ML20084U039
| ML20084U039 | |
| Person / Time | |
|---|---|
| Site: | Farley  |
| Issue date: | 03/20/1991 |
| From: | Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| CAW-89-003, CAW-89-3, NS-OPLS-91-122, NUDOCS 9103290073 | |
| Download: ML20084U039 (11) | |
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Westinghouse Energy Systems p.'spgy,m gy, 3
Electric Corporation March 20, 1991 NS-0PLS-91-122 D'ocument Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas Hurley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FPJM PUBLIC DISCLOSURE
Subject:
WCAP-11953, " Safety Eu,iuation Sepporting a More Negative E01 Moderator Temperature Coefficient for the Joseph M. Farley Ni clear Power Plant Units 1 and 2".
Dear Dr. Hurley:
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.
It has come to our attention that the date on the Affidavit is not correct.
Westinghouse agrees that a typographical error exists on the document and does hereby certify that the affidavit is valid and was notarized January 10, 1989.
Attached is a notarized copy of the Notarial Register in support of this.
This letter shall be used to confirm the validity of Affidavit CAW-89 003.
Correspondence related to CAW-89-003 should be addressed to the undersigned.
Very truly yours, btk l
[W R. P. DiPlazza, r
Operating Plant Licensing Support Enclosures cc:
M. P. Siemien, Esq.
Office of the General Counsel, NRC S. T. Hoffman, APCo Project Manager f O fO
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i CERTIFICATE COMMONWEALTH OF PENNSYLVANIA)
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COUNTY OF ALLEGHENY
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I certify that the attached copy 3r two pages from my Official Notarial Register, listing my notarial acts from November 9,1988 to and including January 31, 1989, is a true, correct and complete copy of the original Notarial Register.
In witness whereof, I hereunto set my hand and official seal.
Ahlu(6 M/.
I Notary Public tiOTAA;ALSEAL LO9RA!NE M PiPLICA.l;OTA AY PUBL!C MONACEV!LLE 00AO, ALLECHLiY COUNTY MY CC4 MSS ON EXP:RES CEC 14.1Mt MemW Pennspana h:cabn cif;;urg r
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CAW-89-003 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:-
Before me, the undersigned authority, personally appeared
-e Robert A. Wiesemann, 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:
QLhilanix Robert A. Wiesemann, Manager Regulatory and Legislative Affairs
- Sworn to.and subscribed before me this M ' day
' of % :tn a%,1988.
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-jd sME MI. / b lh Notary'Public NOTAA% s!AL-LOARANE M P.PUCA, NOTAAY PUBUC MCN AOEVILLE BCAO. Ai.LEGHEN / COUNTY MY CoWLsiCN EX8:Afs s!C 14.1 of Memw. Pt tsytvsu sisw.r.r ^ Ndses
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. CAW 89-003 (1)
I am Manager, Regulatory and Legislative Affairs, in the Nuclear and Advanced Technology Division, of the Westinghour.e 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 wit:. nuclear power plant licensing and rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems, Nuclear Fuel, and Power Generation Business Units, g
(2)
I am making this Affidavit in conformance with.the provisions of 10CFR Section 2 790 of the Comission'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, Nuclear Fuel, and Power Generation Business Units in designating information as a trade secret,.
privileged or as confidential comercial or financial information.
(4). Pursuant to.the provisions of paragraph (b)(4) of Section 2.790 of the Comission's regulations, the following is furnished.for consideration by the Comission in determining whether the-information sought to be 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.
S CAW 89-005 (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 Westinghouse policy and provides the rational basis required.
Under that system, information is held 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 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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i (c)
Its use by a competitor would reduce.h's 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.
-s (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.
(g)
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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' CAW 89 003 (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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0 CAW.89 003 (iii)
The information is being transaitted 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 sought tU be protected is not av-vbl.
public sources or available information has not previously employed in the same nriginal manner or meth,s to the best of our knowledge and belief.
~ (v)
LThe proprietary information sought to be withheld in this submittal is that which is appropriately marked in
" Safety Evaluaiton Supporting a More. Negative E0L Moderator Temperature Coefficient Technical. Specification for the Joseph M. Farley Nuclear Plant Unitt.. and 2," WCAP-11953 (Proprietary),- for J. M. Farley Nuclea-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, January,1989. The' proprietary information asisubmitted 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 89-003 This information is part or that which will enable Westinghouse to:
(a) Provide documentation of the ' analyses, metheds 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.aeeting 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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. CAW 89-003 Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhatice the ability of competitors to provide similar analytical documentation and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclesure of the information would enable others to use the information to meet NRC requirements for licensing documentatiot..,
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 im ults of many L
years of experience 'In an intensive Westinghouse effcrt and the expenditure of a considerable sum of money, in order for competitors of Westinghouse to depitcate this information, similar technical programs vabld have to be performed and a significant manpower effort, having the
-requisite talent and experience, would have to be <2xpehded for developing the analytical methods al.a approach.
Further the deponent sayeth not.
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