ML20090M823
| ML20090M823 | |
| Person / Time | |
|---|---|
| Site: | Byron, Braidwood  |
| Issue date: | 03/10/1992 |
| From: | Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML20034D376 | List: |
| References | |
| CAW-92-277, NUDOCS 9203250323 | |
| Download: ML20090M823 (12) | |
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Westinghouse Energy Systems g", n,,g y m Electric Corporation March 10, 1992 CAW 92-277 Document Control ' esk J
US Nuclear Regulatory Commission Washington, DC 20555 Attention:
Dr. Thomas Hurley, Director APPLICATION FOR WITHHOLDING PROPRIETARY lEMMATION FROM fMLif.JJ1[10JJM
Subject:
Evaluation of Thermal Stratification for the Byron and Braidwood Units 1 and 2 Residual Heat Removal Lines
Dear Dr Hurley:
The proprietary information for which withholding is being requested in the above-referenced letter is further identified in Affidavit CAW-92-277 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 Commonwealth Edison Company, s
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-92-277, and should be addressed to the undersigned.
Very truly your.
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Nicholas J. Liparulo, Manager Nuclear Safety and Regulatory Activities Enclosures
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cc:
M. P Siemien, Esq.
Office of the General Counsel, NRC 9P03250323 920316 PDR ADOCK 05000454 g
PDR C160:BER/022792
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' Proprietary Information Notice I
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- Transmitted herewith are proprietary and/or non proprietary versions of documents furnished-to the NRC 'in connection with requests for generic and/or plant-specific review and approval.
l In order to conform to the requirements of 10 CFR 2.790 of the Co,nmission's regulations concerning the protection of proprietary information so submitted to the NRC, the information which is proprietary in the proprietary versions is l
contained within brackets and where the proprietary information hae, been
~ deleted in the non-proprietary versions, only the brackets remain (the information that was contained within the brackets in the croprietary version; having been deleted).
The justification for claiming the information so designated as proprietary is indictted in both versions by.means of lower case letters (a) through (g) contained within parentheses located as a superscript immediately following the brackets enclosing each item of information being
- identified as-proprietary or in the margin opposite such information.
l'hese lower case letters refer to the types of information Westinghouse customarily holds in confidence-identified in Sections (4)(ii)(a) through (4)(ii)(g) of the affidavit accompanying this transmittal pursuant to 10 CFR 2.790(b)(1).
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b C160:RER/022792
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Copyright flotice The i,erts transmitted herewith each bear a Westinghouse copyright notice.
The iP. is permitted to make the number of copies of the information contained in these reports which are necessary for its internal use in connection with generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 2.790 regarding restricttons on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection notwithstanding. With respect to the non-proprietary versions of these reports, the llRC is permitted to make the number of copies beyond those necessary for its internal use which are necessary in order to have one copy available for public vicwing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as may be required by llRC regulations if the number of copies submitted is insufficient for this purpose.
The NRC is not authorized to make copies for the personal use of members of the public who make use of the NRC public document rooms.
Copies made by the 11RC must include +he copyright notice in all instances and the proprietary notice if the original was identii as proprietary.
C40 BER/022792
CAW.92-277 MLIDMll COMMONWEAL 1H Of PLNNSYLVANIA:
st COUNTY Of ALLEGiiENY:
Before me, the undersigned authority, personally appeared Stephen R. Tritch, who. being by me duly sworn according to law, eloperes and says that he is authorited to execute this Affidavit on behalf of Westinghouse Electric Corporation (" Westinghouse") and that the averments of fact set forth in this Affid,1vit are true atd correct to the best of his knowledge information, and belief:
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' iqs Stepherl R. Tritch, Manager Engineering Technology Sworn to and subscribed before fne this [3[ bay of 98Aic[L,1992.
p.lhMue].l{d uL Notary Public Lomete LA FWT,luwyf\\tk k
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. CAW 92-277 (1) I am Manager, Engineering Technology, in the Nuclear and Advanced Technology Division, of the Westinghouse Electric Corporation and as such, I am authorized to perform, on behalf of Nicholas J. Liparulo, the function of reviewing the proprietary information sought to be withhold 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 makir!g this-Affidavit in conformance with the provisions of 10CfR Section 2,790 of the Commission's regulations and in conjunction with tho i
si Westinghouse appilcation for withholding accompanying *Nis Affidavit.
