ML20107F268

Forwards Proprietary & Nonproprietary Software Design Rept for Class a Model & Meteorological,Radiological Effluent & Dose Repts for Point Beach Nuclear Plant, Per . Proprietary Version Withheld (Ref 10CFR2.790)

ML20107F268
Person / Time
Site:	Point Beach
Issue date:	11/01/1984
From:	Fay C WISCONSIN ELECTRIC POWER CO.
To:	Harold Denton, John Miller Office of Nuclear Reactor Regulation
Shared Package
ML19269A730	List: ML20107F268 ML20107F270
References
TASK-3.A.2.2, TASK-TM TAC-46331, TAC-46332, NUDOCS 8411050392
Download: ML20107F268 (7)

Text

I

-ATTACHMENTS TO BE WITHHELD FROM PUBLIC DISCLOSURE CONTAINS 10 CFR 2.790 MATERIAL

.o I'

wisconsin Electnc eom cowa 231 W. MICHIGAH P.O. DOX 2046 MILWAUKEE, WI 53201 November 1, 1984 Mr. H. R. Denton, Director Office of Nuclear Reactor Regulation U. S. NUCLEAR REGULATORY COMMISSION Washington, D. C. 20555 Attention: Mr. J. R. Miller, Chief Operating Reactors, Branch 3 Gentlemen:

DOCKET NOS. 50-266 AND 50-301 METEOROLOGICAL MONITORING SYSTEM CLASS A MODEL DESCRIPTION POINT BEACH NUCLEAR PLANT, UNITS 1 AND 2 Please find attached a copy of the " Software Design Report for the Class A Model, and the Meteorological, Radiological Effluent, and Dose Reports for Point Beach Nuclear Plant" . This provides a description of the Class A model developed for us by Energy Impact Associates, Inc. (EIA) which will be used with the new meteorological monitoring system described in our October 1, 1984 letter.

The Sof tware Design Report contains information which is proprietary to EIA. In conformance with the requirements of 10 CFR 2.790, we hereby apply for withholding of this information

-from public disclosure. In support of'this application, please find attached the affidavit of Dr. James H. Wright, president of EIA. Included as Enclosure 1 and Attachment A to the affidavit are the procedures and criteria and standards utilized by EIA in determining whether information is proprietary. Both a proprietary version and a non-proprietary version of the report are included with this letter.

Should you have any questions concerning this information, please contact us.

Y "'

8411050392 841101 -

PDR ADOCK 05000266 P PDR Vice Presid ntpNuclear Power Attachments Copy to NRC Resident Inspector (wo/a) 0\ nae 4 es a.

4%< . .

^s AFFIDAVIT 0F DR. JAMES ~H. WRIGHT

~ 'IN SUPPORT 0F APPLICATION TO WITHHOLD PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE COMONWEALTH OF PENNSYLVANIA :

'SS:

. COUNTY OF ALLEGHENY. -  :

Before me, a' Notary PublicLin and for the said Commonwealth, appeared Dr. ~ James H. Wright, _to me known, who, being by me first duly sworn according

- to law, deposed as'follows:

1. .I_am the president of Energy' Impact-Associates, Inc. ("EIA"),

- an environmental'. engineering firm doing business at 2400 Ardmore Boulevard,

- Pittsburgh,: Pennsylvania .15221. I-am authorized to apply on behalf of EIA

- to the U. S._ Nuclear' Regulatory Commission pursuant to 10 C.F.R. f 2.790 for-Lthe withholding from public disclosure of the documents and information

' discussed in this Affidavit.

2. 'This Affidavit is made in support of th'e application of EIA

' to have certain documents and information withheld from public disclosure and treated and protected by thE U.'S. Nuclear Regulatory Commission as trade

! secrets or confidential and priviledged commercial information.

.3. The specific.information which EIA wishes withheld from public I disclosure is contained in the following document:

" Software Design Report for the Class A Model, and the Meteorological, Radiological Effluent and Dose Reports for Point Beach Nuclear Plant." .

The EIA proprietary information in this document has been identified by g i use'of brackets. This document describes in detail EIA's methodology for

- modeling atmospheric dispersion and radiological dose assessment for nuclear .

power. plant emissions. This methodology has great;value and potent.al: i '

for h -use in the nuclear power industry in particular and in the power industry in l

l

['

ll t

. general. 'EIA~has expended much timeLand money in the development of this proprietary methodology. Approximately 21,500 man-hours of engineering effort has been applied to this work.' The ccst of the development expense to date is approximately $1.3 million. This methodology and related informa-tion is of a type customarily held in confidnece by EIA and not customarily

-disclosed to the public. EIA has a rational basis, described in this Affidavit, for treating the methodology and related information as confidential. The methodology.and related information have been treated and protected by EIA as confidential proprietary matter. All portions of the above-referenced report which' constitutes confidential proprietary matter have been clearly

marked as such. EIA clients who have been provided with this information have contracted with EIA to protect this information as secret and confidential

~

and signed confidentiality agreements have been obtained from such clients.

