ML20137S583
| ML20137S583 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 11/05/1985 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19276C958 | List: |
| References | |
| CAW-85-076, CAW-85-76, NUDOCS 8512060267 | |
| Download: ML20137S583 (9) | |
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Westinghouse WaterReactor Nucleadecnema omson Electric Corporation Divisions g 333 Pitthgh Pennsylvania 15230-0355 November 5, 1985 CAW-85-076 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 Setpoint Methodology for Protection Systems, Millstone Nuclear Power Station Unit 3, Rev.1 (WCAP-10991)
Reference:
Letter from Northeast Utilities, November 1985
Dear Mr. Denton:
The proprietary material for which withholding is being requested in the reference letter by Northeast Utilities 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 Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Connission's regulations.
The proprietary material for which withholding is being required is of the same technical type as that proprietary material previously submitted with Application for Withholding CAW-81-3.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by Northeast Utilities.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-85-076, and should be addressed to the undersigned.
Very truly yours, 8512060267 851118 Rober A. Wiesemann, Manager Regulatory & Legislative Affairs
/bek/0967n Enclosure (s) cc:
E. C. Shomaker, Esq.
Office of the Executive Legal Director, NRC
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AW-76-60 AFFIDAVIT.
COMMONWEALT'N OF PENNSYLVANIA:
ss 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 Westinghouse 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:'
y Robert A. Wiesemann, Manager Licensing Programs
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Sworn to and subscribed befor methis8 day of [ 4/rdtd 1976.
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Notary Public,,,
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. AW-76-60 (1)
I am. lianager.. Licensing Programs, in the Pressurized Water Reactor Systedis Division, of Westinghouse Electric Corporation and'as 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 authorj,ied to apply for its withholding on' 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 Comission's regulations and in con-junction with the Westinghouse application for withholding ac-
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companying this Affidavit.
(3)
I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Energy Systems in designating infonnation as a trade secret, privileged or as confidential comercial or financial infonnation.
(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 Comission 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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. AW-76-60 (ii)
The information is of a type customarily held in confidence by Westinghouse and no't customarily disclosed to the pub 1ic.
Westinghouse has 5 rational basis for determining the types of infomation customarily held in confidence by it and, in that
. connection, utilizes a system to determine when and whether to hold certain types of informayion 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:
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(a) The infomation 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 economic advantage, e.g., by optimization or improved marketability.
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~ AW-76-60 (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.
(d)
It reveals cost or prict'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 Westinghouse.
(f)
It contains patentable ideas, for which patent pro.
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taction may be desirable.
(g)
It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agreements with the owner.
There are sound policy reasons behind the Westinghouse system which include the following:
I (a)
The use of such information by Westinghouse gives Westinghouse a competitive advantage over its com-petitors.
It is, therefore, withheld from disclosure
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to protect the Westinghouse competitive position.
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i AW-76-60
.i (b)
It is information which is marketable in many ways.
The extent to 'which such information is availa'ble to competitors diminishes the Westinghouse ability to,
sell products and services involving the use of the information.
(c)
Use by our competitor wo'uld put Westinghousc at a competitive disadvantage by reducing his expenditure of resources at our expense.
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(d)
Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competiitive 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 position 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 in research and development depends upon the success in obtaining and maintaining a competitive advantage.
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AW-76-60 (iii)
The information is being transmitted to the Comission in 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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(i,y)
The information is not available in public sources to the.
best of our knowledge and belief.
f (v)
The proprietary information sought to,be withhel'd in this sub-mittal is that which is appropriately marked in the attach-
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ment to Westinghouse letter number NS-CE-1298 Eicheldinger to
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Stol', dated December 1, 1117 6, concerning infomation relating z
to NRC review of WCAP-8567-P and WCAP-8568 entitled, " Improved Themal Design Procedure,' defining the sensitivity of DNB ratio to various core parameters.
The letter and attachment l
5 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.
i (c) Meet warranties.
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(d)
Provide greate,r bperational flexibility to customers f.
assuring them of safe and reliable operation.
(e) Justify increased power capability or operating margin
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for plants while assuring safe and reliable operation.
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- AW-76-60 (f.)
Optim^ize reactor design and performance while maintaining
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a high level,.of fuel integrity.
Further, the information gained frem the improved themal design procedure is of significant conrnercial value as follows:
(a) Westinghouse uses the infomation 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 ham to the competitive position of Westinghouse because competitors could utilize this information to assess and justify their own designs without connensurate 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 undenvay 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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PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/OR NON-PROPRIE DOC 11 MEN 13 FUKiISHED TO THE NRC IN CONNECTION WITH R PLANT SPECIFIC REVIEW AND APPROVAL.
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IN ORDER 10'. CONFORM 701HE RIQUIREkENTS T 10CFR2.7 RELULATIONS CONCERNING THE PROTECTION OF PROPRIETARY TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETAR CONTAING WITHIN BRACKETS AND WHDE THE PROPRIETARY INFORM DELETED IN THE NON-PROPRIETARY VERSIONS 0;LY THE BRACKETS RD!AIN, THE INFORMATION 1 HAT WAS CONTAINED WITHIN THE BRACKETS IN T
{ HAVING BEEN DELETE. THE JUSTIFICATION FOR Q. AIMING THE INFORM DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS B LETTERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPE IMMEDIATII.Y FOLLOWING THE BRACKETS ENCI.0 SING EACH ITEM OF I IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH IhTOR THESE LCWER CASE LETTERS REFER 10 INE TYPES OF INFORMATION WDTING HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE AFTIDAVIT ACCOMPANYING THIS INANSMITTAL PURSUANT 1010CFR2.79 I
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