ML20116A148

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Requests Proprietary Upper Plenum Injection LOCA Program Using SECY-83-472 Methodology Be Withheld (Ref 10CFR2.790)
ML20116A148
Person / Time
Site: Point Beach NextEra Energy icon.png
Issue date: 04/16/1985
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Harold Denton
Office of Nuclear Reactor Regulation
Shared Package
ML19269B430 List:
References
CAW-85-032, CAW-85-32, NUDOCS 8504240379
Download: ML20116A148 (9)
v • d • e


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I Westinghouse Water Reactor mxass Electric Corporation Divisions R"*8 R**""

April 16,1985 CAW-85-032 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Cmmission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE Subj ect: UPI LOCA Model

Reference:

WEP 60 Day Letter Sutmittal to NRC

Dear Mr. Denton:

The proprietary material for which withholding is being requested in the reference letter by Wisconsin Electric Power Co. is further identified in an affidavit 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 Cmmission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Commission's regulations.

The proprietary material for which withholding is being required is of the same technical type as that proprietary material previously sutnitted with Application for Withholding CAW-85-023.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Wisconsin Electric Power Co.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-85-032, and should be addressed to the tridersigned.

Very truly yours, 42g] h 6 v .

p Robert A. Wie nn, Manager Regulatory & Legislative Affairs

/ KEG Enclosure (s) cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC Glossary 065./C = Customer Sutnittal/W = Westinghouse Sutnittal

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f April 16,1985 CAW-85-032 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DIS 10SURE

Subject:

UPI LOCA Model

Reference:

WEP 60 Day Letter Sutmittal to NRC

Dear Mr. Denton:

The proprietary material for which withholding is being requested in the reference letter by Wisconsin Electric Power Co. is further identified in an affidavit 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 Canmission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Commission's regulations.

The proprietary material for which withholding is being required is of the same technical type as that proprietary material previously sutxnitted with Application for Withholding CAW-85-023.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Wisconsin Electric Power Co.

Correspondence with respect to the proprietary aspect,s of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-85-032, and should be addressed to the undersigned.

Very truly yours, u ,

Rotert A. Wies n, Manager ReEulatory & Legislative Affairs

/ KEG Enclosure (s) i cc: E. C. Shoma?er, Esq.

j Office of the Executive Legal Director, NRC f

Glossary 065./C = customer Sutmittal/W = Westinghouse Sutrnittal

PROPRIETARY INFORMATION NOTICE TRANSMITTED; HEREWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VERSIONS OF D003MENTS FURNISHED TO EE NRC IN CONNECTION WITH REQUESTS FOR GENER PLANT SPECIFIC REVIEW AND APPROVAL.

IN ORDER 10 CONFORM TO THE REQUIREMENTS OF 10CFR2.790 0F THE COMMISSION REDULATIONS CONCERNING 1EE PROTECTION OF PROPRIETARY INFORMATION SO S TO THE NRC,1NE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE 1HE PROPRIETARY INFORMATION HAS BEEN DELETED IN 1EE NON-PROPRIETARY VERSIONS CNLY THE BRACKETS REMAIN,1EE INFORMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY VE HAVING BEDI DELEIED. THE JUSTIFICATION FOR Q. AIMING THE INFORMATION SO DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY MEANS OF LOWE LEITERS (a) THROUGH (g) CONTAINED WITHIN PAREN1EESES LOCATED AS A SUPERSCRIPT IMMEDIATEI.Y FOLLOWING THE BRACKETS ENQ.OSING EACH ITEM OF INFORMATION BEIN IDENTIFIED AS PROPRIETARY OR IN INE MARGIN OPPOSITE SUCH INFORMATION. THESE LOWER CASE LEITERS REFER 101NE TYPES'0F INFORMATION WESTINGHOUSE CUSIDM HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING 1HIS TRANSMITTAL PURSUANT 1010CFR2.790(b)(1).

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AW-77-18 AFFIDAVIT

.CONONWEALTH OF PENNSYLVANIA:-

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COUNTY OF ALLEGHENY:

Before me, the undersigned. authority, personally appeared Robert A. Wi'esemann, who, being by me duly sworn according to law, de-poses and says that he is authorized to execute this Affidavit on behalf of Westinghouse 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, ilanager

. Licensing Programs ,

Sworn to and subscribed before me this o/0 day of ('/'?le/ 1977. .

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l (1) I am Manager, Licensing Programs, in the Prr:ssurized Water Reactor Systems Division, of. Westinghouse Electric Corporation and as such. I I have been specifically delegated the function of reviewing the proprietary infomation sought to be withheld from public dis-closure in, connection with nucleat power plant licensing or rule-making proceedings, and am authorized to apply for its withholding on 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 Comission's regulations and in con- 

                                 , junction with the Westinghouse application'for withholding ac-companying this Affidavit.      ,

(3) I have personal knowledge of the-criteria and procedures utilized ' 

                             . by Westinghouro.5!u*. "-C.-- ;. Systems in designating information as a trade secret, privileged or as confidential comercial or financial info ~mation.        ' ' -                                           '

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

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of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the in-formation sought to be withheld from public disclosure should be withheld. ' (1). The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse. . 1 

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AW-77-18 (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 detemining 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, infomation is held in confidence lf it falls in one or more of several types, the release of which might result in the loss of_an existing or potential com-                                     -
                                            ' petitive advantage, as fo11cws:  ..
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                                              '(a) The infomatforr reveals the~ di.stinguishing aspects of a
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l . process (or component, structure, toole method, etc.) . where prevention of its use by any of Westinghouse's 

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competitors without license from Westinghouse ccnstitutes a competitive economic advantage over other companies. (b) It c;nsists 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. s . d MW mesp.-g6 m .

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(c) Its use by a competitor would reduce his expenditure l 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-gr .ms of potential conrnercial va'.ue to Westinghouse.
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(f) It contains' patentable ideas, for which patent pro-taction may oe adsirable. - n _ . (g) It is not the property of Westinghouse, but must be , 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 W'estinghouse 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-77-18 (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 seryi'ces involving the use of the i - information. 

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(c) Use by our competitor would put Westinghouse at a competitive disadvantage. by reducing hi,s expenditure 

                                                , . f. of resources at our expense.
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(d) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the. total competitive advantage. If m competitors acquire components of proprietary infor- . 

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mation, any one component may be the key to the entire puzzle, thereby- depriving Westinghouse of a competitive 

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(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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AW-77-18 (iii) The infomation is being transmitted to the Commission in confidence and, under the- provisions of 10 CFR Section 2.790, it is to be received irr confidence by the Commission. (iv) The infomation is not available in public sources to the best of our knowledge and belief. (v) The proprietary information sought to be withheld in this submittal is that which is attached to Westinghouse Letter - 

                                             ' Number NS-CE-1403. Eiche1dinger to Stolz, dated April 6, 1977. The letter and attachment are being submitted in support of the Westinghouse emergency core cooling system evaluation model.

Public disclosure of the_information sought to be withheld ' 

                          ,                    is likely to cause substantiaT harm to the competitive position of Westinghouse, taking irito account the value of                                                                                  - -

the infomation to Westinghouse, the amount of effort and 

                                          . money expended by Westinghouse in developing the information, and considering the ways in wInich the information could be
            .                                  acquired or duplicated by others.                                                            .

Further the deponent sayeth not. , . 

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