ML20070H289
| ML20070H289 | |
| 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-91-128, NUDOCS 9103140025 | |
| Download: ML20070H289 (11) | |
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February 21, 1991-CAW-91 128
-Document Control Desk U5luclear-Regulatory Commission
-W Washingto_n, DC-20555 i
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Attention:- Dr. Thomas Murley, Director-APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATTON FROM PUBLIC DISCLOSURE 1
Subject:
W_ estinghouse Revised Thermal Design Procedure Instrument Uncertainty Methodology for Georgia' Power Vogtle 1 and_2 Nuclear Power Station l
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(for RTD Bypass-Loops), WCAP-12460-(Proprietary)-
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Dear D'. Murley:
r The; proprietary information-for which withholding is being requested in-the above-referenced letter is further identified in Affidavit CAW-91128 signed by r
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 disclosure by. the Commission and Laddresses with-specificity the considerations listed in paragraph-(b)(4) of 10 CFR Section 2.790:of the Commission's regulations.
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Accordingly, this letter authorizes the utilization of the accompanying-Affidavit-by Georgia Power Company.
Correspondence':with' respect:to the proprietary aspects of the applicatson for withholding!or the Westinghouse affidavit should reference this letter, CAW-91-128,Eand should be addressed to the undersigned.
- Very truly.yours, f
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M.P.DiPiazza,Manag g,
LEnclosures Operating Plant Licensing. Support cc:
M.'P. Siemien, Esq.-
4 0ffice of the General Counsel, NRC
-0020JtSMD/022191
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i CAW 91-128 AFFIDAVIT-COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Ronald P. DiPiazza, 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:
c Ronald P. DiPiazza, MaYahr.
Operating Plant Licensing Support Sworn to and subscribed u
before me this 2 9 day of Y h, 1991.
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c W a ~>ts. @ O Notary Public NOTA 4AL SEAL LORAAINE M P;PUOA. NOTARY PUBg0 MONEOEViLLE DCRO, ALLE #iENY CcUNTy MYOOWSt<CN EXPAES OIC 14.1M1 Member, Penr4yNawa Assccc:n el N;w c,s I
g L CAW 91-128-1 7,
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!(1)'I_ am Manager,- Operating Plant Licensing Support, in the Nuclear and Advanced-Technology Division, of the Westinghouse Electric Corporation and as such, Is 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 M+4nn E.790_of the Comission's regulations and in conjunction with the d
Westinghouse application"for withholding accompanying this Affidavit.
s (3)11 have-personal knowledge-of)the_ cr.
and procedures utilized by the
' Westinghouse Energy Systems-Business Unit in designating information as a trade' secret, privileged or as' confidential comercial or financial 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 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.
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(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 whether to hold
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.certain types of information in confidence. The application of that j
system and the substance of that system constitutes Westinghouse
. policy and provides the rational basis required.
i Under that system, information is held in confidence'if it falls in tone or more'of several types, the release of which might result in the
' loss of an existing or potsntial competitive advantage, as follows:
(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 ever other companies.
(b)
It-consists of supporting data, including test data, relative to a process (or component, structure,-tool.. method, etc.), the.-
Lapplication of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.
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- CAW 91-128 i
- (c)
Its use by a competitor would reduce his expenditure of resources i
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 supp11ers.
(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-1
' desirable.
4 (g) DIt is not the property of Westinghouse, but must be treated as.
proprietary by Westinghouse according to agreements with the owner.~
'There'are sound policy reasons behind the-Westinghouse system which-include the following:
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-3 (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 We'stinghouse competitive
. position.
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F CAW-91-128 (b)
It is information which is marketable in many ways.
The extent to which such information is available to co'.,petitors diminishes the Westinghouse ability to sell prodo'.is and services involving the use of the information.
(c) Use by our competitor would put Westinghouse at a competitive disaavantcge 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 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 prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those cobatries.
(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage, s
P I CAW 91-128 I
(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 knowls.dge and belief.
(v)
The proprietary information sought to be withheld in this submittal is that which is appropriately marked in " Westinghouse Revised Thermal Design Procedure Instrument Uncertainty Methodology for Georgia Power Vogtle 1 & 2 Nuclear Power Station (for RTD Bypass Loops)", WCAP-12460, (Proprietary) for Vogtle Units 1 and 2 Nuclear Power Plants, being transmitted by the Georgia Power Company (GPC) letter and Application for Withholding Proprietary Inforroation 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 i
submittals in response to certain NRC requirements for justification of instrument uncertainties assumed in the safety analyses.
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, CAW-91-128-This informationlis part of that which will enable Westinghouse
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to:
.(a) Describe the' methodology used to determine instrumentation
-uncertainties.
l (b) Discuss the statistical procedures used to-account for the various parameters.
(c)
Identify the parameters that are considered for each safety function discussed.-
(d)c Substantiate _the bounding assumptions used-in the analyses in support of VANTAGE-5 fuel both-with and without the plant configuration utilizing RTD bypass loops.
i (e); Assist'the customer to obtain NRC approval.
-i Further this information has substantial commercial value as follows:
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.(a)- Westinghouse plans to sell the use of similar information to 4
its customers for purposes of substantiating the instrument uncertainties used in the Revised Thermal-Design Procedure.
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--8 CAW 91-128 (b) Westinghouse can sell support and defense of the margin and r
operating flexibility that is made available as a result of this study.
l Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of
-i Westinghouse because it would enhance the ability of-competitors to provide similar uncertainty calculations and licensing defense services for commercial power reactors without commensurate -
- expenses. Also, public disclosure of the information would i
enable others to use the information-to meet NRC requirements for licensing documentation without purchasing the right to use the l'
information.
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 i
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 the identified uncertainties.
i Further the deponent sayeth not.
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Proprietary Information Notice Transmitted herewith are proprietary and/or non proprietary versions of documents furnished to the NRC in connection with requests for generic and/or f
plant-specific review and approval.
4 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 Lhaving 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 immediately following the brackets enclosing each item of information being identified as proprietary or-in the margin opposite such information. These lower case letters refer to the types of information Westinghouse customarily holds in confidence identified in Sections (4)(ii)(a) through (4)(ii)(g) of the affidavit accompanying this transmittal pursuant to 10 CFR 2.790(b)(1).
4 0020Ja$MD/022191 A
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'. P Copyright Notice i
The reports t.ansmitted herewith each bear a Westinghouse copyright _ notice.
The NRC is permitted to make the number of copies of the infornation contained in these reports which are necessary for its internal use in connection with generic and plant-specific reviews and appovals as well as the issuance, j
denial, amendment, transfer, renewal, modification, suspension, revocation-or violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 2.790 regarding restrictions on public disclosure to the extent such information has been identified as propri'...y by Westinghouse, copyright protection not withstanding. With respect to the non proprietary versions of these reports, the NRC is permitted to make the number of copies beyond those necessary for its internal use which a necessary in order to have or.. copy available for public viewing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as may be required by NRC regulations i# the number of copies submitted is
. insufficient for this purpose. The NRC is not authorized to make copies for the personal use of members-of the public who make use of the NRC public document-rooms.
Copies made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.
0020Jt$se/022191
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