ML20086U558
| ML20086U558 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 08/18/1983 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Youngblood B Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19292C997 | List: |
| References | |
| CAW-83-65, NUDOCS 8403070302 | |
| Download: ML20086U558 (8) | |
Text
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r Westinghouse Water Reactor we3 deme mosca Electric Corporation Divisions sco33 Pittsturp Fennsylvania 15230 August 18, 1983 CAW-83-65 Mr. B. J. Youngblood, Chief L.icensing Branch No. 1 Division of Licensing 7920 Norfolk Avenue Bethesda, Maryland 20014 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
SUBJECT:
RCS Flow Measurement Uncertainty REF: Northeast Utilities Service Corpany Letter, Counsil to Youngblood, dated September 1983
Dear Mr. Youngblood:
The proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously submitted by Westinghouse concerning Reactor Protection System / Engineered Safety Features Ac+uation System Setpoint Methodology. The previous application for with-hviding, AW-76-60, was accompanied by an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation.
Further, the affidavit submitted to justify the previous material was approved by the Commission on April 17, 1978, and is equally applicable to the subject material.
Accordingly, it is respectfully requested that the subject information which is proprietary to Westinghouse and which is further identified in the affi-davit be withheld from public disclosure in accordance with 10 CFR Section 2.790 of the Commission's regulations.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference CAW-83-65 and should be addressed to the undersigned.
Ver truly yours,
/bek Robert A. Wiesemann, Manager Attachment Regulatory & Legislative Affairs cc:
E. C. Shomaker, Esq.
i Office of the Executive Legal Director, NRC l
l 8403070302 840216 PDR ADOCK 05000423 A
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AW-75-40 AFTICAVIT CP140ti'.?EAL;"i 0F F-?itiSYL'/AtlIA:
ss CUtiT! OF ALLE~&i?JIY:
Safore me, the undersigned authori 7, perscnally acpeared Robert. A. Wiesemkan, who, being by me duly sworn according to law, de-pcses and says that he is authori:ed to execute 'this Affidavit en behalf of 'destinghcuse Cacti. c Cor;cration ("'Jestinghouse") and that the aver-ments of fact set fer.h in this Affidavit are t:ue and corne to the best of his kncwledge, information, and belief:'
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1976.
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, AW-79-40 (1)
- am Manager, Ucansing Fr: grams, in the 3-tssuri:ed Wa:ar ?.eact:r Systams Civisicn, cf Westingneuse Elect:-ic Cer:cration and as sucn, I have been specifically delegatad Me functicn of reviewing me pr:grietsr/ infermation scugn: to be withneid frem public dis-cicsure in c:nnection with nuclear power piant licansing er rule-
'saking precandings, and am authoriind to apply for its withheiding en' behalf of the Westinghause Watar React:r Divisions.
(2)
I am :naking this Affidavit in c:nformance With the pr:visiens cf 10 C.~R Secd en 2.7s0.cf the Ccmmission's regulations and in c:n-juncdon with the Westinchcuse application for withnolding ac-c=maanying this Affidavit.
(3)
I have personai knowledge cf the critaria and precadures utili:ed by Westinghouse Nuclear Energy-Systems in designating infct natien as a. trade secret, privileged,cr as, c:nfidancial c:a=:ercial or
' financial infermatiert.
(4)
Pursuant to the pr: visions of paragraph (b)(4) cf Section 2.7s0 of the Ccmmission's rugulations, the fclicwing is furnished for
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c:nsidaraticn by the Cc=missicn in detarmining wnether the in-fannatica sought to be-withheld frer public disclosure should be wi thheld.
(i)
The infernaticn scugnt to be withheld'frem public discicsure is owned and has been. held in c nfidenca by Westinghouse.
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. AW-75-40 (ii) he inf::-:a.icn is' cf a type cust=:ariTy heic in =nfidenca by
'iestingneuse and not cust:marily disc csad to de ::alic.
i Westingneusa. has l'rsticnal basis for datar rining the ypes of infomatien cust:marily held in c:nfidenca by it and, in that c:nnecticn, udli:as a. systam t: datarmine wnen and whether ::
hold cartain types of infomaden in c nfidenca.
The ap-plicatien of that system and the substanca of that systam c:nstitutas Westinghousa policy and provides the rational basis required.
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I Under that system, informaticn is held in c:nfidanca if it l
falls in ene er :ncre of several types', the release of which j
l might result in the loss of an existing or potential c:m-petitive advantage, as fc11cws:
I (a) The informatierr reveals the 'distinguishirg aspect: cf a precass (or c:mponent, structure, ::a1, athed, etc.)
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- wners prevention of its 'une by any of Westinghcuse's
, c:mmetit:rs withcut license frem Westingneuse c:nstitutas a c:mpetitive ec:ncmic advantage over other c:mpanies.
