ML20072B072

Application for Withholding Proprietary Supplemental Response to NRC Question 492.2 on Improved Thermal Design Procedures.Affidavit Encl.Response Withheld (Ref 10CFR2.790)

ML20072B072
Person / Time
Site:	Catawba
Issue date:	01/18/1983
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Adensam E, Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19303B323	List: ML20072B068 ML20072B072
References
CAW-83-5, NUDOCS 8301250250
Download: ML20072B072 (8)

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\d NuclearTechnologyDivision Westinghouse Water Reactor Electric Corporation Divisions sax 335 PittsburghPennsylvania15230 January 18, 1983 CAW-83-5 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Attention: Ms. E. G. Adensam, Chief Licensing Branch No. 4

SUBJECT:

Westinghouse Supplemental Response to NRC Question 492.2 on Improved Thermal Design Procedures for Catawba REF: Duke Power Company letter, Tucker to Denton, January 1983

Dear Mr. Denton:

The proprietary material for which withholding is being requested by Duke Power Company is proprietary to Westinghouse and withholding is requested pursuant to the provisions of paragraph (b)(1) of Section 2.790 of the Commission's regula-tions. Withholding from public disclosure is requested with respect to the subject information which is further identified in the affidavit accompanying this application.

The proprietary material transmitted by the referenced letter supplernents the proprietary material previously submitted.

Accordingly, withholdina the subject information from public disclosure is requested in accordance with the previously submitted affidavit, AW-76-60, a copy of which is attached.

Accordingly, this letter authorizes the use of the proprietary information and affidavit AW-76-60 by the Duke Power Company for Catawba Unit 1.

Correspondence with respect to this application for withholding or the accom-panying affidavit should reference CAW-83-5 and be addressed to the under-signed.

Very truly yours,

__. /bek Robert A. Wiesemann, Manager __

Enclosure Regulatory & Legislative Affairs cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC

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FG01250250 830119

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AW-75-40 AFTIDAVIT CCP140lr44.TH OF FEiNSTUIARIA:* *

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C3tJNTI 0F AL.IS.E?rf- .

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- Eefore me, the, undersigned authority, personally appeared Rchert. A.. Wiesemann,. who, being by .ma duly sworn ac::rding to law, de - '

poses and-says that he is authorized to execute 'this Affidavit on behalt of Westinghouse Electric. Corporation ("'Jestinghouse") and that the aver--

ments of fact sat forth. frr this. Affidavit are true and correct to the t

best of his knowledge, information, and.belieft' .

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. Racert'A. Wiesamann, Manager

- ticens.ing Programs .

Sworn to and subscribed before.,.ma this. _ day .

of jd4.nb 1976. -

AV i ,80/t $ blOddu

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AW-76-40 (1) I am Manager, .Ucansing ?regrams, in the Pressuri:sd Watar Reacter Systa5r Division, of Westinghouse Elect:ic cer; oration a::d as such, I have- been specifically delegated the funcdon of reviewing the

- .. -. - proprietarf informadorr sought ts be withheld. from public dis-closure-in connection. with. nuclear power piant licansing or rule-7~

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. .'makinty proceedingr,..and_ am authoridad

. s to apply for its withholding.

L-  : on behalf of the Wes.tinghouse Wa. tar Reacter Divisions. '

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(2) I am making this Affidavit in conformancs '4ith the provisions of L 10 CFI Section. 2.790.of the Ccmission's regulations and in con-junction with the. Westinghouse. application for withholding ac-b- companying this Affidavit. .

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(3) I have personaT knowledge. of the critaria and. procadures utili:ed

,by Westinghouse Nuclear Energy Systems in designating- infor nation-as a. trade secret,. privileged., or as. c5nfidential comercial or

' financial infor.xatiert.

(4) , Pursuant to the provisions of paragraph (b)(4.) of Sectian 2.790 of the Coexcission!s' regulations, the following is furnished for l consideration by the- Commission in detentining whether the in-formation sought to be withheld from public. disclosure should be .

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withheld ,

-- (i) The informntiott sought to be withheld

• from public disclosure ~

, ,',, is. owned and. has been, held. irr confidenca by Westinghouse.

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AW-76-40 (ii) Tne inicemation is' of a type cust==arily held in c:nfidenca by ,

Westinghousa. and no't cust:mari]y disc 1csad to the public.

Westinghouss has a. rationa.1 basis. for detarntining the types of

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infomation cust:marily held in c:nfidenca by it and, in that

. connection, utflizas. a. systam. to determina when and. whether t hold cartafrr types of informatifen in confidenca. The ap -

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l plicatien of that systant and- the- substanca of that systam-constitutas Westinghouse policy-and provides the ratianal basis required. -

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Under'that systaur, information is held in c:nfidence if it

' falls .in one or more of several types', the release of which

' ' might. resuit in the loss of an existing or potantial c=m-petitive advantage, as- fo1 Tows:. , .

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'('a)' The infomatierr revenir the distinguishing. aspects of a.

