ML20148M731
| ML20148M731 | |
| Person / Time | |
|---|---|
| Site: | 05200003 |
| Issue date: | 06/10/1997 |
| From: | Mcintyre B WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML20148M735 | List: |
| References | |
| AW-97-1113, NUDOCS 9706250146 | |
| Download: ML20148M731 (9) | |
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Westinghouse Energy Systems Box 355 Electric Corporation Pinsburgh PennsyNania 15230-0355 AW-97-1113 June 10,1997 Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555 AlTENTION:
T. R. QUAY APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
SUBJECT:
TRANSMITfAL OF AP600 DESIGN CERTIFICATION PROGRAM SPES-2 FACILITY DESCRIPTION REPORT," WCAP-14073, REV I
Dear Mr. Quay:
The application for withholding 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 confi jence.
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-lll3 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-97-1113 and should be addressed to the undersigned.
Very truly yours, A
d Brian A. McIntyre, ian ger Advanced Plant Safety and Licensing jml cc:
Kevin Bohrer NRC 12E20 9706250146 970610 PDR ADOCK 05200003 A
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6 AW-97-1113 4
- i AFFIDAVIT i
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i COMMONWEALTIl OF PENNSYLVANIA:
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COUNTY OF ALLEGilENY:
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Before me, the undersigned authority, personally appeared Brian A. McIntyre, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation (" Westinghouse") and that the averments of fact set forth in this i
Affidavit are true and correct to the best of his knowledge, information, and belief:
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Brian A. McIntyre, Manager i
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Advanced Plant Safety and Licensing
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Sworn to and subscribed
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before e this,/,2 4 day of
/M 1997 NotarialSeal q
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AW-97-I l l3 (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 speci6cally delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing and rulemaking proceedings, and am authorized to apply for its withhold' w. on behalf of the Westinghouse Energy Systems Business Unit.
(2)
I am making this AfHdavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in conjunction with the Westinghouse application for withholding accompanying this Affidavit.
(3)
I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems Business Unit 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 the information sought to be withheld from public disclosure should be withheld.
l (i)
The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
(ii)
The information is of a type customarily held in con 0dence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining 3
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
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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 several I
types, the release of which might result in the loss of an existing or potential j
i competitive advantage, as follows:
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AW-97-1113 (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 i
a competitive economic advantage, e.g., by optimization or improved marketability.
(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.
i (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 commercial value to Westinghouse.
(f)
It contains patentable ideas, for which patent protection may be desirable.
l There are sound policy reascns behind the Westinghouse system which include the following:
(a)
The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
(b)
It is infonnation 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.
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AW-97-1113 (c)
Use by our competitor would put Westinghouse at a competitive disadvantage
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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 competition of those countries.
(f)
The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a i
competitive advantage.
1 (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 con 0dence 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-97-5142, May 22,1997 being transmitted by Westinghouse Electric Corporation @ letter and Application for Withholding Proprietary Information from Public Disclosure, Brian A. McIntyre (W), 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 forjustification of licensing advanced nuclear power plant designs.
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l AW-97-Il 13 This information is part of that which will enable Westinghouse to:
(a)
Demonstrate the design and safety of the AP600 Passive Safety Systems.
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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.
(e)
Assist customers in obtaining NRC approval for future plants.
Further this information has substantial commercial value as follows:
(a)
Westinghouse plans to sell the use of similar information io 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 1
the licensing process.
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-97-1113 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, h.ving the requisite ta;ent and experience, would have tc a expended for developing analytical
. methods and receiving NRC approval for those methods.
Further the deponent sayeth not.
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Enclosure I to Westinghouse Letter NSD-NRC-97-5142 1
May 22,1997 l
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SPES FDR errata NSD-NRC-97-5142 DCP/NRC0883 9
R rson Affected Changes Pages RAI 440.411/OITS 2577 2.6 1 In second sentence, " main feedwater(MFW) isolation valves" changed to " main steam line isolation valves."
in third sentence, " main steam line isolation valves" changed to
" main feedwater (MFW) isolation valves."
RAI 440.431/OITS 2638 2.6-18 Break device description changed from cold leg-B2 to DVI-B.
RAI 440.431/OITS 2638 2.6-29 Break device description changed from DVI-B to CL-BL-B.
RAI 440.431/OITS 2638 2.6-45 Break device description changed from cold leg-B2 to SG-B i
tube.
Break device description chankd from cold leg-B2 to SG-B l
RAI 440.431/OITS 2638 2.6-51 tube.
l RAI 440.431/OITS 2638 2.6-56 Break device description changed from cold leg-B2 to steamline-A.
RAI 440.414/OITS 2580 4.1.2-11
" Average Cold-Leg Temperature" changed to "llot-Leg Temperature" in first column.
j Estimated lleat Losses column revised.
l Equation in Note 4 and where statement revised to reflect HL temperature, j
RAI 440.415/OITS 2581 4.1.2-12 Heat capacities in Component Heat Capty. column revised.
Y Editorial 4.1.2-13 Last two columns widened to fit titles.
l RAI 440.418/OITS 2584 4.2.4-5
[550](a,b,c) seconds changed to [580](a,b,c seconds.
I RAI 440.420/OITS 2586 4.2.5-12 (2250](a,b,c) seconds changed to [2200](a,b,c) seconds.
l RAI 440.420/OITS 2586 4.2.5-13
[2200)(a,b,c) seconds changed to approximately [2200](a,b,c)
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seconds.
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2300 seconds changed to 2170 to 2450 seconds, and l
[2600](a,b,c) seconds changed to [2450](a,b,c) seconds.
RAI 440.421/OITS 2587 4.2.6-2
[141](a,b,c) kW changed to [192](a,b,c) kW.
RAI 440.422/OITS 2588 4.2.6-2 (until ADS-1) changed to (shortly after ADS-1 actuation)
RAI 440.422/OITS 2588 4.2.6-4
[249](a,b,c) seconds changed to [241](a,b,c) seconds.
RAI 440.422/OITS 2588 4.2.6-12 Two paragraphs describing PRHR HX operation replaced.
RAI 440.422/OITS 2588 4.2.6-15 Accumulator flow initiation actual times corrected.
j RAI 440.430/OITS 2596 4.2.12-1 Paragraph describing pressurizer heater operation and RCS depressuriztion revised.
RAI 440.429/OITS 2595 4.2.12-3
[3600](a,b,c) seconds changed to [2900](a,b,c) seconds.
RAI 480.238/OITS 2103 D-15 Flow instrument F-B40E added to Table D-2.
RAI 440.409/OITS 2575 E-3 Sampling frequency changed from 1.0 Hz to 2.0 Hz.
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