This material is not available in any public source to the best of my knowledge and belief.

4. The proprietary material being submitted to the U. S. Nuclear Regulatory Commission is the product of the scientific and engineering expertise and judgment of EIA and its staff and is a valuable comr:ercial asset of EIA.

As noted above, EIA has invested over 21,500 man-hours of engineering effort and has spent approximately $1.3 million in developing this proprietary methodology. This is a very significant investment for a small firm of the size of EIA. Possession of this proprietary information gives EIA a commer-

~

cial. advantage.in marketing its environmental engineering services. Public disclosure of this'information would substantially harm EIA's competitive position'since EIA's unique background of theoretical and practical experience in this area made development of the methodology possible at great expense to the company. If this proprietary information were publicly disclosed, it would_significantly enhance the ability of EIA's competitors to develop and

. sell.a similar methodology without incurring commensurate development expenses.

-The EIA proprietary information is so detailed that if it were to be publicly disclosed,.EIA competitors could copy EIA's very sophisticated modeling tech-nique at virtually no cost and place EIA at a great competitive disadvantage

in the marketplace.

2

=

L  %...

1,

5. The information' identified in Paragraph 3 which EIA wants with-held fros'public disclosure was determined to be proprietary in accordance with the procedure described _in Enclosure 1 entitled " Procedure of Energy Impact Associates, Inc. For Determining Whether Information Is Proprietary." The criteria and standards utilized by EIA in making that determination are set forth in Attachment A to that Enclosure.

Further, the dep onent sayeth not.

(4ames H. Wright

~ Sworn to and subscribed before me this ib day

'of' hel0 b V , 1984.

_ , hcwn Ldcdvs

' ~

Notary Public.

7

'DEANA K. WATERS. NOTARY PUBUC

. F0KEST }!!LLS SCR0, ALLEGHENY COUKTY IIY CCillii!$lCf! EXPIRE 5 NOV. 25.1987

' rember, Pear:ylvs:ds Association of Netsdes 3

t Enclosure 1 PROCEDURE OF ENERGY IMPACT ASSOCIATES, INC.

.FOR DETERMINING WHETHER INFORMATION IS PROPRIETARY

- -In determining whether documents are to be classi-fled as1 proprietary, the following procedure is used by Energy

. Impact Associates, Inc. ("EIA"): an initial determination as to whethhr a document contains information which should be classi-

~

fled as proprietary is made by the aut, hor of such document. .The

, author-generally is the person _most knowledgeable with respect .

- to the contents of such document, the nature of the sensitivity

~offinformation. contained in the document, the state of-the art.

- and; knowledge in the industry with respect to the subject matter of.'the document, and the'usefulness of the'information contained 9

'in'the document with respect to assisting competitors of EIA or i

giving EIA a competitive advantage relating to such subject mat-ter.

- If.a preliminary determination is made that a document L - contains proprietary. material, the specific words, numbers, graphs L . or other items in-the document which are proprietary.are identi-

{

.fied. Criteria and ' standards' utilized' by EIA in determining whe-L ther information is proprietary are those discussed in Attachment A. .The initial determination with respect to proprietary contents is reviewed by the supervisor of the originator of the document. "

L Finally, that. determination is reviewed by Dr. James H. Wright,,

PresidentLof EIA. If, upon completion of such review, material L .

- contained in the document is determined to be proprietary, such material-is classified as proprietary. At any stage of the re-view, communication may take place with legal or patent counsel.

9 Y

L .

' ..L

-g

. .e . .

~

Attachment A' Criteria and Standards Utilized by Energy Impact Associates, Inc., in Determining Whether Information is Proprietary i-lIn determining whether information contained in a-f- 1 document or report is proprietary, the following criteria and standards-are utilized'by Energy Impact Associates, Inc..("EIA").,

Information is' proprietary if any one oIf the'following criteria are met:

' (a).. It reveals the distinguishing aspects of a 1

, process _(or component, method, model, etc.)Jwhere pre-

.vention of'its use by any of EIA's competitors without

~

' license from EIA constitu'tes a competitive economic advantage over other companies.

(b) It. consists of supporting data, includi'ng test data, relative to a process (or. component, method, model, etc.), the application of which. data secures a y

competitive economic advantage, e.g., lar optimization or improved marketability.

i . .(c) Its use by-a competitor would reduce his ex-

.penditure of resources or improve his competitive posi-i-

n tion in'the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

(d) It reveals cost or price information or com-

.mercial strategies of SIA, its customers or suppliers.

L l

L L

O

^ w e * ^f

gc ,- ,

.a (e) -It reveals aspects of past, present or future

- EIA development plans'and programs of pote'ntial commer'

~

cial~value to EIA.

(f) It~contains patentable ideas, f6r which patent 4

pro'tection may be desirable.

(g) It is not the property.of EIA,' but must be

- treated as proprietary by EIA ac' cording to agreements -

with the. owner.

J O

e ee O

k u

O 2-

'*-5 , 1

• % e' t es ,

,