ML20134H746

Requests That TR WCAP-14807 Be Withheld from Public Disclosure Per 10CFR2.790(b)(1)

ML20134H746
Person / Time
Site:	05200003
Issue date:	01/31/1997
From:	Mcintyre B WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Quay T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19355E559	List: ML20134H746 NSD-NRC-97-4960, Forwards Proprietary Version of TR WCAP-14807, Notrump Final Validation Rept for AP600. Encl Withheld
References
AW-97-1075, NUDOCS 9702110442
Download: ML20134H746 (12)

Text

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v Westinghouse Energy Systems em 355 Electric Corporation Patsbwgh Pennsylvania 15230-0355 AW-97-1075 January 31,1997 Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555 ATTENTION:

T.R. QUAY APPLICATION FOR WITIIHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

SUBJECT:

NOTRUMP FINAL VALIDATION REPORT FOR AP600 - WCAP-14807 REVISION 1

Dear Mr. Quay:

The application for withh >1 ding is submitted by Westinghouse Electric Corporation (" Westinghouse")

pursuant to the provisions of paragraph (b)(1) of Section 2.790 of the Commission's regulations. It contains commercial strategic information proprietary to Westinghouse and customarily held in confidence.

The 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, Affidavit AW-97-1075 accompanies this application 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-97-1075 and should be addressed to the undersigned.

Very truly yours, N

Brian A. McIntyre, h anager Advanced Plant Safety and Licensing

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cc:

Kevin Bohrer NRC 12G18 9702110442 970131 PDR ADOCK 0520 3

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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 internal use in connection with generic and plant-specific reviews and approvals as well as the j

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 l

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, D.C. and in local public l

document rooms as may be required by NRC regulations if the number of copies submitted is insufficient for this purpose. Copies made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary, i

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PROPRIETARY INFORMATION NOTICE Transmitted herewith are proprietary and/or non-proprietary versions of documents furnished to the NRC in connection with iequests for generic and/or plant specific review and approval.

i In order to conform to the requirements of 10 CFR 2.790 of the Commission's regulations concerning i

the protection of proprietary information so submitted to the NRC, the information which is proprietary in the proprietary ersions is contained within brackets, and where the proprietary v

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).

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,The justification for claiming the information 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 i

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 identified in Section (4)(ii)(a) through (4)(ii)(f) of the affidavit accompanying this transmittal pursuant to 10 CFR2.790(b)(1).

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AFFIDAVIT c

COMMONWEALTH OF PENNSYLVANIA:

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COUNTY OF ALLEGHENY:

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Before me, the undersigned authority, personally appeared Brian A. McIntyre, who, being by n

j me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on i

behalf of Westinghouse Electric Corporation (" Westinghouse") 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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4 Brian A. McIntyre, Manager j

i Advanced Plant Safety and Licensing Sworn to and subscribed before me this 5

day of

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sutM W.k &

0 Notary Public Notanal Seal Lorraine M. Piplica. Notary Public Monroeville Boro. Allegheny County My Commission Expires Dec.14,1999 Member, Pennsvivann esencet nn of Notanes 3060A j

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l (1)

I am Manager, Advanced Plant Safety And Licensing, in the Advanced Technology Business Area, of the Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information sought to b: 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.

(2)

I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the l

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

l (3)

I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy l

Systems Business Unit in designating information as a trade secret, privileged or as l

confidential commercial or financial information.

(4)

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

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(i)

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

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(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 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 application of that system and the substance 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 i

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-97-1075 (a)

The information reveals the distinguishing aspects of a process (or component, i

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.

t (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.

i (c)

Its use by a competitor would reduce his expenditure of resources or improve j

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 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 conunercial value to Westinghouse.

(f)

It contains patentable ideas, for which patent protection may be desirable.

I There are sound policy reasons behind the Westinghouse system which include the following:

l (a)

The use of such information by Westinghouse gives Westinghouse a l

competitive advantage over its competitors it is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

t (b)

It is information which is marketable in many ways. The extent to which such j

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i information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.

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AW-97-1075 (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 give a market advantage to the j

competition of those countries.

i (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 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 to the best of our knowledge and belief.

(v)

Enclosed is Letter NSD-NRC-97-4960, January 31,1997 being transmitted by Westinghouse Electric Corporation (E) letter and Application for Withholding Proprietary Information from Public Disclosure, Brian A. McIntyre (E), to Mr. T. R. Quay, 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 nu x.,

AW-97-1075 L

justification of licensing advanced nuclear power plant designs.

This information is part of that which will enable Westinghouse to:

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(a)

Demonstrate 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 approaches for the AP600 that will ultimately result in a certified design.

I (e)

Assist customers in obtaining NRC approval for future plants.

i Further this information has substantial commercial value as follows:

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Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for advanced plant licenses.

(b)

Westinghouse can sell support and defense of the technology to its customers in the licensing process.

