ML20070P606

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Requests That Proprietary Rev 6 to OPPD-NA-8301-P, OPPD Nuclear Analysis Reload Core Analysis Methodology Overview, Be Withheld from Public Disclosure (Ref 10CFR2.790(b)(4))
ML20070P606
Person / Time
Site: Fort Calhoun Omaha Public Power District icon.png
Issue date: 04/14/1994
From: Liparulo N
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Russell W
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation
Shared Package
ML19304C106 List:
References
CAW-94-611, NUDOCS 9405120146
Download: ML20070P606 (8)
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Westinghouse Energy Systems P 35 .

""* P "mw m e230 can Electric Corporation April 14,1994 CAW-94-611 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: W. T. Russell, Director Office of NRR APPLICATION FOR WITIIIIOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

" Omaha Public Power District Nuclear Analysis Reload Core Analysis Methodology Overview," OPPD-NA-8301-P, Revision 06, May 1994 (Proprietary)

Dear Mr. Russell:

The proprietary information for which withholding is being requested in the above-referenced letter is further identified in Affidavit CAW-94-611 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 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 authorized the utilization of the accompanying Affidavit by the Omaha Public Power District.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW 94-611 and should be addressed to the undersigned.

Very truly yours, aW A Nicholas J, iparuto, Manager Nuclear Safety and Regulatory Activities Enclosures cc: K. Bohrer 9405120146 940502 PDR ADOCK0500g5 P.

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i 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 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 (f) 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)(f) of the affidavit accompanying this transmittal pursuant to 10 CFR 2.790(b)(1).

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Copyright Notice The reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copics for the information contained in these reports which are necessary for its internal use in connection with generic and plant-specific reviews and approvals as well as the issuance, 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 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 these 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. Copies made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary. r l

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CAW-94-611 AFFIDAVIT COMMON NEALTH OF PENNSYLVANIA:

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COUNTY OF ALLEGHENY:

l Before me, the undersigned authority, personally appeared Henry A. Sepp, 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:

Jh dd Henry A. epp, tan!ge I

Strategic Licensing Issues j i

l Sworn to and subscribed before me this /4 ' day of d o/22A ,1994.

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Denice K Handarson, Notary Pttlic I MCrm.ife Boro, Ai90h0ny County My cemesian sp.ms ca.2awac IAernr.ur,Psorsprn:a/caaauonof Wanes

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(3 Lbmov__ N N @ lk b 'A / M /3 Notary Public w- - - ,- m ___,___________i______

.s CAW-94-611 (1) I am Manager, Strategic Licensing issues, in the Nuclear and Advanced Technology Division, of i 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 Units.

(2) I am making this Affidavit in conformance with the provisions of 10 CFR 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 Units 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 2.790 of the Commission's regulations, the following is furnished for consideration by the Commission 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 -

l in confidence by Westingbouse.

(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 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, 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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. i CAW-94-611 (a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of i 1

Westinghouse's competitors without license from Westinghouse constitutes a '

competitive economic advantage over other companies. l

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(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 optirnization or improved marketability. l (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.

(c) 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 reascms 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 q sell products and services involving the use of the information. l l

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CAW-94-611 4

(c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense, l

(d) Each component of proprietary information pertinent to a particular competitive - i l

advantage is potentially as valuable as the total competitive advantage. If l competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.

(c) 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 i development depends upon the success in obtaining and maintaining a competitive advantage.

(iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR 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, " Omaha Public Power District Nuclear Analysis Reload Core Analysis Methodology Overview," OPPD-NA-8301-P, Revision 06, May 1994, (Proprietary) for reproducing Westinghouse's methodology, being transmitted by the Omaha Public Power District (OPPD) letter and Application for Withholding Proprietary Information from Public Divelosure, Mr. W. G. Gates, OPPD, to the Attention of W. T.

Russell, Director, Office of NRR, May 1994.. The proprietary information as submitted for use by Omaha Public Power District for the analysis of Westinghouse reload cores is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of core analysis.

CAW-91-611 1

I This information is part of that which will enable Westinghouse to: I Justify the performance for reload core. I (a)

(b) Aesist its customer to obtain license.

(c) Optimize reactor design and performance while maintaining a high level of fuel integrity.

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 technical transfer and future fuel upgrades. ,

(b) Westinghouse can sell support and defense of the technology to its customers I

in the licens;ng process.

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 to provide similar improved neutronic methodology and licensing defense services for_com.mercial 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  ;

I without purchasing the r;ght to use the information.

l The development of the technology described in part by the information is the result of applying l

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 development testing and analytical methods and receiving NRC approval for those methods.

Further the deponent sayeth not.

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