ML20076K930

Application for Withholding Proprietary Graph Depicting Elevation Dependent Peaking Factor Vs Core Height,In Support of 830825 Radial Peaking Factor Limit Rept.W/Affidavit

ML20076K930
Person / Time
Site:	Farley
Issue date:	09/06/1983
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton, Varga S NRC, Office of Nuclear Reactor Regulation
Shared Package
ML19273A137	List: ML20076K925 ML20076K930
References
AW-76-10, CAW-83-74, NUDOCS 8309150316
Download: ML20076K930 (10)

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Westinghouse Water Reactor wearTemegy osa Electric Corporation Divisions s a ass Pittsburgh Pennsylvania 152?D September 6,1983 fir. Harold Denton, Director CAW-83-74 Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D.C. 20555

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Attention: Mr. Stephen A. Varga APPLICATION FOR WITHHOLDING PROPRIETARY '

INFORMATION FROM PUBLIC DISCLOSURE 1

Reference:

Letter from Alabama Power Company to NRC (Clayton to Denton),

dated September, 1983

Dear Mr. Denton:

The proprietary material for which withholding is being requested by 'Alabarra:

Power Company is proprietary to Westinghouse and withholding is requested pursuant to the provisions of paragraph (b)(1) of Se'ction 2.790 of the Commission's regulations.

The proprietary material transmitted by the reference letter is of the same type as material previously submitted. Further, the affidavit submitted to justify the material previously submitted, JAW-7E-10, is equally applicable to this material.

i Accordingly, withholding the subject infonr:ation from public disclosure is requested in accordance with the previously submitted affidavit, AW-76-10, a copy of which is attached.

Accordingly, this letter authorizes the use of the Application fo'r Withholding Proprietary Information and affidavit CAW-83-74 by the-Alabama Power Company for Farley Unit 2.

Correspondence with respect to this application for withholding or the accoril-panying affidavit should reference CAW-83-74 and,be addressed to the under-signed.

Ver truly yours, I

- Robert A. Wiesemann, Manager --

Regulatory & Legislative Affairs

/pj Enclosure cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC 0309150316 830909 PDR ATDCK 05000364 P _

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i AW-76-10 AFFIDAVIT

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l COMMONWEALTH OF PENNSYLVANIA:  ! -

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COUNTY OF ALLEGHENY: i Before me, the undersigned authority, personally appeared Robert A. Wiesemann, who, being by me duly sworn according to law, de-poses and says that he is authorized to e'xecute this Affidavit on behalf of Westinghouse Electric Corporation (" Westinghouse") and that the aver-ments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

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dEntbli Robert A. Wiesemann, Manager Licensing Programs -

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Sworn to and subscribed before me this /IS day of }L.L4'/ 1976.

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Notary Public 7

CENEVIEVE KISH. NOTARY PUBUC MONROEVILLE E0 ROUGH mous cuuriTY MY COMistSSICM Du*tRES JULY 22,1976 9

.(1 ) I am Manager, Licensing Programs, in the Pressurized Water Reactor Systems Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing :he proprietary information sought to be withheld from public dis-closure in connection with nuclear power plant licensing or rule-making proceedings, and am authorized to apply for its withh'olding on behalf of the Westinghouse Water Reactor Divisions. >

(2) I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.790 of the Commission's regulations and in con-junction with the Westinghouse application for withholding ac-companying this Affidavit.

('3) I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Energy Systems 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 in-formation sought to be withheld.from public disclosure should be withheld. ,

(i) The information sought to be withheld from public disclosure is owned and has'bec.s brid in confidence by Westinghouse.

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5- ." N (ii) The infonnation is of a type customarily held in confidence -

by Westinghouse and not customarily disclosed to the public. .

Westinghouse has a rational basis for detennining 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 infonnation 'in confidence.

The application of that system'and.the substance of that system constitutes Westinghouse policy and pr.ovides the rational basis required. -

Under* that system, information is h' eld 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 com-petitive 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.

l competitors without license from Westinghouse con.sti-tutes 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 orimp~rovedmarketability.(

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- m-7A. Twig (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 cap-acities, budget levels, or commercial strategies of Westinghouse, its customers 'or suppliers.