(b)
It c:nsists of suppardng data, including test data, relative to a precass (or c:mponen:, structure, tecl, athed, etc.), the applicaticn of which data secures a c:mpetitive ec:ncmic advantage, e.g., by catimi:ation or improved marketstility.
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-L (c)
Its use by a c: :etit:r wcuid reduca his ex:enciture of rescur:2s or i::creve his c:::etitive positicn in -he design, manuf"ac ure, snipment, installation, assuranca cf qualirf, cr licansing a similar product.
(d)
It reveals c:s cr prica.'inf5mation, production ese-acities, budget levels, or c:amarcia1 :trategies of Westinghcuse, its cust:mers er suppliers.
(e)
It reveals aspects of past, present, or i'uture West-inghouse or c':st:mer funded development plans and pro-grams of potential comnercial value to Westinghcuse.
(f)
It contains patantable idess, for which patent pro.
taction may be desirible.
(g)
It is not the propithf of Westinghouse, but must be treahd as prepHetsrf by Westinghouse ac::rding to agreements with the owner.
There are scund policy reascas behind the Westinghcuse system which include the felicwing:
(a)
The use of such infomation by Westinghcuse gives Westinghcusa a c mpetitive advantage over its ccm-petit =rs.
Ih is, therefore, withheld from discicsure to protect f.he Westinghausa c:meetitive positien.
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(b)
- t is, info rmati on wni c:: i s man.atacie in many ways.
The extant Oc wnica suca informatien is available :c c=mcatit:rs diminisnes the Westinghcuse acility :s sali prcducts and servicss insc1ving :he use of ~.he informatien.
(c)
Usa by our c:mcatit:r wc Id put Westingncuse at a c=mdetitive disadvantage by reuucing his expenditure of resourcas at cur expense.
(d)
Each c:meenant of proprietary infcmation pertinent to a particular c:mcatitive advantage is pctentially as valuable as the total c:mpetitive advantage.
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c=mpetitors ac:;uire c:mpenants.cf proprietary infor-mation, any one c=mponent may,be the key to the entire puzzle, thereby depriving Westinghause of a c:mpetitive
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advantage.
j (e)
Unrestrictad disclosure would. fecpardi:e the p,csition of preminenca of Westinghcus$ in the world market, 1
and thereby give a market advantage to the c:mcatitica in those countries.
(f)
The Westinghouse capacity to invest c:rporate assets in researen and development decends t. con the suc:sss in cbtaining and maintaining a c:mcatitive acvan sge.
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(iii)
Tne inf:r :ation is being : anst::i-cc :: 0:e Cc ::issicn in c:nfidanca anc, uncar the previsicas of 10 C.TR Iec-ien 2.7g0, it is to be recaived in c:nfidenes by the Cc:msission.
(iv)
The 'nformatien is not available in public scurens ts the best' of cur kncwledge and be4.!ef.
(t)
The prepbetary information scught to,be withheld in this sub-zittal is that which is appr:griately marked in the attach-
- nent to Westinghouse letter nu::ber NS-CE-1298, Eicneldinger to Stali, dated Cacemcar 1,1976, c:ncarning informaticn relating
, to MRC review of WCM-8567-7 and WCM-6553 entitled, "Imcreved Ther.nal Design P.recedure," defining the sensitivity of CNB ratic to various care parametert.
Tne letter and attacament a
are heing submitted in response to the NRC request at the Octcher 23, 1976 NRC/Westinghcuse meeting.
This infomation enables Westinghause to:
(a) Justify the Westinghcuse design.
l (b) ' Assist, its cust:mers to cbtain licansas.
(c) Meet warranties.
(d)
Provide greater ocerational flexib'ility to cust:::::ers assuring thenr of safe and reliable operation.
(e)
Justify ine-eased power capability or cperating margin for plants while assuring safe and reliable operation.
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(f.)
Optimice reac cr :ssign and pe. emanca wnile mainuining d
a high level cf fuel incagrity.
Furder, the infomation gained frcm the imoreved dernal design precedure is of significant cen=arcial value as follows:
J (a)
Westinghouse uses. the infomation to ;er#crm and justify analyses which are so.ld tc customers.
(b)
Westinghouse selks analysis servicss based upon the cxperiencs gained and the methods developed.
Public disclosure of this information concerning design pro-cedures is likely tn cause subsuntial har.n to the ccmpetitive position of Westinghouse because ecmcetitcrs cculd utiiice' this-infomation to assess and justiff their own designs-without ccamensurate expense.
The parsmatric analyses ;;er'ormed and their evaluation represent a censiderable amount of highly qualified development effort.
This work was contingent upon a design =ethod development pro-gram which has been underaay during the past era years.
has been Altogether, a substantial amount of money and effor expended by Westinghouse which could only be duplicated by a ccmcetiter if he wers ts invest similar sums of money and prc-vided he had the appropriate talent available.
Furcer the deponent sayeth not.
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