ML20066B972
| ML20066B972 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 12/12/1990 |
| From: | Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML17348A806 | List: |
| References | |
| CAW-90-100, NUDOCS 9101090084 | |
| Download: ML20066B972 (10) | |
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Westinghouse Energy Systems ygl;al6]gffd Electric Corporation Box 355 4
Nubu@ Pennsylvama 15?30 0355 December 12, 1990 CAW 90100 Document Control Desk l
US Nuclear Regulatory Commission Washington, DC 20555 j
Attention:
Dr. Thomas Murley, Director f
APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCl0SURE
Subject:
WCAP-12632,Rev 2 "RTD Bypass Elimination Licensing Report for Turkey Point Units 3 and 4" (Proprietary)
Dear Dr. Murley:
The proprietary information for which withholding is being requested in the enclosed letter by Florida Power and Light Company is further identified in Affidavit CAW-90-100 signed by the owner of the proprietary information, Westinghouse Electric Corporation. The affidavit, which accompanies this
-letter, sets forth the basis on which the information may be withheld from public c'isclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying Affidav_it by Florida Power and Light Caesany.
Correspondence with respect to the proprietary-aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-90-100,.and should be addressed to the undersigned.
Ver truly yours, q
pal
. DiPlazz, Manager Enclosures a ry &_ Legislative Affairs cc: - C. M. Holzle, Esq.
Office of the General Counsel, NRC V. Wilson, Nuclear Reactor Regulation 9101090004 900822 i
PDR ADOCK 05000230 P
I 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 REQUIREMENTS OF 10CFR 2.790 0F THE COMMISSION'S
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-REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SUBMITTED T0-THE NRC,:THE INFORMATION WHICH IS PROPRIETARY IN-THE PROPRIETARY: VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY"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 0
-WAS CONTAINED-WITHIN THE BRACKETS IN THE PROPRIETARY VERSIONS HAVING BEEN
- DELETED.
THE JUSTIFICATION FOR CLAIMING THE:INFORMATION S0 DESIGNATED AS
. PROPRIETARY-IS INDICATED IN BOTH VERSIONS BY.MEANS OF LOWER CASE LETTERS (a)fTHROUGH-(g) CONTAINED WI_ THIN PARENTHESES LOCATED AS A SUPERSCRIPT IMMEDIATELY FOLLOWING THE BRACKETS ENCLOSING'EACH ITEM 0F INFORMATION
~BEING' IDENTIFIED AS PROPRIETARY OR'IN THE MARGIN OPPOSITE SUCH LINFORMATION.
THESE LOWER CASE LETTERS REFER TO THE TYPES OF_ INFORMATION WESTINGHOUSE: CUSTOMARILY HOLDS INLCONFIDENCE IDENTIFIED IN SECTIONS (4)(fi)(a)--THROUGH (4)(ii)(g):0F THE AFFIDAVIT ACCOMPANYING THIS t
TRANSMITTAL.PURSUANTTO10CFR2;790(b)(1).-
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.l CAW 90-100 4
AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
Ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Ronald P. DiPiazza, who, being by me duly sworn accwding 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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-[41 Rfn DiPiazza, Manager OperHting Plant Licensing Support Sworn to and subscribed before me this day of
, 1990.
Notary Public
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- CAW 90-100 i
-(l)
I am Manager,' Operating Plant Licensing Support, 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)
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) 41 have. persona 1 knowledge of the criteria and procedures utilized by the j
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Westinghouse Energy-Systems Business Unit in designating information as a trade secret, privileged or as confidential commercial or financial
.information.
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 by the Commission.in' determining whether the information sought to-be -
7 withheld from public-disclosure should be withheld.
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__(i) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
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CAW 90-100-i (ii) The information is of a type customkrily 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-system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.
Under that system, infonnation is held in confidence if it falls in one or more of several tSpes, the release-of which might result in the' loss of an existing or potential competitive ad_ vantage, as follows:
(a)-- The '.nformation 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 J
application of which data secures a competitive economic advantage,'e.g., by optimization or impreved marketability.
