ML20129A289

Requests Withholding of Proprietary Safety Evaluation for Increased Rdf Co Resistance Temp Detector Uncertainty & Rosemount Transmitter Installation,Per 10CFR2.790

ML20129A289
Person / Time
Site:	Wolf Creek
Issue date:	05/30/1985
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19344B955	List: ML20129A223 ML20129A255 ML20129A289 NRC-85-3034, Informs of Status of Investigations Into Repts by Two Plants of Resistance Temp Detector Calibr Anomalies in Detectors Manufactured by Rdf Co
References
CAW-85-041, CAW-85-41, TAC-57896, NUDOCS 8506040520
Download: ML20129A289 (10)

Text

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Attnchment to KMLNRC 85-130 j

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N Attachment 3 i Westinghouse Water Reactor g35bpenmaniais230-asss E!ectric Corporation Divisions May 30,1985 CAW-85-041 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Comission Washington, D.C. 20555 APPLICATION FDR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLGURE

Subject:

Westin@ouse Safety Evaluations for Increased RdF RTD Uncertainty and Rosemount Transmitter Installation

Reference:

KMLNRC85-130

Dear Mr. Denton:

The proprietary material for which withholding is being requested in the reference letter by Kansas Gas and Electric Company for the Wolf Creek Plant is further identified in an affidavit signed by the owner of the proprietary infomation, Westinghouse Electric Corporation. The affidavit, which accompanies this letter, sets forth the basis on which the infomation may be withheld from public disclosure by the Comission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2 790 of the Comissions's regulations.

The proprietary material for which withholding is beiru requested is of the same technical type as that proprietary material previously sutmitted with Application for Withholding AW-76-60.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Kansas Gas and Electric Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-85-041, and should be addressed to the undersigned.

Very truly yours, Ms

, LQ M6 Robert A. Wiesemann, Manager A. L. Sterdis/pj Regulatory & Legislative Affairs Enlosure(s) cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC 8506040520 850531 PDR ADOCK 05000482 P PDR

PROPRIETARY INFORMATION NOTICE TRANSMITTED HDEWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VERSIONS OF DOCUMENTS PURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/

PLANT SPECIFIC REVIEW AND APPROVAL.

IN ORDER 10 CONFORM 1D 1HE REQUIREMENTS T 10CFR2.790 0F THE COMMISSION'S RELULATIONS CCNCERNING INE PROTECTION OF PROPRIETARY INFORMATION SO SUBMI TO THE NRC,1NE INFDPATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION HAS BEEN DELETED IN THE NON-PROPRIETARY VERSIONS CHLY THE BRACKETS REMAIN, THE INFORMATION 1NAT WAS CONTAINED WITHIN INE BRACKETS IN INE PROPRIETARY VERSION HAVING BED DELETED. THE JUSTIFICATION FOR Q. AIMING 1NE INFORMATION SO DESIGNATED AS PROPRIETARY IS INDICATED IN BCTIE VERSIONS BY MEANS OF LOWER CA LETIERS (a) THROUGH (g) CONTAINED WITHIN PAREN1NESES LOCATED AS A SUPERSCRIPT IMMEDIATII.Y FOLLOWING 1NE BRACKETS DCLOSING EACH ITEM OF INF0FATION BEING IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH INFORMATION. THESE

, LCWER CASE LETTERS REFER 10 THE TYPES OF INFORMATION WESTINGHOUSE CUS10MAR HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT 1D 10CFR2 790(b)(1).

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, AW-76-60 ,

AFFIDAVIT-

'a COMMONWEALT'H OF PENNSYLVANIA:

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. COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared Robert A. Wiesemann, who, being by me duly sworn according to law, de- .

. poses and says that he is authorized to execute this Affidavit on behalf of W'estinghouse 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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-L4aS?!L!aNuuuud -

Robert A. Wiesemann, Manager Licensing Programs Sworn to and subscribed '

before,methis8 day of $*(tird/Cl 1976.

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/ fil(/4.b N4l es .

