ML20095L397
| ML20095L397 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 10/22/1991 |
| From: | Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19303E730 | List: |
| References | |
| CAW-91-216, NUDOCS 9205070070 | |
| Download: ML20095L397 (9) | |
Text
,
- Energy Systems'
[#gg,,,ju og Electric Corporation October 21, 1991 CAW-91-216
-Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention:
Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORt:ATION FROM PUBLIC DISCLOSURE
Subject:
Transmittal for WCAP-13056, " Margin to Overfill Analysis for a Steam Generator Tube Rupture for Millstone 3 - Three Loop Operation"
Dear Dr. Murley:
The proprietary information for which withholding is being requested in the enclosed letter by Northeast Utilities Service Company is further identified in
. Affidavit CAW-91-216. 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 addresset with specificity the considerations listed ~in paragraph (b)(4) of-10CFR Section 2.790 of the Commission's regulations.
-Accordingly, this-letter authorizes the utilization of the accompanying Affidavit by Northeast? Utilities Service Company.
Correspondence with respect--to the proprietary aspects of the application for withholding or the-Westinghouse affidavit should reference this letter,
. CAW-91-216, and should be addressed to the undersigned.
Very ruly yours, y
g
[j 4
nald P. DiPiazza, Manqqa Enclosures Nuclear Safety' Licensing cc:
M. P. Sienien, Esq.
Office of the General Coun'sel, NRC
- V.~ Wil. son, Nuclear Reactor Regulation 9205070070 920428 PDR ADOCK 05000423 P
- C0018:UtN102291
~
s CAW-91-216 bFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss l
COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared j
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:
I Yd
/$
yf/ J '
Nonald P DiPiazza,Manag[rM E
Nuclear Safety Licensing Sworn to and subscribed before me this do# ay-d of Djahtb,1991.
c L
- MScUM, i.
V.
L-Notary.Public tc :A u t seat LCRRM45 M P.FUCA. PiOTARY FU3OO MC'4AOEW.L5 DORO tcEMEN /CCUNT(
MY cOWGs:Oti Expi?EE DEC 14, *M1 l.
Member, Pwsg.araa Aam'3m "J h;M'iss i
i -'.
' CAW-91-216
-(1).I am Manager, Nuclear 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 public disclosure in connection with nuclear power plant 'icensing and rulemaking proceedings, 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 Westinghouse application for withholding accompanying this Afficatit.
-(3) I have. personal knowledge of the criteria 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 withheld from public disclosure should be withheld.
(i) The information sought to be withheld from polic disclosure is owned and has been held in confidence by Westinghouse.
L o
.~
.. - ~ - -. - -. -
f i
e i
- CAW-91-216 (ii) The-information is of a type customarily held in confidence by l
-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 counection, utilizes a system to determine when and whether to hold certain types of information in confidence, lne 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 fal', in one or more of several types, the release of which might result in the loss of an ex 'ing or potential competitive advantage, as follows:
(a) The inforcation 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 anplication of which data secures a competitive economic advantage, e.g., by _optimizat'on or improved marketability.
i I
L e._y,r-y--
<n
,y w
~ - - -
+--w-m---.x
-v u
i l
' CAW-91-216 (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 capacities, budget levels, or. commercial strategies of Westinghouse, its customers or suppliers.
i (e)
It reveals aspects of past, present, or future Westinghouse or
-customer funded development plans and programs of potential commert a' value to Westinghouse.
i (f)
It contains patentable ideas, for which patent protection may be desirable.
j,
-(g)
It is not the property of Wastinghouse, but must be treated as proprietary by Westinghouse according to agreements with the i
owner.
l There are sound policy reasons behind the-_ Westinghouse system which include the following:
1 (a) The.use of suth information by Westinghouse gives Westinghcuse a b
competitive advantage over its competitors.
it is,'tbsrefore, i
withheld from disclosure to protect the Westinghouse competitive L
position.
L l
l
--~
1 o
-l
' ' CAW-91-216 (b)
It is information which is marketable in many ways.
The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.
(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 competitive 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 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 Westinghouse capacity to. invest corporate assets in research and development depends upon the success in obtaining and
_ maintaining a competitive advantage.
1
,c--
~6-CAW-91-216 (iii)
The information is being transmitted to the Commission in confidence and, under the provisions of 10tFR 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 previot -ly employed in the same original manner or method to the best of our knowledge anc belief.
(v)
The proprietary information sought to be withheld in this submittal is that which is appropriately marked in
" Margin to Overfill Analysis for a Steam Generator Tube Rupture for Millstone Nuclear Power Station Unit 3, Three Loop Operation", WCAP-13056 (Proprietary), October 1991, for Millstone Nuclear Power Station Unit 3, being transmitted by Ncrtheast Utilities Service Company (NUSCO) letter and Application for Withholding Proprietary Information from Public Disclosure, J. F.
Opeka, NUSCO, to the Document Control Desk, Attention Dr, Thomas Hurley. The proprietary information as submitted for use_ by Northeast Utilities Service Company for Millstone Nuclear Power
~
Station Unit 3 is expected to be applicable in other licensee submittals in response to certain_NRC requirements for
.justi'fcation of the design basis analysis for a steam generator l
tube rupture accident.
o i
l
9L
~
d CAW-91-216'
)
A This.information is part or that which will enable Westinghouse:
to:
(a)
Provide documentation of the methods, assumptions, and analysis for a design basis steam generator tube rupture
- accident, i
'(b) - Establish the margin to steam generator overfill for a design basis steam generator tube rupture, I-
- (c) Assist 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.
N A
3 v---f
.,m..,
.c.
o
.y y-,.--
i
"' CAW-91-216 t,)
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 I
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 experieace, would-have to be expended for developing analytical methods.
Further the deponent sayeth not, u
m
.