ML20095B961

Requests Withholding Proprietary Response to NRC Questions on Improved Thermal Design Procedures & Rod Bow,Per 10CFR2.790.Affidavit AW-76-60 Encl

ML20095B961
Person / Time
Site:	Byron, Braidwood, 05000000
Issue date:	12/27/1983
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Adensam E, Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19269A392	List: ML20095B917 ML20095B961
References
CAW-83-113, NUDOCS 8408220321
Download: ML20095B961 (8)

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Westinghouse Water Reactor - 85355 PittsburghPemsylvania15230

. Electric Corporation Divisions 4

December 27, 1983 CAW-83-113 Y

Mr. Harold R. Denton, Director.

Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Phillips Building 7920 Norfolk Avenue Bethesda, Maryland 20014 Attention: Ms. E. G. Adensam, Chief Licensing Branch No. 4

SUBJECT:

Westinghouse Response to NRC Questions on Improved Thermal Design Procedures and Rod Bow for Byron /Braidwood REF: Commonwealth Edison Company letter, Tramm to Denton, December 1983

Dear Mr. Denton:

The proprietary material for which withholding is being requested by Commonwealth Edison Company is proprietary to Westinghouse and withholding is requested pursuant to the provisions of paragraph (b)(1) of Section 2.790 of

, the Commission's regulations. Withholding from public disclosure is requested with respect to the subject information which is further identified'in the af."idavit accompanying this application.

The croprietary material transmitted by the referenced letter supplements the

pro;rietary material previously submitted. 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.

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I Accordingly, withholding the subject information from public disclosure is >

requested in accordance with the previously submitted affidavit, AV-76-60, a coy of which is attached.

5 Accordingly, this letter authorizes the use of the proprietary information and affidavit AW-76-60 by the Commonwealth Edison Company for Byron /Braidwood. ,

Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW-83-113 and be addressed to the undersigned.

Ver truly your ,

, 8408220321 840813

PDR ADOCK 05000454 PDR

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/ keg Robert A. Wieseman , ana er

- Enclosure Regulatory & Legislative Affairs cc

E. C. Shomaker, Esq. '

i Office of the Executive Legal Director, NRC

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AW-76-60 AFFIDAVIT-COMMONWEALTH OF PEHNSYLVANIA:

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. COUNTY OF ALLEGHEHY:

Before me, the undersign[ed authority, personally appeared Robert A. Wiesemann, who, being by me duly sworn according to law, de-poses and says that he is authorized to execute this Affidavit on, behalf of W'estinghouse Electric Corporation (" Westinghouse") and that the aver-ments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

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- Robert A. Wiesemann, Manager Licensing Programs Sworn to and subscribed '

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before,me this 8 day of If(4/rd2L) 1976.

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/ Notary Public.,

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AW'-76-50 (1) I am Manager, Licensing Programs, in the Pressurized Water Reactor '

Systems Division, of Westinghouse Electric Corporation and as such,

.I have been specifically delegated the function of reviewing the proprietary information sought to be withheld frcm public dis-closure in connection with nuclear power plant licensing or rule-making proceedings, and am, authorized to apply for its withholding bn' behalf of the Westinghouse Water Reactor Divisions.

(2) , I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.790 of the Commission's regulations and in con-junction with the Westinghouse application for withholding ac-

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companying this Affidavit.

! (3) I have personal knowledge pf the criteria and procedures utilized by Westinghouse Nuclear Energy Systems in designating informatioh as a trade secret, privile'ged or as' confidential. commercial or financial information. ,

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

of the Commission's regulations, the following is furnished for l 4 consideration by the Commission in determining whether the in-formation sought to be withheld from public disclosure should be

. withheld.' , ,

(i) The information sought to be withheld'from public disclosure is owned and has been tield in confidence by Westinghouse. -

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AW-7G-60 (ii) The information is of a type customarily held in confidence by -

Westinghouse a,nd no't 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 ap-plication 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 ldss of an existing or potential com-

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! petitive 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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1 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, installation, assurance of quality, or licensing a similar product.

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

(e) It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grams of potential commercial value to Westinghouse.

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/ (f) It contains patentable ideas, for which patent pro-taction may be desirable.

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

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

(a) The use of.such information by Westinghouse gives Westinghouse a competitive advantage over its com-petitors. It is.* therefore, withheld from disclosure to protect the Westinghouse competitive position.

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AW-76-60 ,

(b) It is information which is marketable in many ways. e The extent to 'which such information is available to

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competitors diminishes the Westinghouse ability to sell product's and services involving the use of the information. .

[' 1" (c) Use 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 ccmpetitive advantage is potentially as valuable as the total competitive advantage. If

/ competitors acquire components of proprietary infor-mation,~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 in those countries. .

(f) The Westinghouse' capacity to invest corporate assets in research and development depends upon the success

-. in obtaining and maintaining a competitive advantage.

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.(iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.790,

, it is to be receiv;ed in' confidence by the Commission.

(iv) The information is not available in public sources to the best of our knowledge and belief.

' (v). The proprietary information sought to be withheld in this sub-I mittal is that which is appropriately marked in the attach-ment to Westinghouse letter number NS-CE-1298, Eicheldinger to

'Stolz, dated December 1,1976, concerning information relating to NRC review of WCAp-0567-P and WCAP-8568 entitled, " Improved Thermal Design Procedure," defining the sensitivity of DNB

/ ratio to various core parameters. The letter and attachment are being submitted in response to the NRC request at- the October 29. 1976 NRC/ Westinghouse meeting. -

This information enables Westinghouse to: ,

~ (a) Justify the Westinghouse design.

(b) Assist its customers to obtain . licenses.

(c) Meet warranties. ,

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

(e) Justify increased power capability or operating margin for plants while assuring safe and reliable operation. .

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AW-76-60 (f) Optim'ize reactor design and performance while maintaining <

a high level of fuel integrity.

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

(a) Westinghouse uses the information to perform and justify

-analyses which are sold to customers.

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. (b) Westinghouse sells analysis services based upon the ,

experience gained and the methods developed.

Public disclosure of this information concerning design pro-

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/ cedures is likely to cause substantial harm to the competitive position of Westinghouse because competitors could utilize this information to assess and justify their own designs without commensurate expense.

The parametric analyses performed and their evaluation represent a considerable amount of highly qualified development effort.

This work was contingent upon a design method development pro- ,

gram which has been underway 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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