ML20127E424

Requests That Proprietary Info Re Results of Review of Comanche Peak Cold Overpressure Mitigation Sys Nonconservatism,Be Withheld (Ref 10CFR2.790)

ML20127E424
Person / Time
Site:	Comanche Peak
Issue date:	01/06/1993
From:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19303F184	List: ML20127E394 ML20127E424
References
CAW-93-391, NUDOCS 9301190298
Download: ML20127E424 (9)

Text

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diCLOSURI. 3 to- TXX-93019 y ,

'PAGE'1-OF 9 .

Westinghouse Energy Systems  % 335 Electric Corporation enn remwm isnu333

'l January 6,1993 CAW-93 391-Document ContM i tik l US Nuclear Regulh;ry Commission Washington, DC 20555 Attention: Dr. Thomas hiurley, Director j APPLICATION FOR WITHHOLDING PROPRIETARY INFORh1ATION FROh1 PUI1LIC DISCLOSURE

Subject:

"Results of Review of Comanche Peak Cold Overpressure hiitigation System Nonconservatism" (Proprietary)

Dear Dr. hiurley:

i The proprietary information for which withholding is being requested in the above-referenced letter is further identified in Affidavit CAW 93-391 signed by the owner of the proprietary information, Westinghouse Slectric 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 addresses with specificity the considerations listed in paragraph (b)(4) of 10 CFR Section 2.790 of the Commission's regulations.

Accordingtys this letter authorizes the utilization of the accom epng AfGdavit by TU Zlectric.

J Correspondence with respect to the proprietary- aspects of the application' for wiO. holding or the -

Westinghouse afGdavit should reference this-letter, CAW-93-391, and should be addressed to $n undersigned.

Very truly yours, 1

r-N. . Lipar 10, hianager Enclosures Nuclear Safety & Regulatory Activities

, cc: hl. P. Siemien, Esq.

-- Office of the General Counsel, NRC -

-9301190298 930112 ~

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' EllCLOSURE'3to'TXX-93019 2- CAW-93-391 -

. 'PAGE 2 0F 9 e i (1) I am Manager, Nuclear Safety and Regulatory Activities, in the Nuclear and Advanced ,

Technology Division, of the Westinghouse Electric Corporatian and as such, I have been speci0cally delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing and 9 rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems 13usiness Unit.

y -(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 Affidavit. -

2) 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) ne informatio_n sought to be withheld from public disclosure is owned and has been . ,

held in confidence by Westinghouse.

(ii) - - De information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining the types of information customarily held in contidence by it and, in that connection, utilizes a system to determine when and'whether to hold cedain types of information in confidence. The application of that system and the su', stance 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 loss of an existing or potential competitive advantage, as follows:

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ENCI.05URE 3 to-TXX-93019

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x-(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 co'nstitutes 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.

.o (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, producs!on capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

(f) It contahs patentable ideas, for which patent protection may be desirable.

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

following: '

(a) The use of such information by Westinghouse gives Westinghouse a 1

competitive advantage over its competitors. It is; therefore, withheld from disclosure to protect the Westinghouse competitive position; (b) It is information which is' marketable in many ways. The extent to which :

such information is available to competitors diminishes the Westinghouse ab'ility to sell products and services involving the use of the information.

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5 EftCLOSIJREU3-to TXX.93019 PAGE 4 0F-9:

• _ CAW.93_.391 s

(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 g;ve a market advantage to the

. competition of those countries.

(f) The Westinghouse capacity to invest corporate assets in research and development depends t;mn the success in obtaining and maintaining a-competitive advantage.

(iii) The information is being transmitted to the Commission in confidence and, under the -

provisions of 10CFR 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 previously employed in the same original manner or method i

to the best of our knowledge and belief.

