ML20072A091
| ML20072A091 | |
| Person / Time | |
|---|---|
| Site: | 05200003 |
| Issue date: | 07/22/1994 |
| From: | Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Borchardt R NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19304C492 | List: |
| References | |
| AW-94-691, NUDOCS 9408120131 | |
| Download: ML20072A091 (11) | |
Text
'
Westinghouse Energy Systems b 355 Pittsburgh PennsyNania 15230 03;$
Electric Corporation AW-94-691 July 22,1994 Document Control Desk U.F. Nuclear Regulatory Commission Washington, D.C. 20555 A'ITENTION:
MR. R. W. BORCHARDT APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
SUBJECT:
REVISION 1 OF THE AP600 PRA
Dear Mr. Borchardt:
The application for withholding is submitted by Westinghouse Electric Corporation (" Westinghouse")
pursuant to the provisions of paragraph (b)(1) of Section 2.790 of the Commission's regulations. It contains commercial strategic information proprietary to Westinghouse and customarily held in confidence.
The proprietary material for which withholding is being requested is identified in the proprietary version of the subject report. In conformance with 10CFR Section 2.790, Affidavit AW-94 691 accompanies this application for withholding setting forth the basis on which the identified proprietary information rnay be withheld from public disclosure.
Accordingly, it is respectfully requested that the subject information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Commission's regulations.
Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-94-691 and should be addressed to the undersigned.
Very truly yours,
/
N. J. Liparulo, Manager Nuclear Safety Regulatory And Licensing Activitics
/nja ec:
Kevin Bohrer NRC 12H5 9408120131 940722 PDR ADOCK 05200003 A
AW-94-691 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Brian A. McIntyre, who, being by me duly sworn according to law, deposes anC 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:
A d
Brian A. McIntyre, Manager Advanced Plant Safety and Licensing Sworn to and subscribed before me this d4 day of kuleA
.1994
(/
0 Notary Public N2% Sea!
Rose Mat P*jne, fktry R buc Abntcw.ie Ebro. 65AJ:(Cuny My Cormesen Expirn Nw.4,19%
hm Penrgkaru Asscoasrx at retaw 19s A
1 AW-94-691 (1)
I am Manager, Advanced Plant Safety and Licensing, in the Advanced Technology Business Area, 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)
I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy I
Systens Business Unit in designating information as a trade secret, privileged or as confidential commercial or financial informction.
(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 in confidence by Westinghouse.
(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 svstem, information is held in confidence if it falls in one or more of i
l several tyr~a, the release of which might result in the loss of an existing or potential competitive advantage, as follows:
1923A
=
AW-94-691 (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 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.
(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 co.; 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 customer funded development plans and programs of potential commercial value to Westinghouse.
(f)
It contains patentable ideas, for which patent protection r.tay be desirable.
There are sound policy reasons 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 sell products and services involving the use of the information.
1923A
4 AW-94-691 (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 the total competitive advantage. If competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghcase of a competitive advantage.
(c)
Unrestrictxt 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.
(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 knowledge and belief.
(v)
Enclosed is letter NTD-NRC-94-4233, July 22,1994, being transmitted by
)
Westinghouse Electric Corporation (IV_) letter and Application for Withholding i
Proprietary Information from Public Disclosure, N. J. Liparulo (20, to Mr. R. W. Borchardt, Office of NRR. The proprietary information as submitted for use by Westinghouse Electric Corporation is in response to questions concerning the AP600 plant and the associated design certification application and is expecint to be applicable in other licensee submittals in response to certain NRC requirements for justification of licensing advanced nuclear power plant designs.
1923A
AW-94-691
'li is information is part of that which will enable Westinghouse to:
(a)
Demonstrate the design and safety of the AP600 Passive Safety Systems.
(b)
Establish applicable verification testing methods.
(c)
Design Advanced Nuclear Power Plants that meet NRC requirements.
(d)
Establish technical and licensing approaches for the AP600 that will ultimately result in a certified design.
(e)
Assist customers in obtaining NRC approval for future plants.
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 meeting NRC requirements for advanced plant licenses.
(b)
Westinghouse can sell support and defense of the technology to its customers in the licensing 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 j
competitors to provide similar advanced nuclear power designs and licensing defense services for commercial 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 without purchasing the right to use the 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.
1923A
4 AW-94-691 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 developing analytical methods and receiving NRC approval for those methods.
