ML20136H903

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Requests Withholding Proprietary Info Re Best Estimate LOCA Methodology as Applied to PWRs W/Upper Plenum Injection from Public Disclosure Per 10CFR2.790.Supporting Affidavit Encl
ML20136H903
Person / Time
Site: Prairie Island  Xcel Energy icon.png
Issue date: 11/14/1985
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Harold Denton
Office of Nuclear Reactor Regulation
Shared Package
ML19276C934 List:
References
CAW-85-079, CAW-85-79, NUDOCS 8511250225
Download: ML20136H903 (8)
v • d • e


Text

{{#Wiki_filter:- e.-~ 'a' h Attachment 2 

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l Nuclear Technology Division , Westinghouse Water Reactor I 

              . Electric Corporation   Divisions                                axass Pittsburgh Pennsylvania 15230-0355 November 14, 1985 CAW-85-079 Mr. Harold R'. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Westinghouse Best Estimate LOCA Methodology as applied to PWR's with Upper Plenum Injection

Dear Mr. Denton:

The proprietary material for which withholding is being requested in the reference letter by Northern States Power is further identified in an affidavit 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 Comission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Comission's regulations. The proprietary material for which withholding is teing required is of the same technical type as that proprietary material previously submitted with Application for Withholding CAW-85-023. Accordingly, this letter authorizes the utilization of the accompanying affidavit by Northern States Power. Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-85-079, and should be addressed to the undersigned. Very truly yours, P R DO 00 82 PDR Mhw 6h Robert A. Wiesemann, Manager Regulatory & Legislative Affairs 03936/JD/ KEG 

               . Enclosure (s) cc:    E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC

Attachment 2 PEOPRIETARY INFORMATION NOTICt. TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY VERSIONS OF D00JMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/OR FLANT SPECIFIC REVIEW AND APPROVAL. IN ORDER 10 CONFORM TO THE REQUIREMENTS OF 10CFR2.790 0F THE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SUBMITTED TO THE NRC, TFE INFORMATION WHICH IS PROPRIETARY IN TPE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION HAS BEEN DELETED IN ThE NCN-PROPRIETARY VERSIONS WLY 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 ENU 0 SING EACH ITEM OF INFORMATION BEING IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH INFORMATION. THESE LOWER CASE LETTERS REFER 10 THE TYPES OF INFORMATION WESTINGHOUSE CUSTOMARILY HOLDS IN CmFIDENCE IDENTIFIED IN SECTIONS (4) (ii)(a) THROUGH (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT ID 10CFR2.790(b)(1).

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                  -                                                                                                                                                                                                       Ai!-77-18 AFFIDAVIT                                                                               ,

C0!EO::':EALTH OF PEll:XSYLVA;11A: , ss . COUi{TY OF ALLEGHE!!Y: . 1 Before me, the undersigned authority, personally appeared Robert A. Wiesemann, who, being by me duly sworn according to la'.t , de-poses and says that he is authorized to executa this Affidavit on behalf of West,inghouse 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: , \ . h).Nlff.d6%$W . Robert A. Wiese..e ann, Manager Licensing Programs . I .- . ..- , , l Sworn to and subscribed . l . before me this d g_, day . \ o'/ UILl 1977'. .. . of - .ili 

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(1) 1 am. Manager, Licensing ProDrams, in the Pressurized Water Rea.ctor s - . 

                   .           Systems Division, of Westinghouse Electric Corporation and is such, I have been specifically delegated the function of reviewing the proprietary information sought to.be withheld from public dis-                                                                       .

closure in connection with nuclear power plant licensing or rule- 

                            . making proceedings, and am authorized to apply for Hs withholding
                     . ' on behalf of the Westinghouse Water P.eactor Di .'ision1.                                                    .

__- (2) I' am making this Affidavit in conformance with the pryvisions of 10 CFR'Section 2.790 of the Comission's regulations and in con- - junction with the kestinghouse application for withholding ac- , companying this Affidavit. , , 

               .   (3)         I have personal knowledge of the criteria and procedures utilized by Westinghouse lluclear, Energy Systems in designating inforcation                                                                ,

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 Co. nission's' regulations, the following is furn,ished for 

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consideration by the Cc=aission in determining whether the 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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                                                                                                                 .                             Mi-77-1S (ii) The information is of a type customarily held in configoce.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 ir) formation in confidence. The ap- 

                             ~                                                                                                                                                              -
                                                ,'            plication 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 several types, the release of which . might result in the loss of an existing or potential com- 

                                                 ' ' ~ ' petitive' advantage, as 'follows:,                                              ,

(a) The information reveals the di,stinguishing aspects of a , process (orcomponent structure, tool, method, etc.) ' where prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes 

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                           -                                                 a competitive economic advantage over other companies.                                                                 '

(b) It cons'ists of $upporting 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. . 

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Attachment 2 

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AW-77-13 (c) Its use by a. competitor would reduce his expendiTuhe - of resources or improve his cor.,petitive position in the design, manufacture, shipm.ent, 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 '
                     .                                                  granis of potential cornercial value to Westinghouse.                                                                                        -

s - (f) It contains patentable ideas, for which patent pro-tection may be desirable. - (g) It is not the property of Westinghouse, but n:ust be - , treated as proprietary by Westinghouse according to 

                         .-                                       ,' agreeinents with the owner.                                                    ,

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                                                                                                             l to protect the Westinghouse competitive position.

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y :. (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.

(c) Use, by our competitor would put Westinghouse at a 

           -                                                          .' competitive disadvantage by reducing his expenditure of resour'ce.s at our expense.                                                                                                   .
                                      .              : .~                            ,- . . .;. .

(d) Each component of proprietary information per'tinent - to a particular competitive advantage is potentially as valuable as the total' competitive advantage. If 

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

                                .. .                                           puzzle, thereby depriving Westinghouse of a competit'ive                '
                                                                        .' advantage.                                                                                                                                               .,
                                                                 .(e) Unres'tricted disclosure would jeopardize the position of prominence of Westinghouse in the world market.                                                                                                                         ,

and the,reby give a market advantage to the competition in those countries. . (f) The Westinghouse capacity to invest corporate assets ' in research and development depends upon the success _. - 

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in obtaining and maintaining a competitive advantage. 

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                           ,(iii)                          The infomation is being transmitted to the Comissioyin -
                          -                                 confidence and, under the provisions of 10 CFR Section 2.790,
                              ,-                           it is to be received in confidence by the Comission.                                                                                           .
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(iv) The infomation is not available in public sources to the

  • best of our knowledge and belief.

(v) The proprietary information sought to be withheld in this - submittal i.s that which is attached to Westinghouse Letter 

                                                     .       Number NS-CE-1403 Eiche1dinger .to .Stolz, dated April 6,                                                                       '

1977. Theletterandattachir.entarebeingsubmitteddn , , 

                                    .                        support of the Westinghouse emergency core cooling system
                  .                                          evaluation model.                                                                 ,
          .   ..s                .              . . - - .                    . - .     .   .      ..-                     .             .,          .                    .

Public disclosurc of the information sought to be withheld is likely to cause substantial harm to the competitive * ~ position of Westinghouse, taking in'to account the value oy . 

                                                         . the infomation to Westinghouse, the amount of effort and
                                                        . money expended by Westinghouse in developing the infomation,                                                                                                ,

and considering the ways in which the information could be 

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acquired or duplicated by others. Further the deponent sayeth not. . . S e

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