ML20062G806

Requests That Proprietary WCAP-12767, Applicability of Notrump to San Onofre Nuclear Generating Station Unit 1, Be Withheld Per 10CFR2.790(b)(4)

ML20062G806
Person / Time
Site:	San Onofre
Issue date:	11/27/1990
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Tatum J NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML13317B223	List: ML20062G802 ML20062G806
References
CAW-90-087, CAW-90-87, NUDOCS 9012030015
Download: ML20062G806 (14)

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Westinghouse Energy Systems

• • 8'dbad Electric Corporation Box 355 Pit'storgh Pennsyivania 15230 0355 November 27, 1990 CAW-90-087 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Mr. J. Tatum, Project Manager APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Use of NOTRUMP Computer Code for San Onofre Unit 1 Small Break Analysis

Dear Mr. Tatum:

The proprietary information for which withholding is being requested in the above referenced letter is further identified in Affidavit CAW 90-087 signed by the owner of the proprietary information, Westinghouse Electric Corporation.

The affidavit, which accompanies this letter, set) 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 authorizes the utilization of the accompanying Affidavit by Southern California Edison.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-90-087, and should be addressed to the undersigned.

Ver truly yours, cdcuotaid R ert A. Wiesemann, Manager Enclosures Regulatory & Legislative Affairs cc:

C. M. Holzle, Esq.

Office of the General Counsel, NRC 901203001b 90112/

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CAW 90 087 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

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COUNTY OF ALLEGHENY:

Before me, the endersigned authority, personally appeared Robert A. Wiesemann, who, being by me t1y sworn according to law, deposes and says that he is authorized t.o 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:

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Robert A. Wiesemann, Manager i

Regulatory and Legislative Affairs Sworn to'and subscribed before me 'his Y " day t

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LoRMlN!M PlPLCA, NOTARY PUBLC MoNRCEVILLE Bono. ALLEGHENYCoUNTY

' MYCoMM;SSON EXP;RES DEC 14.1991 Meber. Pennsyfvan,e Assxa'.tn of No'. vies.

1 CAW 90-087 g

I (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.

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l (2) 1 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.

L (3) I have personal' knowledge of the criteria and procedures utilized by the L

Westinghouse-Energy Systems Business Unit in designating information as a y

trade secret, privileged or as confidential commercial or financial i,

information.

l; (4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Commissi(n's regulations, the following is furnished for consideration by the Cc1 mission in determining whether the information sought to be withheld from public disclos_ e should be withheld.-

(1) _The information sought to be withheld from.public disclosure is owned and has been held in confidence by Westingnouse.

. CAW-90-087 (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 connection, utilizes a system to determine when and whether to hold certain types of information in confidence.

The application of that 1

system and the substance of that syst9m 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:

(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, t

(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.

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'O CAW-90-087 (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.

(e)

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 m0y be desirable.

l, (g)

It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agreements with the

. owner.

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There are sound policy reasons behind the Westinghouse system which include the-following:

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(a) The use of such information by West!nghouse gives Westinghouse a-L competitive advantage over its competitors. 'It is, therefore, L

withheld from disclosure to protect the Westinghouse competitive position.

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,. CAW-90-087 (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.

(c)

Use by our competitor would put Westinghouse at a competitive disadvantage 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 competitors acquire components of proprietary information, any one component may be the kay to the entire puzzle, thereby depriving Westinghouse of

- a crapetitive advantage.

(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 development depends upon the sucr.ess in obtaining and maintaining a competitive advantage.

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.- CAW-90-087 (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.

(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

" Applicability of NOTRUMP to the San Onofre Nuclear Generating Station Unit 1",

WCAP-12767, (Proprietary) for San Onofre being transmitted by the Southern California Edison Company (SCE) letter and Application for Withholding Proprietary Information from Public Disclosure, F. Nandy, SCE, to Document Control Desk, attention J. Tatum, November, 1990. The proprietary information as submitted for use by' Southern California Edison Company for-the San Onofre Unit 1 is expected to be applicable in other

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licensee submittals in response to certain NRC requirements for justification of use of computer models in loss of coolant-accident (LOCA) analysis.

. CAW 90-087 This information is part or that which will enable Westinghouse to:

(a)

Provide documentation of the stainless steel cladding models used in the LOCA NOTRUMP computer code.

(b)

Show applicability of the NOTRUMP model for plant specific applications to San Onofre Unit 1.

(c)

Provide additional margin for small break loss of coolant accident analysis for San Onofre Unit 1.

(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 sinillar information 1

to its customers for purposes of loss of coolant accident for analytical modeling.

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(b) Westinghouse can sell support and defense of this technology to its customers, l-

. CAW-90-087 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 competitors to provide similar analysical services and licensing defense services for commercial power reactors without commensurate 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.

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 expendittee of a considerable sum of money.

In order for compeittors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, naving the requisite talent and experience, would have to be expended for

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developing analytical methods.

Further the' deponent sayeth not.

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i ENCLOSURE 4 l

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Proprietary Information 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 preprietary information has been deleted in the non-proprietary versions 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 having been deleted.

The justification for claiming the information so designated 3s 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 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 c

i holds in confidence identified in Sections (4)(ii)(a) through (4)(ii)(g) of the affidavit. accompanying this transmittal pursuant to 10 CFR 2.790(b)(1).

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ENCLOSURE 5 i i a

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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 y

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 l

versions of these reports, the NRC is permitted to make the number of copies 1

beyond those necessary for its internal use which are necessary in order to j

have one copy available for public viewing in the appropriate docket files in the 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 persoril 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 instanus and the proprietary notice if the original was identified as proprietary.

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