ML20151H772

Application for Withholding Proprietary Info Re Westinghouse Reactor Protection Sys/Esf Actuation Sys Setpoint Methodology (Ref 10CFR2.790)

ML20151H772
Person / Time
Site:	McGuire
Issue date:	04/04/1983
From:	Wieseman R, Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Adensam E, Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19268B539	List: ML20151H767 ML20151H772
References
AW-76-60, CAW-83-25, TAC-49164, NUDOCS 8305050288
Download: ML20151H772 (8)

Text

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O Westinghouse Water Reactor Nuclear Technology Division Electric Corporation Divisions sex 333 P!ttSDurgh ?ennsylvania 15230 April 4, 1983

. CAW-83-25 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Camu.ssion Washington, DC 20555 ATI'ENTICN: Ms. E. G. Adensam, Chief Licensing Branch No. 4 APPLICATICE EOR hrnitfaLDING PROPRIEIARY INFOR1%TICN FRai PUBLIC DT.SCT.OSURE

REFERENCE:

Duke Power Coupany letter dated March 14, 1983

Dear Mr. Denton:

'Ihe proprietary material for which withholding is being requested by the Duke Power Canpany is further identified in an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation.

h proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously subiu.tted with application for withholding AW-76-60. h affidavit AW-76-60 subnitted to justify the previous material is equally applicable to this material.

It is respectfully requested that the infonnation which is proprietary to Westinghouse and which is further identified in the affidavit be withheld fran public disclosure in accordance with 10CFR Section 2.790 of the Ccmmission's regulations.

Accord.ingly, this letter authorizes the utilization of the accxinpanying affidavit in support of the Duke Power Canpany.

l Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghause affidavit should reference this letter, CAW-83-25, and should be addressed to the undersigned.

Very truly yours, Rooert A. Wiesenann, Manager _

Regulatory & Iegislative Affairs

/dlb cc: E. C. Shanaker, Esq.

Office of the Executive Legal Director, NRC

. 8305050288 830426 e PDR ADOCK 05600369 P PDR

AW-76-60

• AFFTDAVIT C0!7:0fiWEALTH OF PEliNSYLVANIA:

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. COUtiTY OF ALLEGHEllY:

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 Wertinghouse Electric Corporation (" Westinghouse") and that the aver-ment', of fact set forth in this Affidavit are true and correct to the best of his knowledge, info'rmation, and belief:

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- Robert A. Wiesemann, Manager Licensing Programs Sworn to and subscribed before,me this 8 ut day af I'{'ibablU 1976.

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AW-76-60 (1) I am kanager, 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 authoriied 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 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 as a trade. secret, privileged or as confidential commercial or

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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 wi thheld.

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

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. 1 (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 informayion in confidence. The ap-plication of that system and the substance of that system

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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 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 a

- - competitive econcaic advantage, e.g. , by optimization or improved marketabili ty.

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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, manuf~acture, 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 suppliers.

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

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

tection 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.

I 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 ccm-petitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

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(b) It is information which is marketable in many ways.

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The extent to 'which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the infonnation.

(c) Use by our competitor wo'uld put Westinghouse at a comp'etitive 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 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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79 AW-76-60 (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 Commission.

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

(v) The proprietary information sought to be withheld in this sub-mittal is that which is appropriately marked in the attach-ment to Westinghouse letter number NS-CE-1298, Eicheidinger to Stali, dated December 1,1976, concerning information relating to NRC review of WCAF-8567-P and WCAP-8568 entitled, " Improved Thermal Design Procedure," defining the sensitivity of DNS ratio to various core parameters. The letter and attachment

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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.

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l (c) Meet warranties.

(d) Provide greater- operational flexibility to customers

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assuring them of safe and reliable operation.

l (e) Justify increased power capability or operating margin for plants while assuring safe and reliable operation.

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(f) Optimize reactor design and performance while maintaining a high level of fuel integrity.

Further, the information gained from the improved thermal design procedure is of significant commercial value as follows:

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s (a) Westinghouse uses the information 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 harm to the competitive position of Westinghouse because competitors could utilize this information to assess and justify their own designs without commensurate 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 underway 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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