ML20154R965

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Authorizes Utilization of Accompanying Affidavit by Public Svc of New Hampshire Re Request for Withholding Proprietary Info from Public Disclosure (Ref 10CFR2.790) Per Ltr Dtd Feb 1986
ML20154R965
Person / Time
Site: Seabrook  NextEra Energy icon.png
Issue date: 01/29/1986
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Harold Denton
Office of Nuclear Reactor Regulation
Shared Package
ML19277J345 List:
References
RTR-NUREG-0896, RTR-NUREG-896 AW-76-60, CAW-86-009, CAW-86-9, NUDOCS 8603310259
Download: ML20154R965 (9)
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Text

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W 0me BSctfic C0fp0fstl0n Water Reactor Divisions 

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                                                                                                                        .lanuary 29, 1986 CAW-86-009                      .
                        . Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S.. Nuclear Regulatory Comission Washington, D.C.                       20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Westinghouse Setpoint Methodology for Protection Systems, Seabrook Station

Reference:

Letter f rom Public Service of New Hampshire, February 1986

Dear Mr. Denton:

The proprietary material for which withholding is being requested in the reference letter by Public Service of New Hampshire is further identified in an affidavit signed by the owner of the proprietary information. Westinghcuse Electric Corporation. The affidavit, which accompanies this letter, sets , forth the basis on which the information may be withheld from public l 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. l 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-85-066. Accordingly, this letter authorizes the utilization of the accompanying affidavit by Public Service of New Hampshire. Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse af fidavit should reference this letter, CAW-86-009, and should be addressed to the undersigned. Very truly yours, l Q-{G AL dlAU.&M V Robert A. Wiesemann, Manager Regulatory & Legislative Affairs ___ /bek/1197n - Enclosure (s) cc: E. C. Shomaker, Esq. Office of the Executive Legal, Director, NRC f.

f PROPRIETARY I E D M TION NDTICE , f. _ i  ; l TRANSFlTTED.HDEWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY TDSIONS E' . k D03] MEN 75 PURNISHED TO THE NRC IN CONNECTION WITH RICUDTS FDR CD'ERIC AND/OR

PLANT SPECFIC REVIEW AND APPROVAL.

IN ORDER 10 CONFORM 10 THE RICUIREMENTS E 10CFR2.790 W THE COMKISSION'S I RESULATIONS CONCERNIC WE PROTECTION & PROPRIITARY INFORMATION 30 SUBMITTED 

 ,.                               TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN DE PROPRIETARY YERSIONS IS j                                CONTAIND WITHIN BMCKETS AC WHD.E THE PROPRIITARY INFOMTION HAS SEEN
                             ,    DELETD IN THE NON-PROPRIETARY VDSIONS DC.T THE BMCKETS REMAIN. THE                                                       -

INFORMATION THAT WAS CONTAINED WITHIN THE BMCKETS IN THE PROPRIETARY VERSION i MAVING BEDi DII.ETED. THE JUSTIFICATION FOR (1.AIMINO THE INFORMATION B0 'f . DESI*NATD AS PROPRIETARY IS ICICATD IN BOTH VERSIONS BY MEANS W LOWD CASE LEITUS (a) THROUGH (g) CONTAINED WIDi1N PARENTHESES [.0CATED AS A SJPERSCRIPT 

                       .                                                                                                                                                               )
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IMMEDIATE.Y FOLLtWIN3 THE BRACKETS SQ.05ING EACH ITD( OF INFORMATION BDNG D 1 

                    ,  .. .I'INTIFE0
                            ,                                  AS PROPRIITARY OR IN THE MARGIN OPPOSITE SUQi INFORMATION. THESE
                 . ~ $$'D CASE LE7TERS REFER TO THE TYPD & INFORMATION VDTICHOUSE CUSTOMARILY
                     ~

holts IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (4)(11)(g) 0F THE 1 y ATTICAVIT ACCOMPANTIE THIS TRANSMITTAL PURSUAh7 70,10CFR2.790(b)(1). a I r

  • l AW-76-60 -

l AFFIDAVIT- ... r C0!"'.0fiWEALTH OT PEl;NSYLVANIA: ss 

   .                 COUtiTY OF ALLEGHEliY:                                                                                      .

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 blestinghouse Electric Corporation (" Westinghouse") and that the aver-ments of fact set forth in this Affidavit are true and correct to the best of his knot: ledge, information, and belief: 

      /                               .

Y b<d  : ' b' '.'Ld.%t'- 

                                                                           -  Robert A. Wiesemann, Haniger Licensing Programs Sworn to and subscribed
                                          /      day I before,me thisi
of }itarblU
  • 1976.

