ML20094D162

Requests Withholding of Proprietary Westinghouse Setpoint Methodology for Protection Sys,Catawba Station (Ref 10CFR2.790)

ML20094D162
Person / Time
Site:	Catawba
Issue date:	07/20/1984
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19273A428	List: ML20094D156 ML20094D162 ML20094D170
References
CAW-84-69, NUDOCS 8408080280
Download: ML20094D162 (8)

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Nuclear Technology Divislan Electric Corporation Divisions Boxass Pinsburgh Pennsylvania 15230 July 20,1984 CAW-84-69 Mr. Harold Denton Director of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Phillips Building 7920 Norfolk Avenue Bethesda, Maryland 20014 APELICATION FOR WITHHOLDING PROPRTETARY INFORMATION FROM PUBLIC DISCLOSURE

REFERENCE:

Letter from Duke Power to NRC dated July 1984

Dear Mr. Denton:

The proprietary material transmitted by the reference letter for which withholding is being requested by Duke Power is of the same technical type as that proprietary material previously sutrnitted by Westinghouse concerning Reactor Protection System / Engineered Safety Features Actuation System Setpoint Methodology.

'Ihe previous application for withholding, 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, this letter authorizes the utilization by Duke Power of the previously furnished affidavit.

A copy of the ' affidavit, AW-76-60, dated December 1, 1976, is attached.

' Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference CAW-84-69 and should be addressed to the todersigned.

Ver truly yours, JfAulA04fA Robert A. Wiesemann, Manager Regulatory & Legislative Affairs i

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8408080280 840730 PDR ADOCK 05000413 E

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Attachment cc:

E. C. Shomaker, Esq.

l Office of the Executive Legal Director

AW-76-60 AFFTDAVIT CamdtidEALTH OF PENNSYL'/ANIAk

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- C00NTY OF ALLEGIERY:

Before me, the undersigned authority,. personally appeared Robert A. Wiesamann, who,. being by ma duly sworrr according to law, de-poses and says that he is. authorized to. execute-this Affidavit on behalf of WInstinghousa Electric Corporation (",destinghouse") and that the aver-ments of fact set forth. fit this Affidavit are true and correct to the best of his: knowledge,. infonnation, and belief:'

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Itobert A. 'dtesemann, Manager l

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Sworrr ta and. subscribed.1 before,.ma this day' af $ 4,1xb1Lb T976.

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AW-76-60

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(1)

I am Manager, Licensing Programs, in the Pressurize'd Water Reactor Systess. Divis. ion, of Westinghouse Electric Corporation and as such,

.I have been-specificaT,Ty-delegated' the function of reviewing the proprietary information. sought ta be withheid frca public dis-closure fa connection' witts nuclear power pTant licensing or rule :

making' proceedings, and; as authortzed to apply-for its withholding

' ort behalf af'the Westinghouse Water Reactor,0ivisions.

(2)

E an. making this Affidaytt in. conf'ormance witfr the-provisions of 10' CFit Section 2.790 of the Commission's regulations and in con-hunctfon with the Westinghous'e application for withholding ac-companying this. Affidavit..

(3)

I have personal knowledge of the criteria and procedures utilized.

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by Westinghouse Nuclear Energy Systhms in designating information

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financial infonnation.

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(4)

Pursuant to the provisions of paragraph (b)(4) of Section 2.790

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of th Cocarission's.. regulations,. therfo1 Towing is furnished for consideration by the Commission in determining whether the in-i formatfos sought to be withheld from public disclosure should be withheld $.

l (f)

The infonnation sought to be. withheld'from public disclosure is owned and has been held in confiderice by Westinghouse.

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. AW-76-60 (ii)

The information i,s of a hpe customariTy. held in confidence by idestinghouse and no't customariTy disclosed to the public.

Westinghouse han rationai basis. for determining the types of infoinsatione customarfly heId. In confidence by it and, in. that

. connectionJutilfzes a systes tri determine when and whether to hold certain. types of information in confidence.

The ap-pifcatforr of that systen and' the substance of that system-constitutes Westinghouse policy and provides'the rational basis required _

.F1-Under that system.. information is. heTd in confidence if it falls in one or more of several types', the release of which

. sight resul-t irr the. loss of an existing or potential com-f petitive: advantage,. as.: follows:-

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%n (a} ! The information Weais th istinguishing aspects of a.

~w process (or component, stru re, tool, method,etc.)