(e) It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grams of potential comercial value to Westinghouse.

(f) It contains patentable ideas, for which patent pro-tection may be desirable.

(g) It is not the propert/ of Westinghouse, but must be '

treated as propri~etary by Westinghouse according to agreements with the oz.ier.

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

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(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its com-petitors. It is, therefore, withheld f' om r disclosure to protect the Westinghouse competitive position.

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(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.

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(c) Use by our competitor would put Westinghouse at a competitive disadvantage by r, educing his expenditure-of reso'urces 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 infor-mation, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive _, _

advantage.

Unrestricted disclosure would jeopardize the position

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(e) of prominence'of Westinghouse in the world market, and thereby give a market advantage to the competition -.

in those countries. -

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(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

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7- , AW-76-10 (iii) The information is being transmitted to the Commission in

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confidence and, under the provisions of 10 CFR Section 2.790, it is to be received in confidence by the Commission.

(iv) The information is not available in public sources 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 Attachment II to Commonwealth Edison Company letter, Plimi to Purple dated May 4,1976, concerning reload safety and licensing. This information is being provided in support of a reload review of Commonwealth Edison's Zion Station Unit 1, plant for cycle 2 operation. This information is required per NRC Branch Technical Position CPB 4.3-1 " Westinghouse Constant Axial Offset Control (CAOC)" since the applicant. proposes cycle 2 CAOC operation for Fq = 2.25.

i This information enables Westinghouse to:

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(a) Justify the design basis for the fuel

'(b) Assist its customers to obtain licenses (c) Meat warranties .

Further, this information has substantial commercial value as follows:

l (a) Westinghouse sells the use of the information to its customers f6r purposes of meeting NRC requirements for licensing documentation.

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F."~. AW-76-10 (b) Westinghouse uses the information to perform and , .

ju'stify analyses which are sold to customers.

(c) Westinghouse uses the information to sell nuclear fuel and related services to its customers.

- Public disclosure of this information is likely to cause sub-stantial harm to the competitive position of Westinghouse in selling nuclear ,

fuel and related services. .

Westinghouse retains,a marketing advantage by virtue of the knowledge, experience and competence it has gained through long involvement and considerable investment in all aspects of the nuclear power generation.

industry. In particular Westinghouse has developed a uni,que understanding of the factors and parameters which are variable in the process of design _

of nuclear fuel and which do affect the in service performance of the fuel and its suitability for the purpose for which it was provided. 3 In all cases that purpose is to generate energy in a safe and efficient -

manner while enabling the operating nuclear generating station to meet all regulatory requirements affected by the core loading of' nuclear fuel.

Confidence in being abie to accomplish this comes from the exercise of judgement based on experience, in,the application of empirically derived models based on prior data and in the use of proven analytical models to simulate behavior of the fuel in normal operation and under hypothetical transients.

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AW-76-10 -

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, , Thus, the essence of the competitive advantage in this field lies in an understanding of which analyses should be perforr$ed and in the -

methods and models used to perform these analyses. A substantial part of this competitive advantage will be lost if the competitors of '

Wastinghouse are able to use the results of the analyses in the attached document to normalize or verify their own methods or rhodels or if they

, are able to claim an equivalent understanding by demonstrating that they

! can arrive at the same or similar'results. Its use.by a competitor would l reduce his expenditure of resources or improve his competitive position in the. design and licensing of a similar product.

l l This infonnation is a product of Westinghouse design technology.

l As such, it is broadly applicable to the sale and licensing of fuel in pressurized water reactors. The development of this information is the

result of many years of Westinghouse effort and the expenditure of a considerable sum of money.' While the, analyses for this specific application j

was not unique (in order for competitors of Westinghouse to duplicate s

this information would require the ihvestment of substantially the same amount of effort and expertise that Westinghouse possesses and which was.

acquired over a period of more than fifteen years and by the investment of millions of dollars. Over the years, this has included the development of heat transfer codes,.nucl' ear analysis codes, transient analysis codes, ,

core and system simulation methods and an experimental data base to support l

them.

I Further the deponent sayeth not.

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WESTINGHOUSE PROPRIETARY INFORMATION TO BE WITHHELD FROM PUBLIC DISCLOSURE l

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