ML20091A895

Requests That Proprietary Rept WCAP-13181, RTD Bypass Elimination Licensing Rept for Seabrook Nuclear Station Be Withheld (Ref 10CFR2.790)

ML20091A895
Person / Time
Site:	Seabrook
Issue date:	01/17/1992
From:	Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20034D387	List: ML20091A880 ML20091A882 ML20091A889 ML20091A895 ML20091A900
References
CAW-92-255, NUDOCS 9203300254
Download: ML20091A895 (11)

Text

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W8511hgh0use Energy Systems ,rgi y ,, m ,, , ,,

EleClllCC0fp0fatl0n January 17,1992 CAW-92-255 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thornas hturley, Director APPLICATION FN WITilHOLDING PROPRIETARY INFORhiAIJON FROh! PUI)LIC D15CLOSURii

Subject:

" Transmittal for WCAP 1318., "RTD llypass Elimination Licensing Report for Seabrook Nuclear Station"

Dear Dr,

hturley:

The proprietary information for which withholding is being requested in the enclosed letter by Public Service Company of New Hampshire is further identified in Affidavit CAW 92 255 signed by the owner of de praprietary information, Westinghouse Electric Corporation. The af0 davit, which accompanies this lette., 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, Accordin21y, this letter authorizes the utilization of the accompanying Affidavit by Public Service Company of New llampshire.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-92 255, and should be addressed to the undersigned, Very truly yours,

' {}ll 'f

, P. DiPlazza, hianager

/' J Nuclear Safety Licensing

/cid Enclosures cc: hl. P, Siemien, Esq.

Office of the General Counsel, NRC au utamm 9203300254 920320 PDR ADOCK 05000443 P PDR _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

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O CAW 92-255 AFFIDAVIT COMMONWEAL 1H Of pef 1NSYLVANIA:

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COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared Ronald P. DiPlazza, 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:

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knaldP.DiPiazza,Manageh Nuclear Safety Licensing Sworn to and subscribed before me this /71 bay of Cntanaki , 1992.

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,u Notary Public Rtruised mee mensneAB%w Meatwr, Panyhw u Asscuanun cilwA41ps

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2- CAW 92-255 (1) 1 an Manager, Nuclear Safety Licensing, in the Nuclear and Advanced l 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, i 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- l Westirighouse application for withholding accompanying this Af fidavit. [

(3) I have personal knowledge of the criteria and procedures utilized by the '

Westinghouse Enert, Systems Business Unit in designating information as a trado secret, privileged or as confidential commercial or financial informati sn.

(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.

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J 3- CAW 92 255 (ii) The information is of a type customarily hold in confidence by Westinghouse and not customarily disclosed to the public.

Westinghouse has a rational basis for determining the-types of l information customarily held in confidence by it and, in that connection, utilizes a system to determino when and whether to hold certain types of information in confidence. The application of that j system and the substance of that system constitutos Westinghouso l 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:-

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(a) The information reveals the distinguishing aspects of a process '

(orcomponent, structure, tool, method,etc.)wherepreventionof- t its use by any of Westinghouse's competitors without license from Westinghouse constitutos 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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(c) Its use by a competitor _would reduce his expenditure ei resources or improve his competitive position in the design, me.ufacture, ~

shipment, installation, assurance of quality, or licensing a similar product.

(d) It reveals cost or price information, production capacities, h budget levels, or commercial strategies of Westinghouse, it> -~

) 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.

I (g) It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agreements with-the j owner.

There are sound policy reasons behind the Westinghouse system which include the following:

(a) The use of such information by Westirghouse gives Westinghouse a f competitive' advantage over its competitors, it is, therefore, withheld from oisclosure to protect the Westinghouse competitive position.

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e CAW-92 255 (b) It is information which is marketable in many ways. The extent to which such information is available to compctitors diminishes the Westinghouse ability to sell products and services involving the use of the information.

(c) Use by our competitor would put Westinghouse ut 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 at 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 Westinghousa capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive adventage.

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4 CAW-92-255 (iii) w rmation is being transmitted to the Commission in ci a and, under the provisions of 100FR Section 2.790, it received in confidence by the Commission.

(ivi ' rmation sought to be protected is not available in publi:-

..es or available information has.not been previously employed-in the same original manner or method to the best of our knowledge and belief, t

(v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in "RTD Bypass Elimination Licensing Report fer Seabrook Nuclear Station",

WCAP-13181, (Proprietary), January 1992, for Seabrook Nuclear Station, being transmitted by the Public Service Company of New Hampshire (PSNil) letter and Application for Withholding Proprietary Information from Public Disclosure, Mr. Ted C. Feigenbaum, PSNH, to Document Control Desk, to the Attention Dr. Thomas Murley. The proprietary infoimation as submitted for use by Public Service Company of New Hampshire for the Seabrook Nuclear Station is expected to be applicable in ,

other licensee submittals in response to certain NRC. requirements for justification of actions to remove the existing Resistance Temperature Detector (RTD) Bypass system and replace with fast response thermowell mounted RTD's in the reactor coolant 1 ap piping.

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CAW-92-255 This information is part of that which will en.1ble Westinghouse to:

(a) Provide documentation of the analyses, methods, and testing for reaching a conclusion relative-to the removal of >

existing Resistance-Temperature Dete tor (RTD) Bypass system and the replacement of fast response thermowell mounted RTD's.

(b) Support the continued validity of loss-of-Coolant Accident (LOCA) and non-LOCA safety analysis initial conditlen assumptions.

(c) Establish the effects of the fast response thermowell RTO system on instrumentation and Reactor Coolant uncertainties.

(d) Assist the customer to obtain NRC approval for operation with RTD Bypass Elimination.

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 satisfying NRC reouirements-for licensing documentation. '

CAW 92-255 (b) Westinghouse can sell support and defense of the RTD Bypass Elimination 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 analytical 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.

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 j testing and analytical methods- and performing tests.

Further the deponent sayeth not, i

Proprietary Information Notice Transmitted herewith are proprictary and/or non-proprietary versions of documents furnished to the NRC in connection with requests for generic and/or plant-specific review and approval.

a in order to conform to the requirements of 10 CFR 2.790 of the Commission's regulations concerning the protection of proprietary information so submitted to the NRC, the information which is proprietary in the proprietary versions is contained within brackets, and where the proprietary information has been delcted in the non proprietary versions, only the brackets remain (the information that was contained within the '

brackets in the proprietary versions having been deleted). The justification for claiming the information so designated as proprietary is indicated in both versions by mears 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 infortuation. These lower case letters refer to the types of information Westinghouse customarily holds in confidence identined in Sections (4)(ii)(a) through (4)(ii)(g) of the afRdavit accompanying this transmittal pursuant to 10 CFR 2.790(b)(1),

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CD64 ULILVI1793 -

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E Copyright Notice The reports transmitted herewith each bear a Westinghouse copyright notice. The NRC 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-specine 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 restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection not withstanding. With respect to the non proprietary versions of these reports, the NRC is permitted to make the number of copies beyond these necessary for its internal use which are necessary in order to have one copy available for public viewing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as may be required by NRC reguletions 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 NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.

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