ML20127K991

Submits Application for Withholding Proprietary Info from Public Disclosure Re VIPRE/WRB-2 DNBR Thermal Limit for Westinghouse 17x17 Ofa & Vantage 5 Fuel

ML20127K991
Person / Time
Site:	Byron, Braidwood
Issue date:	09/18/1992
From:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19303F218	List: ML20127K950 ML20127K991 ML20127L009
References
CAW-92-359, NUDOCS 9301260301
Download: ML20127K991 (7)

Text

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(,s Westinghouse Energy Systems Bn 355 Electric Corporation " "'" """"'d'*

• 3"35 5 September 18,1992 CAW-92-359 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas hiurley, Director APPLICATION FOR WITilllOLDING PROPRIETARY INFORMATION FROM Pull!IC DISCLOSURE

Subject:

Commonwealth Edison Company Letter and Application for Withholding Proprietary Information from Public Disclosure to Document Contro' Desk.

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the bove referenced letter is further identified in Affidavit CAW-92-359 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 addresses with specificity the considerations listed in paragraph (b)(4) of 10 CFR Section 2.790 of the Commission's regulations.

Accordingly, this letter authorized the utilization of the accompanying Af0 davit by Commonwealth Edison Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse afGdavit should reference this letter, CAW-92 359, and should be addressed to the undersigned.

Very truly yours, l

N t

Nicholas J. Li do, h anager Nuclear Safety and Regulatory Activities l

l Enclosures cc: M. P. Siemien, Esq.

Office of the General Counsel, NRC 9301260301-930114' PDR ADOCK 05000454 P' PDR

1 CAW-92 359 -

AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

liefore me, the undersigned authority, personally appeared Nicholas J. Liparulo, 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 fonh in this Affidavit are true and correct to the best of his knowledge, information, and belief:

h. Q Nicholas J Lipar Mai ager Nuclear Safety and Regulatory Activities Sworn to and subscribed before me this /le day of pg ful#A_.- ,1992

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i 2- CAW 92 359

- (1) _ I am Manager, Nuclear Safety and Regulatory Activities, in the Nuclear and Advanced Technology Division, of the B estinghouse 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 lleensing and rulemaking proceedings, and'am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems Dusiness Unit.

(2) I am making this Affidavit in conformance with the provisions of 10CFP. Section 2,790 of the -

Commission's regulations and in conjunction with the Westinghouse application for withholding accompanying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy.

Systems Businets Unit in designating information as a trade secret, privileged or as - ,

confidential commercial or financial information. f (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 Commkslon in determining q whether the information sought to be withheld from pubile disclosure should be withheld. 1

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

(ii) The infbrmation is of a type customarliy held in confidence by Westinghouse and noti customarily disclosed to the public. Westinghouse has a rational basis'fbr determining f 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 confidenee. The application of that system and the substance of that system l 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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i (a) The information reveals the distinguishing aspects of a process (or component,-  ;

- structure, tool,' method, etc.) where prevention of its use by any of l

Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies,  !

(b) It consists of supporting data, including test data, retailve to a process (or component, structure, tool, me: hod, etc.), the application of which data' -

seemes a competitive economic advantage, e.g.,' by optimization or improved ,

marketability.

(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. t (d) It reveals cost or price information, production capacities, budget levels, or -

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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'contains patentable ideas, for wnich patent protection may iye 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 competitive advantage over its competitors. It is, therefore, withheld from c disclosure to protect the Westinghouse competitive position.

'(b)' It is information which is marketable in many ways. - The ' extent to which:

U such information is available to competitors diminishes the Westinghouse ability to sell produets and services involving the use of the information.

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4- CAW 92 359 (c) Use by our competitor would put Westinghousa at a competitive disadvanMge

by reducing his exper,diture of resources at our expense.

J (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 adeantage. l (e) Unrestrieted 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. d (f) The Westinghouse capacity to invest corporate assets in research and I development depends opon the success in obtaining and maintaining a . -

competitive advantage.

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(iii) The information is be!ng 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 inibrmation 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  ;

to the best of our knowledge and belief, i

(v) The proprietary information sought to be withheld in this submittal is that which is -

appropriately marked in "VIPRE/WRB-2 DNBR Thermal Limit for Westinghouse

.17xl7 OFA and VANTAGE 5 Fuel". NFSR-0090 (Proprietary), May,1992 for-reproducing Westinghouse's methodology, being trarismitted by the Commonwealth Edison Company (CECO) letter and Application for Withholding Proprietary Information from'Public Disclosure, S. Stimac to the Attention of Dr. T,'Murley,

- Director, Office of NRR. The proprietary information as submitted for use by;

Commonwealth Edison Company for the Westinghouse reload cores is expected to be kb a

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Lo 5- - CAW 92459 applicable in other licensve submittals in response to certain NRC requirements for justification of DNBR thermal limits, This information is part of that which will enable Westinghouse to:

(a) Justify the thermal performance for reload cores.

(b) Assists its customers to obtain licenses.

-(c) . Optimize reactor design and performance while maintaining a high level of-fuel integrity.

Further this information has substantial commercial value as follows:

(a) Westinghouse plans to sell the use of similar information to its customers fbr purposes of future fuel upgrades.

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

Public disclosure of this proprietary information is likely to.cause substantial harm to the competitive position of Westim; house because it would enhance the ability of -

competitors to provide similar products and 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 requiretaents 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.

g in order for competitors of Westinghouse to duplicate this information, similar L tech'nical programs would have to be performed and a significant manpower effort, os:te su>$ omm -

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CAW 92-359 having be rquisite talent anc experience, would have to t.s expended for development testing and analytical methods.

Further the deponem sayeth not.

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ATTACHMENT C NFSR 0090 (Six Non-Proprietary Copies) 1 i

ZNLD/1524/11