ML20082E952
| ML20082E952 | |
| Person / Time | |
|---|---|
| Site: | Fort Calhoun  |
| Issue date: | 06/24/1991 |
| From: | Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19302E926 | List: |
| References | |
| CAW-91-177, NUDOCS 9108020204 | |
| Download: ML20082E952 (9) | |
Text
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Westinghouse Energy Systems
[l;jg,yy,,,,., g, flectric Corporallon June 24, 1991 CAW 91-177 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention:
Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSVRE
Subject:
Westinghouse Reload fuel Mechanical Design Evaluation for the fort Calhoun Station Unit 1
Dear Dr. Murley:
The proprietary information for which withholding is being requested in the enclosed letter by Omaha Public Power District is further identified in Affidavit CAW-91-177 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 specificity the considerations listed in paragraph (b)(4) of 10 CFR Section 2.790 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Omaha Public Power District.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this lettnr.
CAW-91-177, and should be addressed to the undersigned.
Very truly yours, ed R. P.
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d fc Enclosures Operating Plant Licensing' Supt r f
cc:
M. P. Siemien, Esq.
Office of the General Counsel, NRC p
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CAW-91-177 Aff10A01 COMMONWEALTH Of PENN$YLVANIA:
ss COUNTY Of ALLEGHENY:
Befwe Q, the undersigned authority, personally appeared Ronald P. DiPla a s, who, being by me duly sworn according to law, d;pi,!t., And says tnac he is authorized to execute this Affidavit on bd slt.< Westinghouse Electric Corporation (" Westinghouse") and that
-the avarmei s of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
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/ /,/j W RSnaldP.DiPiazza, Man ((
Operating Plant Licensing Support l
l Sworn to and subscribed before me this M day of Amu.
,1991.
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Odbw M. O I
Notary Public
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sotsisv (O;RAINE M P'PLCA, NOTARY PUBLC uONROEVILLE BORO. ALE 3HENT COJNTY MY CCMM ssO4 Ed.REs OE0141H1 pe w Pws A, vie A.t.r.naun 9 NM%
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4 b CAW 91-177 (1) I am Manager, Operating Plant Licensing Support. in the Nuclear and Advanced Technology Division, 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 Systems Business Unit 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 wnether the information sought to be withheld fro;n 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.
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. CAW 91 177 (ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.
Westinghouse has a rational t, asis 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 system, information is held in confidence if it falls in one or more ot~ several types, the release of which might result in the loss of an existing or potential competitive 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 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.
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CAW-v) 177 (c)
Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufar('re, shipment, installat ion, 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 contains patentable ideas, for which patent protection may be desirable.
(9)
It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agreements with the owner.
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.
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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.
(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 Westinghouse of a competitive advantage.
(e) Unrestricted 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.
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. CAW-91-177 (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 sounkt 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 oc withheld in this submittal is that which is appropriately marked in " Westinghouse Reload fuel Mechanical Design Evaluation for the fort Calhoun Station Unit 1", WCAP-12977 (Proprietary) June 1991, being transmitted by the Omaha Public Power District (OPPD) letter and Application for Withholding Proprietary Information from Public Disclosure, Mr. W. G. Gates, OPPD, to NRC Document Control Desk, Revision 1.
The proprietary information is submitted for use by the Omaha Public Power District for Calhoun Station Unit I for use of Westinghouse fuel in Fort Calhoun Station Unit.
This in'ormation is part of that which will enable Westinghouse to:
(a) Justify the Westinghouse design in a competitor core.
(b) Provide a reload design that assures safe and reliable operation.
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I'. CAW 91 117 (c)
Justify the reload design for a transition core compatible with fort Calhoun Station Unit 1.
(d) Assist the customer to obtain licenses.
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 supporting alternate plugging criteria.
(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 competitors to provide similar documentation 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.
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-8 CAW 91-177 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 the developing, testing and analytical methods.
Further the deponent sayeth not, i
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