Further the deponent sayeth not.
i I
i 1923A 1
AP600 PRA Resision 1 Page Change Instructions (Sheet 1 of 2)
Non-Proprietary Volume Chapter / Append'x Instructions I,2 & 3 Table of Contents Replace complete section
- 1. 2 & 3 List of Tables Replace complete section l
- 1. 2 & 3 List of Figures Replace complete section i
Chapter 11 Replace complete chapter 1
Chapter 12 Replace complete chapter f
I Chapter 13 Replace complete chapter i
Chapter 17 Replace complete chapter 3
Appendix G Replace complete appendix 3
Appendix H Replace complete appendix 3
Appendix L Replace complete appendix 3
Appendix M Replace complete appendix 3
Appendix Q Insert new appendix to PRA 3
Appendix R insert new appendix to PRA O-
k AP600 PRA Revision 1 Page Change Instructions (Sheet 2 of 2)
Proprietary Volu.ne Chapter.\\ppendix Instructions 1
List of Tables Replace complete section 1
List of Figures Replace complete section i
Appendix G Remove Table G-15 (pages PG-1 thru PG-74)
Remove Table G-16 (pages PG-75 thru PG-86)
Remove Figures G-1 thru G-6 (pages PG-87 thru PG-92)
Replace Figure G-7 (Rev. 0) with Figure G-3 (Rev.1) 1 Appendix K Replace complete appendix
-p
AP600 DOCUMENT COVER SHEET TDC:
ICS i s
Form 58202G(354) (taxxxx.wptix)
AP600 CENTRAL FILE USE ONLY:
0058 FRM RFS#
RFS ITEM e
~
AP600 DOCUMENT NO.
REVISION NO.
ASSIGNED TO
[]
GWGLO20 1
Page 1 of l_
ALTERNATE DOCUMENT NUMBER:
WORK BREAr(DOWN #.
3.1.2 DESIGN AGENT ORGANIZATION: Westinghouse TITLE:
AP600 Probabilistic Risk Assessment (Volumes 1-2)
ATTACHMENTS:
DCP #/REV. INCORPORATED IN THIS DOCUMENT REVISION:
CALCULATION / ANALYSIS
REFERENCE:
ELECTRONIC FILENAME ELECTRONIC FILE FORMAT ELECTRONIC FILE DESCRIPTION I{ / )
&&id ChCT t
(C) WESTINGHOUSE ELECTRIC CORPORATION 1Q14 O WESTINGHOUSE PROPRIETARY CLASS 2 This document contains information proprietary to Westinghouse Electric Corporation; it is submitted in confidence and is to be used solely for the 7
purpose for which it is fumished and retumed upon request. This document and such information is not to be reproduced, transmitted, disclosed
[3j or used otherwise in whole or in part without pnor written authorization of Westinghouse Electne Corporation Energy Systems Business Unit.
(/
sutyect to the legends contained hereof.
O WESTINGHOUSE PROPRIETARY CLASS 2C Thrs document is the property of and contains Proprietary Information owned by Westinghouse Electric Corporation and/or its subcontractors and suppliers. It is transmitted to you in con 6dence and trust, and you agree to treat this document in stt'ict accurdance wrth the terms and conditions of the agreement under which it was provided to you.
@ WESTINGHOUSE CLASS 3 (NON PROPRIETARY)
COMPLETE 1 IF WORK PERFORMED UNDER DESIGN CERTIFICATION OR COMPLETE 2 IF WORK PERFORMED
~
UNDER FOAKE.
1 @ DOE DESIGN CERTIFICATION PROGRAM - GOVERNMENT UMITED RIGHTS STATEMENT [See page 2)
Copynght statement: A license is reserved to the U.S. Govemment under contract DE-ACO3-90SF18495.
O DOE CONTRACT DELIVERABLES (DEUVERED DATA)
Subject to specified exceptions, disclosure of this data is restrided until September 30,1995 or Design Certification under DOE contrad DE ACO3-90SF18495, whichever is later.
EPRI CONFIDENTIAL: NOTICE: 10 2 3
40 5 CATEGORY: A H B
C0 D E
F 2 0 ARC FOAKE PROGRAM - ARC UMITED RIGHTS STATEMENT [ses page 2)
Copyright statement: A license is reserved to the U.S. Govemment under contract DE-FCO2-NE34267 and subcontrad ARC-93-3 SC-001.
O ARC CONTRACT DEUVERABLES (CONTRACT DATA)
Subject to specified exceptions, disuos:are ci this data is restrided under ARC Subcontract ARC-93 3-SC-001.
ORIGINATOR S;G URE/D B. G.
Holmes k2.2 h A
AP600 RESPONSIBLE MANAGER SIGr TURE*
APPROVAL DATE B. A.
McIntyre A
L 7,22 -fy
' Approval of the responscle manager signifies that document ts complete, all require (reviews are compiete, etectronac fi6e es affached and document is
)
released for use.
l l
~
AP600 DOCUMENT COVER SHEET Page 2 Form $8202G($'94)
LIMITEO RIGHTS STATEMENTS DOE GOVERNMENT UMITED RIGHTS STATEMENT (A)
These data are submrtted wrth limited rights under government contract No. DE ACC3 90$F18495. These data may be reproduced and used by the govemment with the express limitation that they will not, without written permission of the contractor, be used for purposes of manufacturer nor disclosed outside the government; except that the government ma/ d:sclose these data outside the government for the following purposes, if any, provided that the govemment makes such disclosure sub}ect to prohibition against further use and disclosure.