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-41 CAW-90-100' (c)_ z Its use by a competitor would reduce his expenditure-of-resources orfimprove 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 orJsuppliers.
_(e). It reveals aspects of past, present, or future Westinghouse'or customer funded development plans and programs of potential'
' commercial 1value to West'inghouse.
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(f)' It contains patentable ideas, for which patent protection may be desirable.
- (g)
It islnot the property of Westinghouse, but-must be treated as proprietary'by-Westinghouse according to agreements with the owner.
lThere are/soundipolicyLreasons behindithe Westinghouse system which
' include the following':
.(a). The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors.
It Lis, therefore, withheld from disclosure to. protect the Westinghouse competitive position.
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1 CAW 90 100 4
i (b) -It is information which is marketable -in many ways. The extent to which such information is available to competitors diminishes -
i the Westinghouse ability to sell products and services involving the use of the information.
4 (c) Use by our competitor would put' Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our
- expense, (d): Eech component of proprietary information pertinent to a particular competitive advantage is potentially as _ valuable as
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the total competitive advantage.
If competitors acquire
- components of proprietary information, any one component may be _
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.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. 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-competitive advantage.-
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- ! CAW 904100 i
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I (iii)
The information is being transmitted to the Commission in g
- confidence and, under the provisions of 10CFR -Section 2.790,- it l
is to be received in confidence by the-Commission.
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-(iv) _
The information sought to be protected is not available in l
public sources or available information has not been previously o r know1 dge and el f
(E)-
The_ proprietary information sought to be withheld in this submittal is that which-is appropriately marked in "RTD Bypass
' Elimination Licensing Report-for Turkey Point-Units 3 and 4",
WCAP-12632, (Proprietary) for Turkey Point Units 3 and 4, being 3 transmitted <by the Florida Power and Light Company (FPL) letter-
- i and Application for Withholding Proprietary _ Informationlfrom:
Public-Disclosure, J. Goldberg, FPL, to Document Control Desk, to the Attention Dr. Thomas Murley, Director, Office of NRC, December,-.1990. The proprietary information as submitted for
-use by Florida. Power and Light CompanyEforlthe Turkey Point i
LUnits 3 and ~4 is expected to be-applicable -in -other _ licensee
'submittals in' response to certain NRC requirements for-justification.of actionsLto_ remove the existing Resistance--
Temperature. Detector -(RTD)- Bypass Elimination system and_ replace with fast' response thermowell-mounted RTD's in the reactor W
. coolant loop piping; I
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. CAW 90-100 This information is part or that which will enable Westinghouse to:
(a)
Provide documentation of the analyses, methods, and testing for reaching a conclusion relative to the removal of existing Resistance Temperature Detector (RTD) Bypass system and the replacement of fast response thermowell mounted RTD's.
(b)
Support the continued validity of Loss-of Coolant Accident (LOCA) and non LOCA safety analysis initial condition assumptions.
(c)
Establish the effects of the fast response thermowell RTD system on instrumentation and Reactor Coolant uncertainties.
(d) Assist the customer to obtain NRC-approval for operation with RTD Bypass Elimination.
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 satis /ying NRC requirements for licensing documentation.
(b) Westinghouse can sell support and defense of the RTD Bypass-Elimination technology to its customers in the licensing process.
s 1 CAW-90 100 4
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 i
to provide similar analytical-documentation and licensing defense' services for commercial power reactors without commensurate expenses.- ' Also,' public disclottve of the information would enable'others to use the information to meet NRC-requirements for licansing documentation without purchasing-the right to-use the information.
-The development _of the technology _describedLin part by:tho information is the result of: applying-the results of many years of experience _ in an intensive Westinghouse effort and the i
expenditure of a considerable sum of money.
Lin 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 testing and analytical-methods and performing tests, i
Further the deponent sayeth not.
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