ML20073R215

Forwards Affidavit for Withholding WCAP-11953, Safety Evaluation Supporting More Negative Eol Moderator Temp Coefficient for Jm Farley Nuclear Power Plant Units 1 & 2 (Ref 10CFR2.790)

ML20073R215
Person / Time
Site:	Farley
Issue date:	04/12/1991
From:	Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20073R214	List: ML20073R213 ML20073R215
References
NL-OPLS-91-122, NL-OPLS-91-135, NUDOCS 9106060071
Download: ML20073R215 (10)

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$$ nnnpos230035s April 12, 1991 NS-0PLS-91-13S Ref: NS-0PLS-91-122 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

WCAP-11953, " Safety Evaluation Supporting a More Negative EOL Moderator Temperature Coefficient for the Joseph M. Farley Nuclear Power Plant Units 1 and 2".

Dear Dr. Murley:

Affidavit CAW-89-003 signed by the owner of the proprietary information,-

Westinghouse Electric Corporation, sets forth the basis on which the information contained in WCAP-11953 may be withheld from public disclosure by the Commission.

I' has come to our attention that the date on the Affidavit is not correct.

Westinghouse agrees that a typographical error exists on the document.

This letter transmits a new affidavit (CAW-91-149) to replace CAW-89-003.

Very truly yours,

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h.P.DiPiazza,Mana Operating Plant Licensing Support cc: H. P. Siemien', Esq.

Office of the General Counsel, NRC S. T. Hoffman, APCo Proje::t Manager 910606o071 910520 PDR P ADOCK 05000348 PDR-0088J:RJS/041291

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CAW-91-149 AFFIDAVIT COMM0w.:U.LTH OF PENNSYLO NIA:

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:

~ f (MW Eonald P. DiPiazza, Manageh/O Operating Plant Licensing Support Sworn to and subscribed beforemethis/!obay of 8,4Aih , 1991. 1 Of %Ourh-Notary Public NOTARitt SEAL LORRAINE M PIPt.lCA NOTARY PUBLIC MONRCEV1LE ECRO. ALLE9iENYCOUNTY MY COMM:sSON EXP.RES CEC. 14.1331 Member.Pennspaw .ats; :at i cf Nw:ss

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(1) I am Manager, Operating Plant Licensing Support, in the Nuclear i and Advanced Technology Division, of the Westinghouse Electric Corporation i and as such, I have. been specifically delegated the_ function of reviewing j_ the proprietary information sought to.be withheld from public disclosure in i connection with nuclear power' plant licensing and rulemaking proceedings, I

and am authorized to apply for its withholding on- behalf of the.

Westinghouse Energy Systems-Business Unit.

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(2) I am making this Affidavit in conformance with the provisions'of;10CFR--  !

l-Section 2.790 of the Commission's regulations and -in conjunction with the -

4 Westinghouse application for withholding accompanying this Affidavit.-

(3) I have personal knowledge of the. criter'ia and procedures utilized by the -

Westinghouse Energy Systems-Business Unit in designating inform'ation asia i trade secret, privileged or as confidential commercial-or financial

! information.

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l (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-informationisought to be withheld!

j. from public disclosure should be withheld.

l' m (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.

l Westinghouse has a rational basis for determining the types of l information customarily held in confidence by it and, in that 4 connection, utilizes a system to determiria when and whether to hold j 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.-

i Under that system,-information is held in confidence if it falls in - -

i one or more of several types, the release of which might result in the

loss of an existing or potential competitive advantage, as follows

i 4 (a) The information reveals the distinguishing aspects of a process j (or component, structure,-tool, method, etc.)_ where prevention of l its use by any of Westinghouse's competitors without-license from +

l Westinghouse constitutes a competitive economic advantage over other companies.

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! (b) It consists of-supporting' data, including test data,1 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; d

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CAW-91-149 i

(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 customer funded development plans and programs of potential commercial value to Westinghouse.

(f) It- cr.ntains patentable ideas, for which patent protection may be desir able.

(g) It is not the property of Westinghuuse, but-mu;t be treated as >

proprietary by Westinghouse according-to agreements with the-owner.