(v). The proprietary information sought to be withlield_ in this submittal is that which is appropriately marked iri report entitled "Results of Comanche Peak Cold Overpressure Mitigation System Nonconservatism" for Comanche Peak Units'I & 2, being ,

transmitted by the TU Electric Company letter and' Application for Withholding; Proprietary Information from Public Disclosure, W.-J.- Cahill; Jr. to Document Control Desk Attention Dr. Thomas Murley - The proprietary information as i submitted for use by TU Electric Company b - th Comanche Peak Un'its I and 2 is '

expected to be applicable in other licensee subauttals in response to certain NRC ..

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EhCLOSURE 3 to TXX-93019-q PAGE.S'.0F . 9- 5-CAW-93-391 '  :,

requirements for justification of requirements for evaluation of cold overpressure =

mitigation system nonconservatism. -i This information is part of that which will enable Westinghouse to:

(a) Provide documentation of the methods for setpoint analyses. ,

(b) Establish applicable analytical technologies. ,

(c) Establish PORV setpoints to stay below pressure limits.

_s (d) Assist the customer to obtain NRC approval.

4 Further this information has substantial commercial value as follows:

(a) Westinghouse plans to sell the use of similar information to its customers for ,

purpose of meeting applicable Technical Specification requirements.

(b) Westinghouse can sell support and defense of the technology to _its customers in the licensing process.

Public disclosure of this proprietary information is likely to cause substantial harm to t

the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar overpressure mitigation setpoint analyses and licensing defense services for commercial power reactors without' commensurate expenses.

Also, public disclosure of the information world 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 informat%n 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. ,

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ENCL 0s0RE 3 to TXX-93019 PAGE,6 0F 9 . CAW-93-391 L -

In order for competitors of Westinghouse to duplicate this information, similar

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.- technical programs would have to be performed and a significant manpower etTort,

,. having the requisite talent and experience, would have to be expended for developing analytical models and methods. 3 Further the deponent sayeth not.

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CAW-93-391 l'

l l AFFIDAVIT 1

COMMONWEALTil OF PENNSYLVANIA: l l

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l COUNTY OF ALLEG11ENY: )

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Before me, the undersigned authority, personally appared Nicholas J. Liparulo, who, being I

by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit f on behalf of Westinghouse Electric Corporation (" Westinghouse") and that the averments of fact set l forth in this Affidavit are true and correct to the best of his knowledge, information, and b0ief:

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f l r -l I Nicholas J. Li; lo, M nager 4

i Nuclear Safety and Regulatory Activities Sworn to and subscribed l me this 3 day .

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ENCi.0SURE 3 to TXX-93019 1PAGE'8 0F 9 Proprietary Information Notice w

Transmitted herewith are proprietary and/or non-proprietary versions of documents furnished to the NRC in connection with requests for generic and/or plant-specific review and approval, in order to conform to the requirements of 10 CFR 2.790 of the Commission's regulations concerning the protection of proprietary information so submitted to the NRC, the information which is proprietary in the proprietary versions is contained within brackets, and where the proprietary information has been deleted in the non-proprietary versions, only the brackets remain (the information that was contained _

within the brackets in the proprietary versions having been deleted). The justification for claiming the information so designated as proprietary is indicated in both versions by means of lower case letters (a) through (g) contained within parentheses located as a superscript immediately following the brackets enclosing each item of information being identified as proprietary or in the margin opposite such information. These lower case letters refer to the types of information Westinghouse customarily holds in confidence identined in Sections (4)(ii)(a) through (4)(ii)(g) of the afGdavit accompanying this transmittal pursuant to 10 CFR 2.790(b)(1).

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• ENCLOSURE 3 to TXX-93019 PAGE-9 OF 9 Copyright Notice The reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copies of the information contained in these reports which are necessary for its 1

internal use in connection with generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 2.790 regarding restrictions on public

, disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection notwithstanding. With respect to the non-proprietary versions of these reports, the NRC is permitted to make the number of copies beyond those necessary for its internal use which are necessary

in order to have one copy available for public viewing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as may be required by NRC ,

regulations if the number of copies submitted is insufficient for this purpose. De NRC is not authorized to make copies for the personal use of members of the public who make use of the NRC public document .

rooms. Copies made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.

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