ML20128C880
| ML20128C880 | |
| Person / Time | |
|---|---|
| Site: | 05200003 |
| Issue date: | 01/29/1993 |
| From: | Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Borchardt R NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML20128C855 | List: |
| References | |
| AW-93-401, NUDOCS 9302040181 | |
| Download: ML20128C880 (9) | |
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Westinghouse Energy Systems Ba 355 Pimbsgh PennsyNania 15230 0355 Electric Corporation AW 93-401 January 29,1993 Document Control Desk U.S. Nuclear Regulatory Commission Nashington, D.C. 20555 ATTENTION: MR. R. W. BORCHARDT APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE SUDJECT:
NRC REQUEST FOR ADDITIONAL INFORMATION RELATED TO AP600 DESIGN (AP600 GENERAL ARRANCEMENT DRAWINGS FOR RAI QJ71.1)
Dear Mr. Borchardt:
The application for withholding is submitted by Westinghouse Electric Corporation (" Westinghouse")
pursuant to the provisions of paragraph (b)(1) of Section 2.790 of the Cornmission's regulations. It contains commercial strategic information proprietary to Westinghouse and customarily held in confidence, ne proprietary material for which withholding is being requested is identified in the proprietary version of the subject report. In conformance with 10CFR Section 2.790, Mfidavit AW-93-401 accompanies this rnplication for withholding setting forth the basis on which the identified proprietary information may be withheld from public disclosure.
Accordingly, it is respectfully requested that the subject information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Commission's regulations.
Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-93-401 and should be addressed to the undersigned.
Very truly yours,
. [2M ! k o r N. J. Liparulo, Manager Nuclear Safety And Regulatory Activities
/nja cc:
M. P. Siemien Office of the General Counsel, NRC L Barnett NRC (12H5) om 9302040181 930129 PDR ADOCK 04200003 A
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i Attachment to Westinghouse Ixtter Ifr NitC 936307 Tnble 1 AP600 General Arrangement Drawings Enclosed with Westinghouse Ixtier Ifr NIIC 93-2807 AP600 SSAll Figure No.
Document No.
Iter.
Title 1.2-4 1010 P2 001 3
Nuclear Island GA, Plan at El. 66'-6" 1.2-5 1020 P2 001 3
Nucitar Island GA, Plan at El. 82'-6" 1.2-6 1020 P2 002 2
Nuclear Island GA, Plan at El. 96*-6" 1.2-7 1030 P2 001 3
Nuclear Island GA, Plan at El. 100'-0" & 107'-2" 1.2-8 1040 P2 001 2
Nuclear Island GA, Plan at Ei.117'-6" 1.2-9 1050 P2 001 2
Nuclear Island GA, Plan at El.135'-3" 1.2-10 1060 P2 001 2
Nuclear Island GA, Plan at El. 160'-6" & 153' 0" l.2-11 1070 P2 001 2
Nuclear Island GA, Plan at El. 160'-6" & 180'-0" 1.2-12 1000 P2 901 3
Nuclear Island GA, Section A-A 1.2-13 1(XX) P2 902 2
Nuclear island GA, Section B-B 1.2-14& l5 1000 P2 903 2
Nuclear Island GA, Section C-C & H-H 1.2-16 1000 P2 904 3
Nucleat Island GA, Section G-G 1.2 17 1000 P2 905 3
Nuclear Island GA, Section J-J 1.2-18 1000 P2 906 3
Nuclear Island GA, Section K-K 1.2-19,20,21&22 1000 P2 907 2
Nuclear Island GA, Section D-D, E-E, F-F, & N-N 1.2 23 4(XX) P2 901 E
An:ex I and 11 Building GA, Section L-L 1.2-24 4030 P2 001 D
Annex I nnd 11 Building GA, Plan at El. 100'-6" & 107'-2" 1.2-25 4040 P2 001 D
Annex I and 11 Building GA, Plan at El.117'-6" 1.2-26 4050 P2 001 D
Annex ! and 11 Building GA, Plan at El.135'-3" 1.2 29 5000 P2 001 B
Radwaste Building GA, Plan at El. 100'-0", 122*-0" & 135'-1" 1.2-30 2030 P2 001 D
Turbine Building GA, Plan at El.100'-0" 1.2-31 2040 P2 001 D
Turbine Building GA, Plan at El.117'-6" 1.2-32 2050 P2 001 D
Turbine Building GA, Plan at El.135'-3" 1.2-33 2060 P2 001 D
Turbine Building GA, Plan at El 161'-O' l.2-34 2(XX) P2 901 B
Turbine Building GA, Section A-A i
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col'YRIGIIT 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 internal use in connection with generic and plant specific reviews and approvals as well as the issuance,.
denial, amendment, transfer, renewali 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 not withstanding. With respect to the non proprietary versions of these reports, the NRC is permitted to make the number of copics 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, D.C. and in local public document rooms as may be required by NRC regulations if the number of copics submitted is insufficient for this purpose. The NRC is not author'7ed
- 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 'nclude the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.
