ML20092H738

Requests Withholding of WCAP-13194-P, Westinghouse ECCS Evaluation Model for Analysis of CE-NSSS & Results of Large & Small Break LOCA Analyses for Fort Calhoun Unit 1

ML20092H738
Person / Time
Site:	Fort Calhoun
Issue date:	01/30/1992
From:	Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19344C364	List: ML20092H719 ML20092H738 ML20092H973
References
CAW-92-262, NUDOCS 9202210308
Download: ML20092H738 (9)

Text

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Westinghouse

- Electric Corporation Energy Systems $3yg,g3, Document Control Desk US Nuclear Regulatory Commission

-Washington, DC 20555 Attention:- Dr. -Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY

'INFORMATION FROM PUBLIC DISCLOSURE

Subject:

"NRC Presentation, Westinghouse ECCS Evaluation Model for Analysis of a CE-NSSS and Results of Large and Small Break Loss of Coolant Accident Analyses for Fort Calhoun Unit 1"

Dear Dr. Murley:

The proprietary information for which withhold.ing is being requested in

- the above-referenced letter by Omaha Public Power District is further identified in Affidavit CAW-92-262 signed by the owner of the pro)rietary information, Westinghouse- Electric Corporation. The affidavit, w11ch accompanies this letter, sets forth the basis on which the information may be withheld from public disclosure by the Commission and. addresses with

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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 letter, CAW-92-262, and should be addressed to the undersigned.

Very truly yours, D P a za a Nuclear Safety Licensing Enclosures cc: M. P. Siemien, Esq.

Office of the General Counsel, NRC V. Wilson, Nuclear Reactor Regulation _

h222030s9pO21O p ADOCK 050002g5 C068:ULB/012892

CAW-92-262-AFFIDAVil COMMONWEALTH OF PENNSYLVANIA:

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COUNTY OF ALLEGHENY:

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

1 1/4 4 RonaldP.DiPiazza,d[d[er Nuclear-Safety Licensing Sworn to and subscribed before me-this ?o

• day of A m m , 1992.

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.'(1) ILam Manager, fiuclear Safety-Licensing, 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 publ_ic disclosure in i 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,- .l (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 inforination as a trade secret, privileged or as confidential commercial _ or financial .

information.

(4) Pursuant lto 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 withheld from public disclosure should be withheld.

(1) The information sought to'be withheld from pubile disclosure is owned-

. and has been held in confidence by Westinghouse.

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• CAW-92-262 (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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CAW-92 262-(c) Its use by a competitor would reduce his expenditure of resources or_ improve his competitive position in_the design,-manufacture, shipment, installation,' assurance of quality, or licensing a similar product. '

1 (d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, ~its customers or suppliers, r 1

(e)' It reveals aspects.of past, present, or-_ future Westinghouse or customer funded development plans 'and programs of potential

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commercial value.to Westinghouse, (f) It contains: patentable ideas,-for which patent protection may be desirable, j (g) _It is.not the property of_ Westinghouse, but must be treated as L proprietary by Westinghouse according to agreements with the owner.

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

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_ (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 92-262

' {b)' It is information which is~ marketable in uany ways. The extent to which such information 1s available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information, 1

I (c) Use by our competitor would put Westinghouse at a competitive disadvantage by reoucing his expenditure of resources at our expense.

(d). Each component of. proprietary information pertinent to a particular competitive advantag~ is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, any one component may be the kej to the entire puzzle, thereby depriving Westinghouse of a -;

competitive advantage.

l' (e) Unrestricted disclosure would jeopardize the position of l prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of_those countries, t

(f) .The Westinghouse capacity to invest corporate assets in research l

L and development depends upon the success'in obtaining and

[ maintaining a competitive advantage.

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CAW-92-262 (iii) The information is being transmitted to the Commission in co.1fidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Commission.

(iv) The information sought 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 be withheld in this submittal is that which is appropriately marked in "NRC Presentation, Westinghouse ECCS Evaluation Model For Analysis of a CE-NSSS and Results of Large and Small Break Loss of Coolant Accident Analysis for Fort Calhoun Unit 1", WCAP-13194, (Proprietary), January 1992, for Fort Calhoun Station Unit 1, being transmitted by the Omaha Public Power District Company (OPPD) letter.and Application for Withholding Proprietary Information from Public Disclosure, Mr. W. G. Gates, OPPD, to Document Control Desk. The proprietary information as submitted for use by Omaha Public Power District for the Fort Calhoun Statior. Unit 1 is expected to be applicable in other licensee ,

submittals in response to certain NRC requirements for justification of Westinghouse evaluation models for Combustion Engineering NSSS.

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' CAW-92-262 This information is part of that which will enable Westinghouse to:

. (a) Justify the application of the Westinghouse evaluation model to CE NSSS.

(b) Provide analysis methodology to perform-large and small break LOCA analyses or CE-NSSS.

(c) Assist the customer in obtaining 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 satisfying NRC requirements for licensing documentation.

(b) Westincjhousecansellsupportanddefenseofthis methodology to its customers in the licensing process.

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f CAW 92-262 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 methodologies 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 requicements for licensing documentation without purchasing the right to use the information.

The development of the technoiogy 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 development of analytical methods and testing.

Further the deponent sayeth not.

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