There are-sound _ policy reasons behind theLWestinghouse 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. .

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n (b) _It is information which is marketable in many ways. :The extent

, to which such information is' available to competitors' diminishes .

l the Westinghouse ability to: sell products and services involving

! the use of the information.

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j. (c) Use by our competitor would put-Westinghouse at a competitive disadvantage by reducing his' expenditure-of resources at our expense, i

, (d) Each component of proprietary information pertinent to a l

particular competitive advantage:is potential 1, 's valuableLas j the total ~ competitive advantage. If competitors acquire components of proprietary information, any onefcomponent may_ be -

the key to the' entire puzzle, thereby-depriving Westinghouse of a-  ;

ccmpetitive advantage.

(e) Unrestricted disclosure-would jeopardize the position of prominence of Westinghouse in the world market, and thereby lgive.

a market advantage-to the competition of those_ countries.

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-(f)' The Westinghouse capacity to investfcorporate' assets in~research-and development depends upon the successiin obtaining.andc 5-maintaining a competitive advantage.

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CAW-91-149

, (iii) The information is being transmitted to the Commission ia confidence and, under the provisions of 10CFR Section 2.790, it f

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 submlttal is that which is appropriately marked'in

" Safety Evaluation Supporting a More Negative E0L Moderator Temperature Coefficient Technical Specification for the Joseph M.

Farley Nuclear Plant Units 1 and 2," April,1991, WCAP-11953 (Proprietary), for J. M. Farley Nuclear Plant, Units 1 and 2, being transmitted by the Alabama Power Company (APCo) letter and Application for Withholding Proprietary Information from Public Disclosure, W. G. Hairston, III, APCo,- to the Attention of Thomas Murley (NRC), Document Con'rol Desk. The proprietary information as submitted for use by Alabama Power Company for the J. M.

Farley Units 1 and 2 is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of a more negative End of Life 'ioderator Temperature Coefficient.

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CAW-91-149 (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.

1 (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

" Safety Evaluation Supporting a More Negative E0L Moderator Temperature Coefficient Technical Specification for the Joseph M.

Farley Nuclear Plant Units 1 and 2", WCAP-11953 (Proprietary),

for J. M. F6rley Nuclear Plant, Units 1 and 2, being transmitted by the Alabama Power Company (APCo) letter and Application for Withholding Proprietary Information from Public Disclosure,- W. G.

Hairston,-III, APCo,- to the Attention of Thomas Murley (NRC),

Document Control Desk. The proprietary information as submitted for use by Alabama Power Company for the J. M. Farley Units 1 and 2 is expected to be applicable in other licensee submittals in -

response to certain NRC requirements for justification of a more negative End of Life Moderator Temperature Coefficient.

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CAW-91-149 This information is part or that which will enable Westinghouse to:

(a) Provide documentation of the analyses, methods and conservatisms for reaching a conclusion relative to reducing E0L MFC Limiting Condition for Operation (LCO) and Surveillance Requirements (SR).

(b) Identify benefits for the suspension of the Surveillance Requirements below 100 ppm Boron Concentration.

(c) Establish the effects on the present safety analysis with the More Negative MTC conditions.

(d) Establish temperature and pressure affects and RCCA Insertion Limits for E0L MTC.

(e) Assist customer to obtain NRC approval.

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 licensing documentation.

(b) Westinghouse can sell support and defense of the analyses to its customers in the licensing process.

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fublic' disclosure of this proprietary information is'likely l to cause substantial- harm to;the competitive position of 3_

Westinghouse because it would enhance the ability of l competitors to provide-similar analytical documentation-and I licensing defense services for commercial power reactors l without commensurate expenses. Also, public disclosure of f j the information would enable others to use the'information to meet ~NRC requirements for licensing documentation without purchasing the right to use.the1information.

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

• l the expenditure of a ' considerable sum' of money.

In order for competitors of Westinghouse to duplicatef this

{ information, 'similar technical programs would have to be performed and a significant manpower efforti.having;the

. requisite talent and experience, would have to be expended- ,

for developing the analytical methods and' approach, i- _

Further the deponent sayeth not. '

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