ML20063P058
| ML20063P058 | |
| Person / Time | |
|---|---|
| Site: | Summer  |
| Issue date: | 10/04/1982 |
| From: | Dixon O SOUTH CAROLINA ELECTRIC & GAS CO. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19297F774 | List: |
| References | |
| NUDOCS 8210120248 | |
| Download: ML20063P058 (9) | |
Text
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SOUTH CAROLINA ELECTRIC & GAS COMPANY Post ospics 7e4 COLUMs A, SOU1H C AROUNA 29218 O.W.OlXON,JR.
Vice Pots @r'r October 4, 1982 NUCLea.t O>emarsoNo Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C.
20555
Subject:
Virgil C. Summer Nuclear Station Docket No. 50/395 Operating License No. NPF-12 Interim Power Capability
Dear Mr. Denton:
In response to Operating License Condition 2.C.14 South Carolina Electric and Gas Company provides:
a)
Five (5) copies of the Proprietary version of
" Interim Power Operation Evaluation Report" b)
Five (5) copies of the Non-Proprietary version of the
" Interim Power Operation Evaluation Report" c)
One (1) copy of the Westinghouse af fidavit for withholding proprietary information.
This submittal provides justification for operations of the Virgil C. Summer Nuclear Station in the 5 to 50% power range.
South Carolina Electric and Gas Company (SCE&G) will proceed through the approved testing program and hold at approximately power for this interim phase.
Additional timely 50%
justification will be provided as appropriate for operation beyond the limits of this evaluation.
This submittal contains information proprietary to Westinghouse Electric Corporation and is supported by an affidavit signed by Westinghouse, the owners of the information.
The affidavit 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 Section 2.790 of the Commission's regulations.
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B210120248 B21004 PDR ADOC% 05000395 P
7 e
Mr. Harold R.
Denton October 4, 1982 Page #2 Accordingly, it is respectfully requested that the information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Commission's regulati^ns.
Correspondence with respect to the proprietary aspect of this application for withholding or the supporting Westinghouse affidavit should reference CAW 82-59 and should be addressed to R.A.
Wiesemann, Manager, Regulatory and Legislative Affairs, Westinghouse Electric Corporation, P.O. Box 355, Pittsburgh, Pennsylvania 15230.
If you have any questions, please let us know.
Very truly yours,
//
O. H.
D xon, Jr.
RBC:OWD/fjc cc:
V.
C.
Summer (w/o attach.)
G. H. Fischer (w/o attach.)
H.
N. Cyrus (Proprietary)
T.
C.
Nichols, Jr.
(w/o attach.)
O. W. Dixon, Jr.
( Non-Proprietary)
M.
B. Whitaker, Jr.
(Non-Proprietary)
J.
P.
O'Reilly (Proprietary)
H.
T. Babb (Non-Proprietary)
D.
A.
Nauman
( No n-Proprietary)
C.
L. Ligon (NSRC)
(Proprietary)
W.
A. Willians, Jr.
( No n-Proprietary)
R.
B. Clary (Proprietary /Non-Proprietary)
O. S. Bradham (Proprietary)
A.
R.
Koon (Proprietary)
M.
N.
Browne (Proprietary)
G. J. Braddick (Proprietary)
J.
L. Skolds (Proprietary)
J.
B.
Knotts, Jr.
(Proprietary)
B.
A.
Bursey
( Non-Proprietary)
J.
B. Cookinham (w/o attach.)
NPCF (w/o attach.)
File (Proprietary /Non-Proprietary)
t CAW-31-86 AFFIDAVIT COMMONWEALTH OF PENilSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared E. P. Rahe, J.., 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:
L E. P. Rane, Jr., (tj3 nager Nuclear Safety Deartnent Sworn to and subscribed before me this g day of m /, 2 1981.
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L/fnu
[ Notary Pub [ic [ g e
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' CAW-81-86 (1)
I am Manager, Nuclear Safety Department, in the Nuclear Technology Division, of Westinghouse Electric. Corporation and as such, I have
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been specifically delegated the function of reviewing the pro-prietary information sougnt to be withheld from public disclosure in connection with nuclear power plant licensing or rulemaking 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 10CFR Section 2.790 of the Commission's regulations and in con-junction with the Westinghouse application for withholding ac-companying this Affidavit.
(3)
I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Energy Systems in derignating information as a. trade secret, privileged or as confidsntial commercial or~
financial.infomation.
(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. frcm public disclosure should be withheld.
(1)
The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
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Y b
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~ CAW-81-86 (ii)
The information is of a type customarily ' held in confidence by Westingnouse and not customarily disclosed to the public.
Westingnouse 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 wnen 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 exis' ting or potential com-petitive advantage, as foll,ows':
(a)
The information reveals the disttnquishing aspects of, a process (or ccmponent, structure, tool, methed, etc.)
where prevention of its use by any of Westinghause's competitors without license from Westinghouse consti-tutes a competitive economic advantage over other companies.
(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 imp oved marketability.
W
'. CAW-81-66 (c)
Its use by a ccmpetitor 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 cap-acities, budget levels, or commercial strategies of Westinghouse, its customers or. suppliers.
(e)
It reveals aspects of past, present, or future West-inghouse or custcmer funded development plans and pro-grams of potential commercial value to Westinghouse.
(f)
It contains patentable ideas, for which patent pro-tection may be desirable.
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(g). It. is not the property of Westinghouse, but must be treated as proprietary by tiestinghouse according to agreement: with the owner.
There are sound policy raasons behind the Westinghouse system which irclude tne followin'g:
(a)
The use of such information by Westinghouse gives Westinghouse a. competitive advantage ove'r its com-petitors.
It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
l
, ' CAW-81-86 (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 Westingnouse 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 advan'tage.
If competitors acquire components of proprietary infor-mation, any one component may be,t!Te key to the entire puzzle, thereby depriving Westinghouse of a compatitive advantage.
(e)
Unrestricted disclosure would jeopardize the position of prominence cf Westinghouse in the world market, 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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' CAW-81-86 (iii)
The information is being transmitted to the Commission in confidence and, under the provisions of 10CFR Section 2.7%,0, 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 pre-i viously enployed in the same original manner or method to l
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 Model 0-3 Steam Generator Presentation Slides for the McGuire Unit i being transmitted by the Duke Power Company letter Applica-tion for Withholding Proprietary Information from Public Discicsure, Parker to Youngbicod, December 1981.
The pro-prietary informatica as submitted is dddected to be applicable in other licensee and applicant submittals in response to~c'er-i
- i tain NRC requirements fcr justification of the steam generator design and operation.
F This information is part of that which will enable Westing-house to:
(a)
Provide documentation of the analyses, method ~and test-ing-for product design and operation.
~
l (b)
Assist the customer to obtain NRC approval.
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, CAW-Gl-86 Further this information.has substantial commercial value as follows:
(a)
Westinghouse plans to sell similar information to its customers for purposes of meeting NRC requirements for licensing documentation.
(b) Westinghouse can sell support and defense of the tech-nology to its customers in the licensing process.
Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to pro-vide similar analytical documentation and licensing defense services for commercial.powar reactors,,without commensurate expenses.
Also, public aisclosure of dhe information would
[,
enable others tc use the information to ~ meet NRC require I
.\\
ments for licensing docume,ntation without purchasing the
~
right to use the information.
i The developmeat 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.'
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In order for competit' ors of Westinghouse to duplicate this information, similar technical programs would have to be l
performed and a significant manpower effort, having the
{
l requisite talent and experience, would have to be expended 1
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for system design software development.
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Further the deponent sayeth not.
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