ML20067B610
| ML20067B610 | |
| Person / Time | |
|---|---|
| Site: | McGuire  |
| Issue date: | 11/17/1982 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Adensam E, Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19268D382 | List: |
| References | |
| CAW-82-66, NS-RAW-82-429, TAC-49164, NUDOCS 8212060245 | |
| Download: ML20067B610 (8) | |
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Westinghouse Electric Corporation Power Systems sce
= ~wpw..n ;;z November 17, 1982 CAW-82-16 Docket 50-369 NS-RAW-82-429 Mr. Harold R. Denton, Director Office of Nuclear Reaulatory Reculation
- 11. S. Nuclear Reaulatory Commission Washinaton, D.C.
20555 Attention:
s. E. G. Adensam, Chief Licensina Branch No. 4 SitBJECT:
PCS Total Flowrate Versus R) and 2 -
Four Loons in Oneration (STS)
REF.:
Duke Power Comnany letter Tucker to Denton, November,1982
Dear Mr. Denton:
The nronrietarv material for which withholdina is being requested by Duke Power Comnany is of the same technical tyne as that proprietary material submitted by Westinghouse nreviousiv in anolication for with-holdina AW-76-60, and was accompanied bv an affidavit signed bv owner of the oronrietary information, Westinahouse Electric Cornoration.
Further, the affidavit AW-76-60 submitted to _iustify the previous material on December 2,1976 is eaually annlicable to this material.
Accordingly, this letter authorizes the utilization of the nreviously furnished affidavit in -.:onort of the Duke Power Comnany, Haauire linit 1.
A cony of the 7fidavit is attached.
Corresnandence with resnect to the nroprietary aspects of the annlication for withholdina or the Westinahoust: affidavit should reference CAH-82-66 and should be addressed to the undersioned.
Very truly yours,
- }
m RobertA.Wie{semann,ManaaerNliUt7.Q'.
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Deaulatory A Leaislative Affairs
/n.1 Attachment cc:
E. C. Shomaker, Esa.
Office of the Executive Legal Director, NRC 8212060245 821123 PDR ADOCK 05000369 P
A'4-75-60 AF=TCAVTT 20P14Ch"JGLDi CF Fr.HNT(L'/ANIA:
ss CCTITf 0F ALLIGiE.'iY:
Before =e, the. undersigned authcrity, personally acceared i
Rcher A. 'diesemann, who, being by me duly sworn according to law, de-pcses and says that he is authori:ed to execute 'this Affidavit en behalf of 'destinghcuse Cact-ic Corporation ("'Jestinghouse") and that the aver-ments of fact set for-h in this Affidavit are true and cor se: to the best cf his kncwledge, information, and belief:'
Aw a Rccert A. Wiesemann, tianager Cicensing Programs Sworn to and subscrihed before,me this day of ld47:d/El ig76.
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l (1)
- am Manager, Ucensing Fr: grams, in -he ?-sssuM:ed Wa ar Reac::r Sys ams Divisien, cf Westingneuse Elec:He Ccr:craticn and as suca, I have been scacific2117 delegaad de func:ica of reviewing ne proprietarf informat.icn scugnt to be wi-hneld frem public dis-e closure in c:nnection with nuclear power piant if censing or rule-haking pr:ceedings, and am authoriied to acply for its withholding on behalf of the Westinghouse Water Reactor Divisiens.
(2)
I am making this Affidavit in c:nformance With the previsiens cf 10 CFR Sectica 2.790.cf the ccamissien's regulatiens and in c:n-junction with the Westinghcuse applicatien for withhciding ac-ccmpanying this Affidavit.
(3)
I have personal knowledge of the criteria and precedures utili:ed by Wes'cinghouse Nuclear Energy Systams in designating infermaticn as a trade sacret, privi1 aged cr as ccnfidential c:c=er:iai or financial t'nfermatiert.
l (4)
Pursuant to the previsions of paragraph (b)(1) of Section 2.7g0 of the Commissien's" regulations, the following is furnished - for c:nsideraticn by the Cc= mission in determining whether the in-formation sought to be withheld frem public disclosure should be wi thheld.
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(i)
Tne infermaticn scugnt : be withheld 'fr:m ;:ublic disc!csure I
is cwned and has been. held in confidenca by Westingneuse.
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,. AW-75-fD (ii) 3e inic:::stion is' cf a type cust::marily hele in c:nfidenca by Westingncuse and not cust:marily discicsac to de ;ublic.
Westingneusa has a
- rational basis for datarmining the types of infernaden cust:marily held in c:nfidenca by it and, in that connecdon, utilizes a. systam to detarnine wnen and whether :=
hold cartain types of infer-natlen in c:nfidenca.
The ap-plicaticn of that system and the sucstanca of that systam cor.stitutas Westinghousa policy and provides the raticnal basis recuired.
Under that systam, infor-naticn is held in c:nfidenca if it falls in one er mere of several types', the release of which might result in the less of an existing or patential ecm-petitive advantage, as follcws:
(a)
The information reveals the ' distinguishing aspects of a precass (or c:mponent, structure,
- oi, method, ete.)