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l'ROPRilfl'AltY INI'ORMATION NOTICE Transmitted herewith are proprietary and/or non proprietary versions of documents furaished to the NRC in connection with requests for generic and/or plant specific review and approval.
In order to conform to the requirements of 10CFR 2.790 of the commission's regniation 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 on the brackets remain, the information that was contained within brackets and where the proprietary infortnation 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 informa: ion so designated as proprietary is indicated in both versions by means of lower case letters (a) through (f) contained within parentheses located as a superscript immediately following the brackets enelos:ng each item of information being identified as picprietary or in the margin opposite such information. These lower case letters refer to the types of information Westinghouse customarily holds in con'idence identified in Section (4)(ii)(a) through (4)(ii)(f) of the at'fidavit accompanying this transmittal pursuant to 10CFR2.790(b)(1).
em i
l AW 93 401 AFF! DAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGilENY:
Before me, the: undersigned authority, personally appeared Peter J. Morris, who, being by me duly sw*arn according to law, deguses and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation ("%stinghouse") and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge,information, and belief:
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V Peter J. Morris, Manager Strategic Safety and Regulatory issues Sworn to and subscribed before me this 88#
day of O
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,1993
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u AW 93 401
.(1)
I am Manager, Strategic Safety and Regulatory issues, in thc. 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 licensing and rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems Business Unit.
y (2).
I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's reenlations and in conjunction uiti he Westinghouse application for withholding accompanying this Affidavit.
(3)
I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems Business Unliin designating information as a trade secret, privileged or as confidential commercial or financial information.
(4)
Pursuant to the provisions of paragra, b (b)(4) of Section 2.790 of the Commission's regulations, the following is furnished for cons.ideration 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 public disclosure is owned and has been -
held in canfidence by Westinghouse.
l 9
(ii)
The information is of a type customarily held in confidence by Westinghouse and not customarily _ disclosed to the public. Westmghouse has a rational basis for determining -
the types of information customarily held in confidence by it and, in that connection,.
I utilizes a system to determine when and whethr to hold certain types of information in confidence. The application of that system and the substance of that system l
constitutes Wes!!nghouse 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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AW 93-401 I
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 Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantege 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 competitisc economic advantage, e.g., by optimliation or improved marketability.
(c)
Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manafacture, shipment, installation, assurance of quality, or licensing a similar product.
(d)
It reveals cost or price information, production capaci ies, budget levels, or t
commercial strategies of Westinghouse, its customer., or supplicts.
(c)
It reveals aspects of past, present, or future Wes'inghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
(f)
It contains 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 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 ability to sell products and services involving the use of the information.
ma i
AW 93 401 (c)
Use by our competitor wouM put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our experse.
(d)
Each component of proprietary information pertinent c a particular cornpetitive udvantage is potentially as valuable as the total competitive ndvantage, if competitors acquire components of proprietary information, any one component may be the key to the entire pe22.lc, thereby depriving Westinghouse of a competitive advantage.
(e)
Unrestricted disclosure would jeopardize the position of prominence of G_
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.
(iii)
The information is being transmitted to the Commission in confidence and, under the provisions of 10CFR Section 2390, 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
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information has not been previously employed in the same original manner or method to the best of our knowledge and belief.
(v)
Enclosed is Letter ET-NRC-93-3807, January 1993, being transmited by Westinghouse Electric Corporation (E letter and Application for Withholding Proprietary Information from Public Dis.:osure, N. J. Liparuto (E, to Mr. R. W. Borchardt, Office of NRR. The proprietary information as submitted for use by Westinghouse Electric Corporation is in response to questions concerning the AP600 plant and the associated design certification application and is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of licensing advanced nuclear power plant designs.
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AW 93-401 m
This information is part of that which will enable Westinghouse to:
i (a)
Derconstrate the design and safety of the AP600 Passive Safety Systems.
(b)
Establish applicable verification testing methods.
(c)
Design Advanced Nuclear Power Plants that meet NRC requirements.
(d)
Establish technical and licensing appawGes for the AP600 that will ultimately result in a certified design.
(c)
Assist customers in obtaining NRC approval for future plants.
Further this information has substantial commercial value as follows:
(a)
Westinghouse plans to sell the use of *imilar information to its customers for purposes of meeting NRC rou.ccments ft. edvanced plant licones.
(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 the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar advanced nuclear power designs 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 requirements for licensing documentatic's 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.
I OMA
AW 93 401 in order for competitors of Westinghouse to duplicate this information, similar technical programs would have to le performed and a significant manpower effort, having the requisite talent and experience, would have to be expended for developing analytical methods and receiving NRC approval for those methods.
Further the deponent sayeth not.
l 0762A
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