ML20078J746
| ML20078J746 | |
| Person / Time | |
|---|---|
| Site: | Byron, Braidwood  |
| Issue date: | 02/02/1995 |
| From: | Saccomando D COMMONWEALTH EDISON CO. |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 9502080196 | |
| Download: ML20078J746 (1) | |
Text
r-
/
Commonwealth Edison
.s 1400 Opus Place l
\\
Downers Grove, lilinois 60515 February 2,1995 i
Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention:
NRC Document Control Desk
Subject:
Additional Information Related to the Review of the VIPRE Computer Code Byron Station Units 1 and 2 NRC Docket Nos. 50-454/45ji Braidwood Station Units 1 and 2
}
NRC Docket Nos. 50-456/4,57 I
References:
1)
D. Saccomando letter to NRC transmitting Response to Request for Additional Information Related to the Review of the VIPRE Computer Code dated December 13,1994.
Reference I transmitted Commonwealth Edison Company (Comed) response to request for additional information related to the review of the VIPRE Computer Code.
Due to a distribution error Attachment C was not sent in its entirety. We are sending you a copy of the complete version of Appendix C to attach to the letter referenced.
If you have any questions concerning this transmittal, please refer than to this office.
Sincerely, M
Denise M. Sac 'ojando Nuclear Licensing Administrator Attachment cc:
G. Dick, Byron Project Manager NRR R. Assa, Braidwood Project Manager-NRR II. Peterson, Senior Resident Inspector-RIII S. DuPont, Senior Resident Inspector-RIII J. Martin, Regional Administrator-Rill Office of Nuclear Safety-IDNS kt/vipreral.wpf/1
'g23gggggggggg yi
,Y
utacK ut m ETW C M f
, -\\
f w
19 Westinghouse Energy Systems bm
+"re a'"n x. 9 Electric Corporation November 28,1994 CAW.94-756 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention:
Mr. W. T. Russell, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORM ATION FROM PUBLIC DISCLOSURE
Subject:
" Response to Nuclear Regulatory Staff Request for Additional Information on VIPREiWRB-2 DNBR Thermal Unit for Westinghouse 17x17 OFA and VANTAGE 5 Fuel," ( Proprietary) i
Dear Mr. Russell:
The proprietary information for which withholding is being requested in the above-referenced letter is further identified in Affidavit CAW-94 756 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 3peciticity 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 Commonwealth Edison Company.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse atfidasit should reference this letter, CAW-94-756, and should be addressed to the undersigned.
Very truly yours.
,. ' ^
0 Nicholas J. Lipartflo, Manager
% f r9 6oA b
O7
/' 7 / " 0
/
Nuclear Safety and Regulatory Activities i
Enclosures J
cc:
M. P. Siemien, Esq.
Otfice of the General Counsel. NRC 1
a
C A W-94. ~ 5 n j
Vr b...
. m., r GAj$ 2 AFFIDAVIT 1
COMMONWEALTH OF PENNSYLVANIA:
i
~
1 ss 1
COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Nicholas J. Liparuto, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalt of Westinghouse Electric Corporation (" Westinghouse") and that the averments of fact set forth in this Attidavit are true and correct to the best of his knowledge, information, and belief:
1
%N Nicholas J. Lipa Manager Regulatory and Licensing Initiatives Sworn to and subscribed before me this /n # bay of
[/A L M,1994.
ha 7l4. M i
Notary Public NetanalSeal Lorrare PA P<Rr, rMary PLtie Morvada!W: AegnaryCounty My Cr.Ttter@rce OM '4 '"5 MemowTenn7r E&whiorita a
~- ~ - - - - -
...,,,,mg 2
CAWm. 56 il\\
l am Manager. Nuclear Salet) and Regulatory Activities, in the Nuclear and Adsanced Technology Division, et the Wesdnghouse Electric Corporation and a3 such, I hase been specifically delegated the lunction of reviewing the proprietary information sought to be withheld from public disclosury 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 Alfidavn in conformance with the provisions of 10 CFR Sectica 2.790 ot the Commission's regulations and in tonjunction with the Westinghouse application tor 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 tradi, secret, privileged or as confidential commercial or tinancial information.
(4)
Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Commission's regulatiorts, the tollowing is furnished for consideration by the Commission in determining whether the information sought to t e 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 Westing. house policy and provides the rational basis required.
l Under that system, information is held in contidence if it falls in one or more of several ty pes, the release of which might result in the loss of an existing or potential competitive i
1 advantage, as tollows:
l
)
o.: am Lass 2 p
3-CAW-94-756
~
(a)
The inforraation reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Wesdr.ghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other core nies.
(b)
It consists of supporting data, including test data, relative to a process (or component, structure, tool, n ethod, etc.), the application of which data sechtes 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 cost or price information, production capacities, budget levels, or commercia: strategies of Westinghouse, its customers or suppliers.
(e)
It reveals aspects of past, present, or future Westinghause 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 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.
m
~
"w 2 4
CAWM-Un
.e tc)
Lie by our competitor would put Westinghou3e at a competitne disadsantage by reducing hm 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 punle, thereby depriving Westinghouse of a competitive advantage.
(e)
Unrestricted disclosure would jeopardize the position of prominence ot l
Westinghouse in the world market, and thereby give a market advantap to the competition of those countries.
(f)
The Westinghouse capacity to in$sst corporate assets in research and development depends upon the success in obtaining and maintaining a competitis e advamage.
(iii)
The information is being transmitted to the Commission in confidence and, under the provisions of to 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 informatsn sought to be withheld in this submittal is that which is appropriately marked in, " Response to Nuclear Regulatory Staff Request for Additional Information on VIPRE/WRB-2 DNBR Thermal Limit for Westinghouse 17x17 OFA and VANTAGE 5 Fuel," (Proprietary). November 15,.1994, for reproducing Westinghouse *s methodology, being transmitted by the Commonwealth Edison Company (Comed) letter and Application for Withholding Proprietary Information ! rom Public Disclosure, S.Timae to the Attention ot Mr. Russell, Director, Office of NRR. The proprietary information as submitted for use by the Commonwealth Edison Company for the Westinghouse reload cores is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of DNBR thermal limits.
,,a,7 1. ' TT;.2 whS 2 5
CAW 4 75 This information is part of that which will enable Westinghouse to:
(a)
Justify the thermal performance for reload cores.
(b)
Assist its customers to obtain licenses.
(c)
Optimi/c reactor design and performance while maintaining a high level of f uel integrity.
Further this information has substantial commercial value as follows:
(a)
Westinghouse plans to sell the use of similar informam.1 to its customers for purposes of future fuel upgrades.
(b)
Westinghouse can sell support and defense of the product to its customers in the licensing process.
Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position ot Westinghouse because it would enhance the ability of competitors to provide similar improved core thermal performance methodology 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.
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 the enclosed improved core thermal performance methodology.
Further the deponent sayeth not.
,.