ML20070H271
| ML20070H271 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 02/21/1991 |
| From: | Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19310D315 | List: |
| References | |
| CAW-91-129, NUDOCS 9103140020 | |
| Download: ML20070H271 (11) | |
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Wes1tnghouse Energy Systems gyg,,,y gy g Electric Corporation February 21, 1991 CAW-91-129 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas Murley, Dirrctor APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DIS _0j..QS E
Subject:
Westinghouse Revised Thermal Design Procedure Instrument Uncertainty Methodology for Georgia Power Vogtle 1 and 2 Nuc1 car Power Station (for RTD Bypass Loop Elimination), WCAP-12462 (Proprietary)
Dear Dr. Murley:
The proprietary information for which withholding is being requested in the above referenced letter is further identified in Affidavit CAW 91-129 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 pubile 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 Georgia Power Company.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-91-IP9, and should be addressed to the undersigned.
Very truly yours,
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- -d S.P.DiPiazza,Manap[
Enclosures Operating Plant Licensing Support cc:
M. P. Siemien, Esq.
Office of the General Counsel, NRC 0020JtSMD/022191 9103140020 910306 PDR ADOCK 05000424 MR
j CAW 91 129 AFFIDAVIT l
COPMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Ronald P. _DiPlazza, who, being by :ne duly sworn according to law, deposes and says that he is authorized to execute this' Affidavit on i 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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Operating Plant' Licensing Support Sworn to and subscribed before me this 25kay Lof U b % 199'l'.
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i (1)l'amManager,OperatingPlantLicensingSupport,intheNuclearand 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.
l (2)_1 am making this Affidavit in conformance with the provisions of 10CFR Section 2,790 of the Comission'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 LWestinghouse Energy Systems; Business Unit'in designating information as a l
trade secret, privileged or as confidential comercial or financial
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information..
- (4) Pursuant to the provisions of paragraph (b)(4),of Section 2.790 of the-Comission's~ regulations, the following is furnished for consideration by '
the Comission in determining whether the information sought to be thheld from public disclosure should'be withheld.
(1) The'information sought-to be withheld from public disclosure is owned.
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- and has been-held in confidence by Westinghouse.
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. CAW 91 129 I
(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 whethat 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, j
l 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)- Th'e information reveals the distinguishing aspects of a process l
(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.
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! CAW 91-129 (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 l
customer funded development plans and programs of potential commercial value to Westinghouse.
- (f)
It contains patentable ideas, for which patent protection may be j
desirable.
(g)
It is not the property of Westinghouse, but must be treated as l
proprietary by Westinghouse according to agreements with the owner.
.j There are sound policy reasons behind the Westinghouse system which include the following:
-(a) The use of such information by Westinghouse gives Westinghouse a
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. competitive advantage over its competitors.
It is, therefore,
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withheld from disclosure to protect the Westinghouse competitive O
position.
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l 5-CAW 91-129 (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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(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 t
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.
(e) Unrestricted disclosure would-jeopardize the position of T~
- 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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I (iii)
The information is being transmitted to the townission in confidence and, under the provisions of 10CFR Section 2.790, it l
is to be received in confidence by the Ccmmission.
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(iv)
The information sought to be protected is not available in public q
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
- Westinghouse Revised Thermal Design Procedurc Instrument Uncertainty Methodology for Georgia Power Vogtle 1 & 2 Nuclear Power Station (for RTD Dypass Loop Elimination)", WCAP 12462, (Proprietary) for Vogtle Units 1 and 2 Nuclear Power Plants, being transmitted by the Georgia Power Company (GPC) letter and Application for Withholding Proprietary Information from Public Disclosure, W. G. Hairston, GPC, to Document Control Desk, to the Attention Dr. Thomas Murley, February,1991. The proprietary information as submitted for use by Georgia Power Company for the Vogtle Units 1 and 2 is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of instrument uncertainties assumed in the safety analyses.
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a CAW 91-129 2
This information is part of that which will enable Westinghouse 1
to:
(a) Describe the methodology used to determine. instrumentation uncertaintiss.
(b) Discuss the statistical procedures used to at.ount for the various parameters.
1 (c)
Identify the parameters that are considered for each safety 2
' function discussed.
(d)
Substantiate _the bounding assumptions _used in the analyses in support of VANTAGE-5 fuel both with.and without the plant 4
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configuration utilizing RTD bypass loops.-
(e) Assist the customer to obtain NRC approval.
Further this information.has substantial commercial value as j
follows:
(a) Westinghouse plans to sell the-use of similar information to-
- its customers for purposes of substantiating the instrument uncertainties used in the Revised Thermal Design Procedure, t
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J CAW.91-129 (b) Westinghouse can sell support and defense of the margin and operating flexibility that is made available as a result of this' study.
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
te provide similar uncertainty calculations and licensing defense services for commercial power reactors witt.;ut 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.
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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 expenditure of a considerable sum of money.
In 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 identification of-the appropriate parameters.to be considered for each function as well as the statistical handling of tia identified uncertaintier.
Further the deponent sayeth not.
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n Proprietary Information Notice i
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- Transmitted herewith-are proprietary and/oc 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 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 as proprietary is indicated in both versions by means of lower case
. letters _(a).through (g). contained within parentheses located as a. superscript
' mmediately following the brackets enclosing each item of information being i
identified as proprietary or in the m' rgin opposite such infor% ion.
These a
lower case letters refer to'the types'of information Westinghouse customarily
. holds.in confidence identified in_' Sections (4)(li)(a) through'(4)(ii)(g) of the affidavit accompanying this transmittal pursuant to 10 CFR 2.790(b)(1).
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r 0020J SMD/022191
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Copyright Notice The reports transmitted herewith each bear a Westinghouse copyright notice.
The NRC is permitted to make the nunicer of copiet of the information contained in these reports which are necessary for its internal use in connection with generic and plant-specific reviews and approvais as well as the issuance, 9
dental, amendment, transfer, renewal, modificaticn, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirementi. of 10 CFR 2.790 regarding restric'. tons 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 versions of these reports, the NRC is permitted to make the number of copies beyond those necessary for its internal use which are necessary in order to 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 personal use of members of the public who make use of the NRC public document rooms.
Cotf.cs made by the NRC must include the copyright noti:e in all instances and the proprietary notice if the original was identified as prnprietary.
l 0020J SM0/022191
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