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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 documentation without purchasing the right to use the information.

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AW-97-1075 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.

In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be 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.

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February 4,1997

'the following lists the change page instructions for Revision 1 of the NOTRUMP Final Validation Reponfor AP600. Before you begin, move all of Section 6 from Volume 2 to Volume 1.

Remove:

Replace with:

Revison 0 Cover and Spine Revision i Cover and Spine (in both volumes)

(in both volumes) a I

Revision 0 AP600 Cover Sheet and Title Page Revision 1 AP600 Cover Sheet and Title Page (in both volumes) -

(in both volumes) 5 Revision 0 pages vii to xvi Revision 1 vii to xvii (in both volumes)

(in both volumes)

Revision 0 Section 8 Blank Page Revision 1 Section 8 (pages 8.1-1 to 8.5-1) i (in Volume 2)

(in Volume 2)

Revision 0 Section 9 (pages 9-1 to 9-2)

Revision 1 Section 9 (pages 9-1 to 9-3) j (in Volume 2)

(in Volume 2) i e

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AP600 DOCUMENT COVER SHEET 4'

TDC:

IDS: 1 S

Form 58202G(5/94)

AP600 CENTRAL FILE USE ONLY:

0058.FRM RFS#:

RFS ITEM #:

j AP600 DOCUMENT NO.

REVISION NO.

ASSIGNED TO PXS-GSR-200 1

Page 1 of W-NOVENDSTERN ALTERNATE DOCUMENT NUMBER: WCAP-14807*

WORK BREAKDOWN #: 3.1.1.20.8 DESIGN AGENT ORGANIZATION: WESTINGHOUSE TITLE: NOTRUMP Final Validation Report for AP600

• The non-proprietary version is WCAP-14808.

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ATTACHMENTS: N/A DCP #/REV. INCORPORATED IN THIS DOCUMENT REVISION: N/A a

l CALCULATION / ANALYSIS

REFERENCE:

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i ELECTRONIC FILENAME ELECTRONIC FILE FORMAT ELECTRONIC FILE DESCRIPTION m:\\2881w.wpf Wordperfect 5.2 WINDOWS DOCUMENT TEXT AND FIGURES i

Wordperfect 5.2 WINDOWS COVER SHEET j

4 (C) WESTINGHOUSE ELECTRIC CORPORATION 1996

@ WESTINGHOUSE PROPRIETARY CLASS 2 TNs document contams e....-6. propnetary to Westinghouse Electric Corporation; it is submrtted in con 6dence and is to be used solei for the f

O purpose for which it is fumished and retumed upon request. This document and such information is not to be reproduced, transmitted, disclosed j

i or used otherwise in whole or in part without prior written authorization of Wesbnghouse Electric Corporation, Energy Systems Busness Unit, i

sutpet to the legends contained hereof.

I WESTINGHOUSE PROPRIETARY CLASS 2C 1

TNs document is the property of and contams N,,.b;.,y Informabon owned by Wesenghouse Electne Corpornbon and/or its subcontractors and suppiers. It is tranernitted to you in confidence and trust, and you agree to treat this document in strict accordance with the terms and condibons of he agreement under which it was provided to you.

j 0 WESTINGHOUSE CLASS 3 (NON PROPRIETARY)

COMPLETE 1 IF WORK PERFORMED UNDER DESIGN CERTIFICATION OR COMPLETE 2 IF WORK PERFORMED j

UNDER FOAKE.

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i 1 @ DOE DESIGN CERTIFICATION PROGRAM - GOVERNMENT LIMITED RIGHTS STATEMENT ISee page 2]

Copyright statement A license is reserved to the U.S. Govemment under contract DE-AC03-90SF18495.

O DOE CON"RACT DELIVERABLES (DELIVERED DATA)

Subject to sped 6ed excephons, disciosure of this data is restricted until September 30,1995 or Design Certification under DOE contract DE-ACO3-90SF18495, wt ichever is later.

EPRI COHFIDENTIAL: NOTICE: 1 2

3 3 4

5 CATEGORY: A 3 B C

D E

F 4

i 2

ARC FOAKE PROGRAM - ARC LIMITED RIGHTS STATEMENT ISee page 2) j Copyright statement A license is reserved to the U.S. Government under contract DE-FC02-NE34267 and subcontract ARC-934SO 901.