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. process (or component, structure, tec1, method, etc.)-

• where prevention of its ' usa by any of Westinghouse's

competitors without licanse. frem Westinghouse constituus a competitive ecencmic. advantage over other c

mpanies.

i (b) It: consists of supporting data, including tast data, l' .

relative to a process Tor c mponent, structure, teol, l method, etc.),'the application- of which data secures k-c= rpetitiva econcmic advantage, e.g., by cptimization or improved markatability.

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AW-75-40 1 (c) Its use by a c:mpetit:r would reduca his expenditure of rescuress. or improve his c:meetitive position in the

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design, manuf'acture, shipment, instaliatiott, assurance

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of quality, or licensing a simi7ar product.

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(d) 'It reveals c:st or pric(1nformation, production esp-

,acities, budget levels,. or c=nnercia.1 strategies of .

Westinghouse, its cust: men. or suppliers.-

(e) It reveals. aspectr of' past, present, or f"uture West-inghouse or customer funded development plans and pro-grams of potentia.1 connercial valua tn Wastinghouse. ..

(f) It contains patentable ideas, for which patent pro .

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taction may ber dasirable. .

(g) It is"not tha propierty. of Westinghouse, but must be l

- treated'as proprietary by Westinghouse according to ,- .

agreements witfr the owner. s 4 .

There are sound policy reasons behind the Westinghouse system which include the following: ., ,

(a.) The use of such information by Westinghcuse gives

- Westinghousa a competitive advantage over its c:m- ',

petita n . It is, therefore, withheld frem disclosure

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- tzr protect the Westinghousa c:mpetitive positiert.

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. (b) It is ,infor=atien which is car. et2bie i in many ways.

The extant := whien such informaticn is available to

-. c=mpetitors diminishes the Westinghouse ability to , '

sell products. and. servicas invalving tse use of the

. infonnatien..

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(c) Usa. by our c mpeti: r would put Wesdnghouse at a

! c=mp'etitive disadvantage by reducing his expenditure of resourcas at our expense. .

. (d) Each c mponent of' proprietarj- information pertinent to a. particular c=mpetitiva adirantage is potentially as valuaible as. the. total c=mpetitive advantage. If * -

c=opatitors acquire components.of proprietary infor-mation, any one component may,ba ttia key to. the entirt puzzle thereby depriving Westinghouse of a. competitive-

. advantage. -

.[ f(e). Unrestricted. disclosure would; feopardi:a the p,osition

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of prwinenes of WesdnghousE in the world market, ,

and. thereby give a market advantage to the c:mpetition

. in those countries. -

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(f) The Westinghouse- capacity to invast corporate assets o

in research and development depends upon the sue: ass in obtaining and. maintainjng a c:mpetitive advantage.

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AW-75-40 (iii) The infor=ation is. heing transmitted to the Cr.:=rission f.n

- . c nfidenca and, uncar the previsions. of 10 C.~R' !acdon 2.790,

- it is. to be recaived in confidenca by' the C'cmmission. ,

(iy) The 'nfomation is not available in puh11c suurcas to the J best" of' cur knowledge and beidef. .

(v) The proprietarf information sought to,be withheld in this sub-mittal is that which is appropriataly marked in the attach- -

ment to Westinghouse letter number NS-CE-1298, Eicheidinger to

' 'Stol'z. dated Cacamber 1,1976, concarning information relating

, to NRC~ review of WdAP-8567-P and. WCAP-8563 entitled, " Improved ,

l l . Thermal Design Procadure," defining the sensitivity of DNS ratio p various cara parameters. The letter and attachment .

'arar.being'submittad in. responsa p the NRC request at..the - '

I October 2S,1975' NRC/Wagtinghousa meeting." -

This infomation eitables Westinghouse to: .

(a) Justify the Wesdnghousa design.

9 (b) ' Assist its customers to obtain licansas.

l (c) Meet warrandes. ,

- (d) Provide greatar 'operationaT flexibility to cust:mers 6 .* s . .- assuring thenr of safe and reliable operation ~

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(e) Jusdf/ increased power espability or operating margin ,

for plants while assuring safa and reliable operation.

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(f.) Optmi:n reac :r design and pe.domanca while maintaining E. high level of fuel intagrity. -

Further, the- infomadan gained fr=r the improved themal design procadure is of significant c:mercial value as follows:

(a) Westinghouse user. the infomation to perfom and jusdfy .

. analyser which- are so.1d to customers.

. (b) Westinghousa' sells analysis serviens based upon the

- experiene: gained. and the math,ods developed. .

Public disclosure of this infangation c=ncarning design pro; cadures is;likely to. cause substantial ham to the c mpetitiva

- - pas.ition. of Wesdnghouse; because ecmpetitors could Qtilize

• this-information: to ass'est and justify their ow"n designs-without comensurata dpense..

The parametric analyses prfomed and their evaluation rupresent

a. considerable amount 'of highly qualified development effort.

l This work was contingent upon a design method development pro-gram which has been undernay during the past two years.

Altogether, a substantial amount of money and effort has been l expanded by Westinghousa which ecuid only be duplicated by a

- competiter if' he were ta invest simi1ar sums of money and; pro-vidad he 'had. the appropriate talene avai1able.

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Further 'i:ha deponent sayeth not. . .

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