.where prevention. of its. use by any of Westinghouse's,

competitors without license from Westinghouse constitutes

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? a competitive economi'c advantage over other companies.

(bl. It consistr 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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• ' AW-76-60 (c). Its use by a competitor would reduce his expenditure of resources or improve his. competitive position in the design, manufacture, shipment, instaliat' ion, assurance-

-of iuality, or Ticansing a similar product..

i (d). It reveals ecst or price information, production cap-acities,. tiudget levels, or commercial strategies of Westinghouse,. its. customers or suppliers.

(el It reveals aspects of past, present, or-future West.

fnghouse or customer funded development plans and pro-grams of potential connercial value to Westinghouse.

(t)..Ik contains patentable ideas, for which patent pro-taction may. be desirable.'

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(g)

It ij. not the pro $erty of We inghouse, but must bc treated as proprfatary. by Westinghouse according to f

agreements with the owner.

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There are sound policy reasons. behind the Westinghouse system whicht incTude the following:

(a)

The use of such information.by Westinghouse gives Westinghousa a competitive advantage over its ccm-

-- petitorn It is,? therefore, withheld from disclosure ta protect the Westinghouse competitive position.

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AW-76-60

-E-(b)

It is infonnation which is marketable in many ways.

.The extent to 'which such information is available to competitors, diminishes the Westinghouse ability ta seI,1 products and services involving. the use of the fnfonsation..

(c); use by our competitoi-would put Westinghouse at a competitive disadvantage-by reduciIfg his expenditure-of. resources at our expense..

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(d)

Eactr component of proprietary infonnation pertinent to a particular competitive advantage is potentially as valuable as tha total competitive advantage.

If competitors acquire components of proprietar/ infor-setton any one cogonent may be the key to the entire 6

-puzzle :ttereby ifSpriving Westinghouse-of a competitive

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advantage.

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(e)

Unrestricted disclosure would jeopardize the pas.ition

' of prominence of Westinghouse in the world market,

.. and therubir give a. market advantage to the competition l

fm those countries-i (f)

The Westinghouse capacity to invest corporate assets is research and development depends upon the success im obtaining and. maintaining a competitive advantage.

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• .1 6-AM-76-66 (iii)

The informa. tion is being transmitted to the Connission in confidence ands under the provisions of 10 CFR Section 2.790, it is to be mcefved in confidence by the Consission.

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(iv)

The informatfort is. not available fn: pubIfc sources to the best of' our knowtedge and-belief

" (v7 The proprietary information sought. to be withheld in this sub-sittal is.that which is appropriately macked.in the attach-

. ment to Westinghouse letter number NS-CE-1298, Eicheldinger to Stolk,e dated December T.1976, concerning information relating-to-NRC review bf WCAP-8567-P and WCAP-8568 entitled, " Improved h

Themal Design.Procadere," defining the sensitivity of DNS ratio to'varfokccre parameters.

The.latter and attachment

' are being submitted igresponde to the NRC request at the October.29' 1976 NRC/Wistinghouge meeting.

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This information enabies. Westinghouse to:

e" j(a) " Justify the. Westinghouse design.

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l (b)' Assist i.ts customers. to obtain Ticenses.

(c)~ Meet warranties.

(d) Provide greater operational flexibility to customers assuring-thes.r of safe and. reliable operation.

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(e)

Justify increased power capability or operating margin-j for plants white assuring safe and reliable operation.

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(f)

Optimize reactor design and perfomance while maintaining a high level of fuel integrity..

Further, the information gained frem the improved thermal design procedure is of significant commercial value as follows:

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(a) Westinghouse uses the information to perform and, justify analyses which are. sold to customers.. -

(b)

Westinghouse. sells analysis services based upon the experience gained and the methods developed.

Pubife disclosure of this information concerning design pro-cedures: is likely. to cause substantial hann to the competitive posttfom of Westinghouse because. competitors could utilize

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this informatierr to. assess and ustify their own designs without comensurate.Lehpanse.

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The parametric analyses performed and their evaluation represent fa cdnsiderable. amount of highly qualified development effort.

This work, was contingent upon a. design method development pro-grasr which has beert undenvay during the past two years.

Altogether,. a' substantial amount of money and effort has been expended by Westinghouse which could only be duplicated by a competitor if he were to invest similar sums of money and pro-vided he had the appropriate talent available.

Further the deponent sayeth not.

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