0)
This ' Proprietary Data" may be disclosed for evaluation ourposes under the restrictions above.
(11) The "Propnetary Data' may be disclosed to the Electne Power Research institute (EPRI), electne utility representatives and their direct censuRants, excluding direct commercial competitors, and tne DOE National Laboratones under the prohibit ons and restrid ons above.
(B)
This notice shall be marked on any reproduction of these data, in whole or in part.
]
ARC UMITED RIGHTS STATEMENT:
This proprietary data, furnished under Subcontract Number ARC-93-3-SC-001 with ARC may be duplicated and used by the government and i
ARC, subject to the limitations of Article H-17.F. of that subcontract, with the express limitations that the propnetary data may not be disclosed outside the govemment or ARC, or ARC's Class 1 & 3 members or EPRI or be used for purposes of manufactum without prior pern ssen of the Subcor: tractor, except that further disclosure or use may be made solely for the following purposes:
This proprietary data may be disclosed to other than commercial competitors of Subcontractor for evaluation purposes of this subcontract under j
the rest.ction that the proprietary data be retained in confidence and not be further disclosed, and subject to the terms of a non-disclosure i
agreement between the Subcontractor and that organization, excluding DOE and its contractors.
I DEFIMTIONS CONTRACT /DEUVERED DATA - Consists of documents (e.g. specifications, drawings, reports) which are generated under the DOE or ARC contracts which contain no background proprietary data.
EPRI CONFIDENTIALITY / OBLIGATION NOTICES NOTICE 1: The data in this document is subjed to no confidentiality obligations.
NOTICE 2: The data in this document is proprietary and confidential to Westinghouse Electric Corporarion and/or its Contractors. It is forwarded to recip=nt under an obligation of Confidence and Trust for limited purposes onty. Any use, dimosure to unauthonzed persons, or copying of this document or parts thereof is prohibited except as agreed to in advance by the Electnc Power Research institute (EPRI) and Westinghouse Electne Corporaten. Recipient of this data has a duty to inquire of EPRI and/or Westinghouse as to the uses of the information contained herein that are permitted.
NOTICE 3: The data in this document is proprietary and confidential to Westinghouse Electric Corporation and/or its contractors. It is forwarded to reopsont under an obligation of Confidence and Trust for use only in evaluaten tasks specifically aathorized by the Electre Power Research Institute (EPRI). Any use, disclosure to unauthorized persons, of copying this document or parts thereof is prohtbited except as agreed to in advance by EPRI ard Westinghouse Electnc Corporaten. Recipient of this data has a duty to inquire of EPRI and/or Westinghouse as to the uses of the informaton contained herein that are permitted. This document and any copies or excerpts thereof that may have been generated are to be returned to Westinghouse, directly or through EPRI, when requested to do so.
NOTICE 4: The data in this document is proprietary and confidential to Westinghouse Electric Corporation and/or its Contractors. It is being revealed in confidence and trust only te Employees of EPRI and to certain contractors of EPRI for limited evaluat on tasks a,,;thorized by EPRI.
Any use, disciosure to anauthorized persons, or copying of this document or parts thereof is prohibited. This Document and any copies or excerpts thereof that may have been generated are to be returned to Westinghouse, directly or through EPRI, when requested to do so.
NOTICE 5: The data in this document is proprietary and confidential to Westinghouse Electric Corporation and/or its Contractors. Access to this data is given m Confidence and Trust only at Westinghouse fadlities for limited evaluaten tasks assigned by EPRI. Any use, disclosure to unauthonzad persons, or copying of this document or parts thereof rs prohibited. Neither this document nor any excerpts therefrom are to be removed from Westingnouse facilities.
EPRI CONFIDENTIALITY / OBLIGATION CATEGORIES CATEGORY 'A' -(See Derrvered Data) Consists of CONTRACTOR Foreground Data that is contained in an issued reported.
CATEGORY 'B' -(See Delivered Data) Consists of CONTRACTOR Foreground Data that is not contained in an issued report, except for computer programs.
CATEGORY 'C'- Consists of CONTRACTOR Background Data except for computer programs.
CATEGORY 'D'- Consists of computer prograrns developed in the course of performing the Work.
CATEGORY 'E'-Consists of computer programs developed prior to the Effectue Date or after the Effective Date but outside t:,e scope of the Work.
CATEGORY *F* - Consists of administrat'a plans and administrative reports.
r x
4