O ARC CONTRACT DELIVERABLES (CONTRACT DATA)

Sutect to speci6ed excephons, deciosure of this data is restricted under ARC Subcontract ARC-93-3-SC-001.

j ORIGINATOR SIGNATURE /DATE RAH

b. Q $

l )W AP600 RESPONSIBLE MANAGER SIG E'

APPROVAL ' ATE E. H. Novendetem

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• Approval of he responsable manager signines that document is complete, all required reviews are complete, diectroric file is attached and document is released for use.

m$ap600\\2881vAcover.wpf:1b 1

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AP600 DOCUMENT COVER CHEET Page 2 Form 58202G(S/94)

LIMITED RIGHTS STATEMENTS DOE GOVERNMENT LIMITED RIGHTS STATEMENT (A)

These data are submitted with limited rights under government contract No. DE-AC03-90SF18495. These data may be reproduced and used by the govemment with the express limitation that they will not, without wntten permission of the contractor, be used for purposes of manufacturer nor disclosed outside the govemment; except that the govemment may disclose these data outside the govemment i

for the following purposes, if any, provided that the govemment makes such disclosure subject to prohibition against further use and disclosure:

(I)

This

• Proprietary Data

• may be disclosed for evaluation purposes under the restrictions above.

(11) The

• Proprietary Data' may be disclosed to the Electric Power Research Institute (EPRI), electric utility representatives and their direct consultants, excluding direct commercial competitors, and the DOE National Laboratories under the prohibitions and restnctions above.

(B)

This notice shall be marked on any reproduction of these data, in whole or in part.

A9C UMITED RIGHTS STATEMENT:

This proprietary data, fumished under Subcontract Number ARC-93-3-SC 001 with ARC may be duplicated and used by the govemment and ARC, subject to the limitat ons of Article i+17.F. of that subcontract, with the express limitations that the proprietary data may not be disclosed outside the govemment or ARC, or ARC's Class 1 & 3 members or EPRI or be used for purposes of manufacture without prior permission of the Subcontractor, except that further disclosure or use may be made solely for the following purposes:

This proprietary data may be disclosed to other than commercial competitors of Subcontractor for evaluation purposes of this subcontract under the restnction that the proprietary data be retained in confidence and not be further disclosed, and subject to the terms of a non-disclosure agreement between the Subcontractor and that organization, excluding DOE and its contractors.

DEFINITIONS CONTRACTIDELIVERED DATA -- Consists of documents (e.g. specifications, drawings, reports) which are generated under the DOE or ARC Contracts which contain no background proprietary data.

EPRI CONFIDENTIALITY / OBLIGATION NOTICES l

NOTICE 1: The data in this document is subject to no confidentiality obligations.

NOTICE 2: The data in this document is proprietary and confidential to Westinghouse Electric Corporation and/or its Contractors. It is forwarded to recipient under an obligation of Confidence and Trust for limited purposes only. Any use, disclosure to unauthorized persons, or copying of this document or parts thereof is bited except as agreed to in advance by the Electric Power Research Institute (EPRI) ar.J Westinghouse Electnc Corpcrabon. Recipient this data has a duty to mquire of EPRI and/or Westinghouse as to the uses of the information contained herein that are permitted.

NOTICE 3: The data in this document is proprietary and confidential to Westinghouse Electric Corporation and/or its Contractors. It is forwarded to recipient under an obligation of Confidence and Trust for use only in evaluation tasks specifically authorized b the Electric Power Research institute (EPRI). Any use, disclosure to unauthorized persons, or copying this document or parts thereof is bited except as agreed to in advance by EPRI and Westinghouse Electric Corporation. Recipient of this data has a duty to inquire of EP and/or Westinghouse as to the uses of the information contained herein that are permittad. This document and any copies or excerpts thereof that may have been generated are to be retumed to Westinghouse, directly or through EPRI, when requested to do so.

NOTICE 4: The data in this document is proprietary and confidential to Westinghouse Electric Corporation and/or its Contractors. It is being revealed in confidence and trust only to Ernployees of EPRI and to certain contractors of EPRI for limited evaluation tasks authorized by EPRI.

Any use, disclosure to unauthorized persons, or copying of this document or parts thereof is prohibited. This Document and any copies or excerpts thereof that may have been generated are to be retumed to Westinghouse, directly or through EPRI, when requested to do so.

NOTICE 5: The data in this document is proprietary and confidential to Westinghouse Electric Corporation and/or its Contractors. Access to this data is given in Confidence and Trust only at Westinghouse facilities for limited evaluation tasks assigned by EPRI. Any use, disclosure to unauthorized persons, or copying of this document or parts thereof is prohibited. Neither this document nor any excerpts therefrom are to be removed from Westinghouse facilities.

EPRI CONFIDENTIALITY / OBLIGATION CATEGORIES CATEGORY *A* -(See Delivered Data) Consists of CONTRACTOR Foreground Data that is contained in an issued reported.

CATEGORY 'B'-(See Delivered Ec *a) Consists of CONTRACTOR Foreground Data that is not contained in an issued report, except for computer programs.

CATEGORY *C" - Consists of CONTRACTOR Background Data except for computer programs.

CATEGORY 'D"- Consists of computer programs developed in the course of performing the Work.

CATEGORY *E"- Consists of computer programs developed prior to the Effective Date or after the Effective Date but outside the scope of the Worlt CATEGORY 'F* - Consists of administratrve plans and administrative reports.

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