- where prevention of its 'ure by any of Westinghouse's
, competit:rs without licanse from Westingncuse censtitutas a c mpetitive ec:ncmic advantage over other c:mpanies.
l (b)
It consists of supporting data, including test data, relative to a precass (cr ccmcenent, st ucture, : col, method, etc.), the applicaticn of wnica data secures a c:mpetitive ec:ncmic advantage, e.g., by cetimi::aticn or improved marketability.
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4 AW-75-dC (c)
- ts use by a ::m:eti :r wcuid recuca his e.xcenci:=re of rescurtas cr imcreve his ::m::etitive pcsitien in -he design, manur~acture, snigment, installation, assuranca of quality, er licansing a similar product.
(d)
It revenir c:sh ce pricallnfirs.ation, production cac-acities, budget levels, or c:mmercia1 :trategies of Westinghouse, its cust:mers or sucpliers.
(e)
It reveal's aspects of past, present, or future West-inghcuse er cust:mer funded develcpment plans and pre-grams of potantial c:mmercial value :: Westinghcuse.
(f)
It centains patantable ideas, for which parant pre.
taction may be desirable.
(g)
It is not the pr pierty of Westinghouse, but must be treated as proprietary by Westinghcuse ac: rding Om agreements with the cwner.
4 There are scund policy reascns behind the Westinghouse system which include the follcwing:
(a)
The use of such inform:ation by Westinghause gives Westinghousa a ccmceritive acvantage over i.s c:m-petitors.
It is, therefore, withheld 'frem discicsure to protact the Westinghousa ccmcaritive position.
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AW-75-dC (b)
It is infer =ati:n anic:: is marxet2:le in many ways.
Tne extant.: unics sucs inf:rmation is availacie :=
c::mpetit:rs diminisnes the Westingneuse acili y ::
sel'1 products and servicas involving :!:e use of the informatien.
(c)
Usa by cur c:meetit::r wchid put Westinghouse at a c mdatitive disadvantage by reducing his expenditure of resourcas at cur expense.
(d)
Each c:mponent of proprietary infcrmation pertinent to a particular c:mcatitive advantage is potentially as valuable as the total ccmcetitive advantage.
If c mpetit:rs acquire c:mpenent: cf preprietary infor-mation, any one c:mpenent may be the key t: the entire puz=le, thereby depriving Westinghouse of a c:meetitive advantage.
- (e)
Unrestrictad disclosure would. Jacpardi:n the pcsitien a
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of preminenes of Westinghcuse in the world market, and thereby give a market advantage :: the c mpetitien in those countries.
(f)
The Westingncuse cacacity :: inves c:r;cra e assets in researen and development decenes u en -J:e suc:ess in obtaining and saintaining a c:==etitive acvantage.
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' AW-76-40 (iii)
De infomatien is being trans::ittec to On Oc=iss en in conficence anc, uncer -f:e previsions of 10 C.9 Iecticn 2.7g0, it is to be recei'[ed in confidence by de Cectrission.
(iv)
The 'nfomation is noe available in public scurces to the best**of cur knowledge and bei.ief.
('r)
The proprietary infomatien scught tc,be withheld in this sub-mittal is that which is apprcpriately marked in the attach-ment to Westinghouse letter nua:ter NS-CE-1298, Eicheidinger Oc Stali, dated Decemcar 1,1976, concerning informacien relating
. to NP.C review cf WCAP-8567-F and WCAF-6553 entitled, *!stereved Thermal Design Precedure,* defining the sensitivity of CNB The letter and attacament ratio y various core parametere.
are being submitted in response to the NRC request at :he October 29, 1976 NRC/Westinghcuse =eeting.
This infomation enables Westinghouse to:
(a)
Justify the Westinghouse design.
l (b) ' Assist its c::stomers to cbtain licenses.
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(c)
Meet war anties.
(d)
Frevide greater cperational fle.tibility :s cust:::cers assuring them cf safe and reliable operation.
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(a)
Justify increased gewer cacability cr ccurating margin for piants wnile assuring safe and reliacle cceration.
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( f.)
Optimi:e sac cr ::esign and ;er#crmanca wniIa maincaining a hign level of fuel intagrity.
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- . ur.her, the infomatica gained f. a the impreved thermal design precedure is of significant com=arcial value as fc11cws:
(a)
Westinghouse usas. the infomation to ;erform and justify analyses wnich are said to cus:cmars.
(b)
Westinghouse se1*.s ana'ysis servicas : based upon the experience gained and the methods developed.
l Public disclosure of this information concerning design pre-cadures is likely s cause substantial ham to the cancetitive position of Westinghouse because ccmcetitors could utili:e'
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this infor=ation to assess and justify their ow'n designs,
without commensurata e$panse.
Tha parametric analyses gerformed and their evaluation represent a considerable amcunt of highly qualified development effert.
This woric was contingent upon a design method development pro-gram which has been under,tay during the past two yean.
Altogether, a substantial amcunt of money and effer: has been exp2nded by Westinghcuse which could only be duplica:ed by 4 1
compatitor if he were,tc invest similar sums of money anc ;rc-vid:d he had the appropriate talent available.
thar the deponent sayeth not.
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