/ Notary Public. .,,

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• AW-76-60 (1) I am Manager, Licensing Programs, in the Pressurized Water' Reactor <

Systems Division, of Wes'tinghouse Electric Corporation and as such,

.I have been specifically delegated the-function of reviewing the ,

proprietary information scught to be withheld from public dis-closure in connection with nuclear power plant' licensing or rule-inaking proceedings, and'am authorized to apply for its withholding bn 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 Commission'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 Westinghouse Nuclear Energy Systems 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 tha in-formation 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 confidence by Westinghouse. -

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AW-76-60 (ii) The information is of a type _ customarily held in confidence hy ,

Westinghouse and no't customarily disclosed to the public.

Westinghouse has a rational basis for determining 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 s

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 com-

/ petitive advantage, as follous:

(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 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 econom'ic advantage, e.g., by optimization or ,

improved marketability.

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.I AW-76-60 (c) Its use by a competitor would reduce his expenditure 'r 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-grams of potential commercial'value to Westinchouse.

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(f) It contains patentable ideas, for which patent pro-tection may be desirable. .

(g) It is not the property of Westinghouse, but must be treated as proprietary hy Westinghouse according to agreements with the owner. ,

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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 com-petitors. It is,* therefore, withheld from disclosure to protect the Westinghouse competitive position.

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AW-76-60 (b)' It is information which is marketable in many ways'. c The extent to'which s'uch information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the

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information. .

/ (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 paiticular competitive advantage is potentially as valuable as the total competitive advantage. If

/ competitors acquire components of proprietary infor-mation, any one component may be the key to the entire ,

puzzle, thereby depriving Westinghouse of-a competitive advantage.

(e) Unrestricted disclosure would jeopardize the pos.ition

' 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 -

I in research and development depends upon the success ,

.. in obtaining and maintaining a competitive advantage.

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p AW-76-60 (iii) The information is being transmitted to the Commiss' ion in <

confidence and, under the provis, ions of 10 CFR Section 2.790, it is to be received in confidence by the Commission.

(iv) The information is not available in public sources to the best of our knowledge and belief.

"(v) The proprietary information sought to be withheld in this sub-mittal is that which is appropriately marked in the attach-ment to Westinghouse letter number NS-CE-1298, Eiche1dinger to Stolz, dated December 1,1976, concerning information relating to NRC review of WCAP-C567-P and WCAP-8568 entitled, " Improved Thermal Design Procedure," defining the sensitivity of DNB

! ratio to various core parameters. The letter and attachment

' are being submitted in response to the NRC request at the

. October 29, 1976 NRC/ Westinghouse meeting.

This information enables Westinghouse to:

(a) Justify the Westinghouse design.

(b) Assist its customers to obtain licenses.

(c) Meet warranties. ,

(d) Provide greater operational flexibility to customers assuring them of safe and reliable operation.

(e) Justify increased power capability or operating margin for plants while assuring safe and reliable operation. .

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AW-76-60~ .

(f) Optimize reactor design and performance while maintaining <

a high level of fuel integrity.

Further, the information gained from the improved thermal design procedure is of significant commercial'value as follows:

(a) Westinghouse uses the information to perform and justify analyses which are. sold to customers. .

(b) Westinghouse sells analysis services based upon the ,

experience gained and the methods developed..

Public disclosure of this information concerning design pro-

/ cedures is likely to cause substantial harm to the competitive position of Westinghouse because competitors could utilize this information to assess and justify their own designs without commensurate expense.

The' parametric analyses performed and their evaluation represent a considerable amount of highly qualified development effort.

This work was contingent upon a design method development pro- ,

gram which has been undeniay during the past two years.

Altogether, a substantial amount of money and effort has been

! expended by Westinghouse which could only be duplicated by a competitor if he were to invest similar sums of money and pro-vided he had the appropriate talent available.

Further the deponent sayeth not.

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o-Attachment to KMLNRC 85-130 I i

Attachment 4 Safety Evaluation for Increased Rdf RTD

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