ML20064N294
| ML20064N294 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 02/09/1994 |
| From: | Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19304B884 | List: |
| References | |
| NUDOCS 9403290246 | |
| Download: ML20064N294 (7) | |
Text
i Westinghouse Energy Systems gQ p,sggg gg Electric Corporation February 9,1994 CAW-94-583 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
WCAP-13782, Revision 1, "Setpoint Program Determination for the Westinghouse Cold Overpressure Mitigating System in the Houston Lighting & Power South Texas Units 1 & 2 Revision 2" (Proprietary)
Dear Dr. Murley:
The proprietary information for which withholding is being requested in the above-referenced letter is further identified in Affidavit CAW-94-583 signed by the owner of the proprietary information, Westinghouse Electric Corporation. The affidavit, which accompales 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 authorizes the utilization of the accompanying Affidavit by Houston Lighting & Pont Company.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-94-583, and should be addressed to the undersigned.
Very truly yours, i
l M$
N. J. Liparulo, Manager Enclosures Nuclear Safety & Regulatory Activities cc: K. Hohrer/NRC (12115)
CIN079.DPDMNM4 PDR DO P.
q CAW-94-583 I
AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss 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 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 and Licensing Sworn to and subscribed before me this 1 O" "
day of V e b e u R u a
,1994 O
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. CAW-94-583.
(1)
I am Manager, Advanced Plant Safety and Licensing, in the Advanced Technology Business Area, of the Westinghouse Electric Corporation and as such, I have been specifically delegated the ftmetion of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant liccasing and rulemaking proceedings, and am authorized to apply for its withholding on behalf 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?00 of the Commission's regulations, the following is furnished for consideration by Jommission 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 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 ' hether to hold certain types of information w
in confidence. The application of that s' stem 'and the substance of that system constitutes Westinghouse policy and p.ovides 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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- CAW-94-583 (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.
(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.
(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 intbrmation, 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 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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4 (c)
Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense, i
i (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 key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.
l (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 success in obtaining and maintaining a i
competitive advantage.
(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 "Setpoint Program Determination for the Westinghouse Cold-Overpressure Mitigating System in the Houston Lighting and Power South Texas Units I and 2 (Rev. 2)", WCAP 13782, Revision 1 (Proprietary), February,1994 for South Texas Project Units 1 and 2, being transmitted by the Houston Lighting and Power Company (HL&P) letter and Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk, Attention Dr.
Thomas Murley. The proprietary information as submitted for use by Houston Lighting and Power Company for the South Texas Project is expected to be applicable 112foDIT)-453)194
.. CAW-94-583 in other licensee submittals in response to certain NRC requirements for justification of plant specific calculations for the Cold Overpressure Mitigation System Setpoints.
This information is part of that which will enable Westinghouse to:
(a)
Provide documentation of the analyses and methods used in power operated relief valve (PORV) setpoints for low temperature overpressure protection.
(b)
Establish the relationships between design basis overpressurization transients and PORV pressure relief characteristics.
(c)
Assist the customer to obtain NRC approval.
Further this information has substantial commercial value as follows:
(a)
Westinghouse plans to sell the use of similar information to its customets for purposes of meeting NRC requirements for licensing documentation.
(b)
Westinghouse can sell support and defense of Cold Overpressure Mitigation System Setpoint Methodology.
Public disclosure of this proprietary information is likely to cause substantial harm to l
the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar licensing documentation 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 i une information is the result of applying the results of many years of experience it. av intensive Westinghouse effort and the expenditure of a considerable sum of nn.ney.
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. CAW-94-583 In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a signifiant manpower effort, having the requisite talent and experience, would have to be expended for development and licensing of this technology.
Further the deponent sayeth not.
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