION FROM PUBLIC DISCLOSURE  !

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SUBJECT:

DRAFT SCALING ANALYSIS FOR THE AP600 CORE MAKEUP TANK SEPARATE EFFECIS TES P3

Dear Mr. Borchardt:

l The application for withholding is submitted by Westinghouse Electric Corporation (" Westinghouse")

pursuant to the provisions of paragraph (b)(1) of Section 2.790 of the Commission's regulations. It contains commercial strategic information proprietary to Westinghouse and customarily held in confidence.

The proprietary material for which withholding is being requested is identified in the proprietary version of the subject report. In conformance with 10CFR Section 2.790, Affidavit AW-93-557 accompanies this application for withholding setting forth the basis on which the identified proprietary information may be withheld from public disclosure.

Accordingly, it is respectfully requested that the subject information which is proprietary to l Westinghouse be withheld from public disclosure :n accordance with 10CFR Section 2.790 of the Commission's regulations.

Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-93-557 and should be addressed to the undersigned.

Very truly yours, A-

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N. J. Liparulo, Manager Nuclear Safet< And Regulatory Activities

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cc: Kevin Bohrer NRC 12H5 1413A 9312290070 931220 Wy PDR ADOCK 0520000'4 A PDR N

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COPYRIGIIT NOTICE i

l The reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to l make the number of copics 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 the extent such information has been identified as proprietary by Westinghouse, copyright protection not withstanding. With respect to the non-proprietary versions of these reports, the NRC is permitted to make the number of copies beyond those necessary for its internal use which are necessary in order to have one copy available for public viewing in the appropriate docket files in the public document room in Washington, D.C. 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 copics 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 notice in all instances and the proprietary notice if the original was identified as proprietary.

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i PROPRIETARY INI'ORMATION 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 j information has been deleted in the non-proprietary versions, only the brackets remain (the information j 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) contained within parentheses located as a superscript immediately following the brackets enclosing each item of information being identified as proprietary or in the margin opposite such information. These lower case letters refer to the types of information Westinghouse customarily holds in confidence identified in Section (4)(ii)(a) through (4)(ii)(f) of the affidavit accompanying this transmittal pursuant to 10 CFR2.790(b)(1).

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1 AW-93-557 i 1

i AFFIDAVIT l

COMMONWEALTH OF PENNSYLVANIA:

ss i COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared Brian A. McIntyre, who, being by me 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 in this Affidavit are true and correct to the best of his knowledge, information, and belief:

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Brian A. McIntyre, Manager

. Advanced Plant Safety & Licensing j Sworn to and subscribed before me this 22 0 day of blev1M 1993 o m 2M.

s Notary Public Nousia! Scal Lorrano M.PgAs tktay Publi MarrooAo Bom ASe;tef Count /  !

My Common Expce Dtc 14 ?M5 .j 1

945TDE. FurprAa% A.mx. mon at icktocs 1

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AW-93-557 (1) I am Manager, Advanced Plant Safety and Licensing, in the Nuclear 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 behall of the Westinghouse Energy Systems Business Unit.

(2) I 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) 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 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 information sought to be withheld from public disclosure should be withheld.

(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 conhdence 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, l

l utilizes a system to determine when and whether to hold certain types of informadon j 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 competitive advantage, as follows. >

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AW-93 557 l

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

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.

(b) It consists of supporting data, including test data, relative to a process (or l

! 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.

(c) It reveals aspects of past, present, or future Westinghouse or 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 the Westinghouse ability to sell products and services involving the use of the information. -

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AW-93-557 This information is part of that which will enable Westinghouse to:

(a) Demonstrate the design and safety of the AP600 Passive Safety Systems.

(b) Establish applicable verification testing methods.

(c) Design Advanced Nuclear Power Plants that meet NRC requirements.

(d) Establish technical and licensing approaches for the AP600 that wr limately result in a certified design.

(e) Assist customers in obtaining NRC approval for future plants.

Further this information has substantial commercial value as follows:

(a) Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for advanced plant licenses. j l

l (b) Westinghouse can sell support and defense of the technology to its customers in $c licensing process.

Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of 1

competitors to provide similar advanced nuclear power designs and licensing defense services for commercial power reactors without commensurate expenses. Also, public l l 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.

l 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 a considerable sum of money.

WA

(c)

AW-93-557 Use by our competitor would put Westinghou by reducing his expenditure of resources at se at a competitive disadvan our expense.

(d)

Each component of proprietary information p competitive advantage is potentially as valuablertinent to a particular advantage. If competitors acquire component e as the total competitive one component may be the key to the entire puz ls of proprietary i Westinghouse of a competitive zadvantage. e, thereby depriving (e)

Unrestricted disclosure wouldjeopardize the p ii Westinghouse in the world market os t onand of prominence th of competition of those countries. ereby give a market advantage to the (f)

The Westinghouse capacity to invest corporate development depends upon the success i assets in research and competitive advantage. n obtaining and maintaining a (iii)

The information is being transmitted e to th C provisions of 10CFR Section 2.790, it is to beommission in confidence and, under t Commission. received in confidence by the (iv)

The information sought to be protected is not information has not been previously available empl in public sources or available to the best of our knowledge e. and beli f oyed in the sameooriginal manner or meth d (v)

Enclosed is letter ET-NRC-93-4031 ,

December 20,1993, Westinghouse Electric Corporation (Ebeing letttransmitted by Proprietary Information from Public Discl er and Application for Withholding Mr. R. W. Borchardt, Office of NRR The prosure, N. J. Liparulo (E, to use by Westinghouse Electric Corporation is inoprietary information as submitted AP600 plant and the associated designtocertifi response questions concerning the applicable in other licensee submittals in res cation application and is expected to be justification oflicensing advanced nucle ponse to certain NRC requirements for ar power plant designs.

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AW.93-557 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 developing analytical methods and receiving NRC approval for those methods.

Further the deponent sayeth not. j l

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