(3) I have personal knowledge of the critoria 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 whether the information sought to be withhold 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.
. 0AW-92-277 (ii) 1he information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public Westinghouse has a rational ba,is for determining the types of information customarily held in confidence by it and, in that connection, utilites a system to determine when and whether to hold certain types of information in confidence, lhe application of
- t. hat system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.
Under that sys' n, information is held in confidence if it f alls in one or more of se.cral 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 cc:'.f.itutes 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.
4 4-CAW-97-277 (c)
Its use by a competitor would reduce his expenditure of resour ces 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.
(c)
It reveals aspects of past, present, or future Westieghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
(f)
It contains patentable ideas, for which patent protection may be desirabic.
(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 reann; behind the Westinghouse systen which include the following:
(a)
The use of such information by Westinghouse gives Westinghouse a cortpetitive advantage over its competitors.
It is, therefore, withheld from disclosure to protect the Westinghouse competitive
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I-(b)
It is information which is marketable in many ways.
The extent to Which such infortuation is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.
(c)--llse 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 compntitive 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 Westirghouse of a competitive advantage, (c) Unrestricted disclosu o 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 nestinghouse 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-92-277 (iii) lhe information is being transmitted to ti.e Commission in confidence and, under the provisions of 10CfR Section 2.90, it is to be received in confidence by the Commission.
(iv)
The information sought to be rrotected is not availabic 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 be withheld in this submittal is t1'11 which is appropriately marked in " Evaluation of 1hermal Stratification for the Byron and Braidwood Units 1 and 2 Resi6:al 4 eat Kemoval lines", WCAP-12387, (Proprietary) February, 1992 for Byron and Braidwood Units 1 and 2, being transmitted by Commonwealth Edison Company letter and Application for Withholding Proprietary Information from public Disclosure, to Document Control Desk, to Attention of Dr. Thomas Murley.
The proprietary information as submitted for use by Commonwealth Edison Company for Byron and Braidwood Units 1 and 2 is expected to be applicable in other licensee submittals in response to certain NRC requirements t
f or evaluat'.on of thermal stratilication occurring in RilR suction lines.
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d CAW-92 277 1his information is part of that which will enable Westinghouse to:
(a)
Provide documentation of the methods for structural evaluation of RHR lines.
(b)
Establish applicable analytical technologies.
(c)
Establish the transient and temperature profiles.
(d)
Establish the applicable codes and standards "hich are to be applied.
(d) Assist the 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 meeting NRC requirements for licensing documentation.
(b) Westinghouse can sell support and defense of the technology to its customers in the licensing process.
' CAW 92-277 Public disclosure of this proprietary information is likely to cause substanttal harm to the competitive position of Westinghouse beceuse it would enhance the ability of competitors to irovide similar structural and thermal stratification evaluation services and licensing defense services for commercial power reactors without conanensucate expenses.
Also, public disclosure of the information would enable others to use the
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information to meet NRC requirements for licensing documentation without purchasing the right to use the informatt'on.
The development of the technology described in part by the information is the result of applying the result's of man.y years of experience in an intensive Westinghouse effc-t and the
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exp9nditure of a considerable sum of money.
In order for competitors of Wesnghouse to duplicate this informat ion, similar technical grams would have to be performed. and.a significant manpower ef fort, having the requisite
. talent'and experience, would have to.be expended for developing.
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-testing and analytical methods and performing tests.
rurther the deponent sayeth not.
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ATTAC11 MENT 4 l
i 1 Copy of WCAP.12425 (Propriotary) 1 Copy of WCAP 13245 (Non Proprietary) and Westinghouse authonration letter, CAW 92 278, accornpanying affidavit, Proprietary Informatien Notice, and Copyright Notico.
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