ML20137Z528

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Requests Withholding Proprietary WCAP-10988, COBRA-NC, Analysis of Main Steam Line Break in Catawba Unit 1 Ice Condenser Containment, (Ref 10CFR2.790(b)(1))
ML20137Z528
Person / Time
Site: Catawba Duke Energy icon.png
Issue date: 11/27/1985
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Harold Denton
Office of Nuclear Reactor Regulation
Shared Package
ML19276C977 List:
References
AW-85-082, AW-85-82, NUDOCS 8512110326
Download: ML20137Z528 (10)
v • d • e


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Electric Corporation Divisions Box 355 Pittsbutgh Pennspvania 15230 0355 November 27, 1985 AW-85-082 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation _ p U. S. Nuclear Regulatory Commission J Washington, D. C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DIS 10SURE

Subject:

Topical Reports WCAP-10988 and WCAP-10989 " COBRA-NC, Analysis of Main Steam Line Break in the Catawba Unit 1 Ice Condenser Containment. "

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Reference:

Westinghouse Letter No. NS-NRC-85-3081, Rahe to Thomas, dated November 27, 1985

Dear Dr. Thomas:

The application for withholding is submitted by Westinghouse Electric Cor; oration (" 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 affidavit previously provided to justify withholding proprietary information in this matter was submitted as AW-76-45 with letter NS-EPR-2563 dated February 19, 1982, and is equally applicable to this material.

l 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.

P B512110326 8 ADOCK O 13 PDR PDR __

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AW-85-082 November 27, 1985 Page 2 Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-85-082 and should be addressed to the tndersigned.

Very truly yours, i . CL.

Robert A. Wieserr ., ger Regulatory & Legislative Affairs RH0/dmr cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC a

l PROPRIETARY INFORETION NOTICE k .

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DANS)CTTED HDEWITH ARE PROPRIETARY AND/OR NON-PROPRIE DOCUMENTS PURNISHD 70 THE NRC IN CONNECTION WITH PLANT SPECIFIC REVIEW AND APPRWAL.

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IN ORDER 70 CONFORM 70 WE RIQUIRIMENTS & 10CFR2.790 W RIDULATIONS CONCERNING WE PROTECTION & PROPRIETARY 70 THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN 1HE PROPRIET CONTAIND WIDiIN EPA 32IS AD WHEE THE PROPRIETARY INFOR -

EE.ETD IN THE DN-PROPRIETARY VERSIONS QC Y THE EPA 32 S RIvaIN, THE -

I INFOPEATION THAT WAS CONTAIND WITHIN THE BRACKITS i / HAVIN3 BEIN DE.ETED.

THE JUSTIFICATION FOR CI.AIP.'.N3 THE INFORFATION SO

( DESIGNATED AS PROPRIETARY IS IDICATD IN BCfDi VERSIO ,

. LCTERS (a) THROUGH (g) CONTAIND WITHIN PARENDiESES LOCATD AS A IMMEDIATE.Y FDL10 RING THE BRACKETS INCI.CEING EACH ITEM 0F INFDPyA IDENTIFIED AS PROPRIETARY OR IN THE MARGINTHDE OPPOSITE SU LORD CASE LETTERS REFER 10 THE TYPES & INFDPEATION HIDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0 l ,

AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT 70 i

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AFFIDAVIT CDMMONWEALTH OF PENNSYLVANIA:

ss TOUNTY 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 af Westinghouse Electric Corporation (" Westinghouse") and that the aver-ents of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

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Rooer: A. Wiesemann, Manager Licensing Programs Sworn to and subscribed befor rg this/d day .'

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AW-76-45 (1) I am Manager, Licensing Programs, in the Pressurized Water Reactor Systems 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 authorized 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

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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 4

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 the in-formation sought to be withheld from public disclosure should be

, withheld.

(1) The information sought to be withheld from puolic disclosure j

is owned and has been held in confidence by Westinghouse.

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AW-76-45

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, i (ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the pu61ic.

Westinghouse has a rational basis for determining the types of I infomation customarily held in confidence by it and, in that connection, utilizes a system to detemine when and whether to hold certain types of infomation 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, infomation is held in confidence if it falls in one or mere of several types, the release of wnien might result in the loss of an existing or potential com-petitive advantage, as follows:

(a) The infomation reveals the distinguishing aspects of a

, process (or component, structure, tool, method, etc.)

where prevention of its use by any of Westingnouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

l (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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e AW-76-45 (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 price information, production cap-acities, budget levels, or commercial strategies of Westinghouse, its customers or suppl 1ers.

(e) It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grams of potential commercial value to Westinghcuse.

(f) It contains patentable ideas, for which patent pro-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.

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

1 (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 $estinghouse competitive position.

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AW-76-45 I

(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 cur 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 p tentially I

as valuable as the total c:r;ttitive aovantage. If competitors acquire components of proprietary infor-nation, 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 a 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-76-45 (iii) The information is being transmitted to the Commission in ,

confidence and, under the provisions of 10 CFR Section 2.790, it is to be received in confidence by the Cannission.

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

4 (v) The proprietary information sought to be with' rid in this submittal is that wnich is appropriately marked in WCAP-5821,

'Tranflo Steam Generator Code Description" (Proprietary),

I being transmitted by Westinghouse Letter No. NS-CE-1219, Eicheldinger to Stolz, dated September 29, 1976. This report is being submitted pursuant to the NRC's Topical Report j Program for generic review by the Regulatory Staff and is ex-pected to be referenced in several license applications.  ;

This information enables Westinghouse to:

(a) Justify the design basis for emergency systems.

(b) Assist its customers to obtain licenses.

(c) -Optimize long-term cooling design.

l Further, this information has substantial commercial value as follows:

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(a) Westinghouse sells the use of the information to'its customers for purposes of meeting NRC requirements for licensing documentation.

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

Public disclosure of this information is likely to cause sub-stantial harm to t!.e competitive position of Westinghouse ,

because it would enable others to use the infonnation to meet  ;

NRC requirements for licensing documentation without purchasing I

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the right to use the information.  !

The development of this information is the result of many years of Westinghouse effort and the expenditure of a con-siderable sum of money.

! In order for competitors of Westinghouse to duplicate J'is infgemation, similar engineering programs would have to j be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended i for data analyses and c de development.

4 r urther the dponent sayeth not. .

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