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                            ' f ((bL b'     1 04     L*/              ,
                        '/   .

Notary Public .,, e I s e- g M e e e

  • 4

AW-76-60 (1) I am Manager, Licensing Programs, in the Pressurized Water Reactor Systems Division, of 1!cstinghouse Electric Corporation and as such, J have been specifically delegated the function of reviewing the proprietary information sought to be withheld frcm public dis- - closure in connection with nuclear power plant licensing or rule-making proceedings, and am authorized to apply for its withholding bn behalf of the 1!cstinghouse !! ster P.eactor Divisions. (2) , I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.790 of the Commission's regulaticns and in con- 

                             . junction with the liestinghouse application for withholding ac-companying this Affidavit.
       !              (3)     I have person;;l kno.;1cd;; of the critoria and procedures utilized by liesting'iouse !!uclesr Energy Systu:r. in de:ipatirig infer.;ction
    ~

as a trade secret, privileged cr as confidential comcreiai or financial informatian. (4) Pursuant to the prov.sions of paragraph (b)(4) of Section 2.790

  • of the Commission's regulations, the following is furnished for l

c6nsideration by the Commission in determining whether the in- 

                 ,   ,' formation sought to be withheld from public disclosure should be                                        ;

i 

                           . withheld.                                                                                          !

(i) The information sought to be withheld'from public disclosure is owned and has been held in confidence by 11estinghouse. e. e e 

  .               .                                                                                             l
  -                                                                                        AW-7G-60 l

(ii) The information is of a type customarily held in confidence by Westinghouse and no't customarily disclosed to the public. Westinghouse has e rational basis for determining the types of information customarily held in confidence by it and, in that . connection, utilizes a system to determine sten and whether to hold certain types of information 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, informatien 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- 

        /                             p'etitive cdvantage, as follows:

(a) The information reveals the distinguishing aspects of c 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 econcmic 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. e W l e G

  • 4 e ,

l. AW-76-60 (c) Its use hy a competitor tould 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 suppliers. (e) It reveals aspects of past, present, or future llest-inghouse or customer funded development plans and pro-grams of potential commercial value to Westinghouse. 

         /

ff) It contains petentrbic id:as, for which patent pro-tection may be desirebic. (g) It is not the property of Westinghouse, but must be treated as proprietary hy Wastinghouse according to ] agreements with the owner. There are sound policy reasons behind the WestinDhouse 

                                  ..~                                                     system which include the following:

.I .- (a) The use of such information hy Westinghouse gives We'stinghouse a competitive advantage over its com-petitors. It is.* therefore, withheld from disclosure to protect the Westinghouse competitive position. h e i 

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_ _ _ _ _ _ . _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ . _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _._.____.__.___________A e ._A_.___

AW-76-60 

  ,,-                               (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 2 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 adecntage. 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.

l (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.
                   .      n.
        ,.   .-                      (f) The Westinghouse capacity to invest corporate assets in research and development depends uprn the success                             ,
                                       . in obtaining and maintaining a competitive advantaDe.

1 . i O 

        .f 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 Commission.                                            '

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

                                                   '(v)   The proprietary information sought to be withheld in this sub-mittal is that which is appropriately marked in the attach-ment to !!estinghouse letter number NS-CE-1298 Eiche1dinger to Stolz, dated December 1,1976, concerning information relcting to NRC review of WCAP-C5G7-P and W AP-8563 cntitled, " Improved Thermal Design Procedure," defining the sensitivity of D; S
                           !                               ratio to various core parcmeters. The letter and attachTent                                                 '

are being submitted in response to the NRC request at the October 29, 1976 HRC/ Westinghouse meeting. This information encbles Westinghouse to: (a) Justify the Westinghouse design. 

                                              ~ '

(b) Assist its customers to obtain licenses. (c) Meet warranties. , (d) Provide greater operational flexibility to customers assuring them of safe and reliable operation. (e) Justify increased power capability or operating margin for plants while assuring safe and reliable opera. tion. . 4 l 1 

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                                                                        ,                                               AW-76-60 4

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

                                                                               .l s'

Further, the information gained frcm the improved thermal - . design procedure is of significant commercial value as follows: (a) Westinghouse uses the infomation to perform and justify analyses which are sol.d to customers. (b) Westinghouse sells analysis services based upon the , I experient.c gained and the methods developed. Public disclosure of this information concerning design pro- 

         /                                          ~cedures is likely to cause substantial harm to the competitive                                                     '

ptsition of Wes'.ir.ghouse'because cjo:petitors could utilize this infomation to assess and justify their otin designs 

    -                                               witnout commensurate expanse.-

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 undeniay during the past two years.

Altogether, a substantial amount of money and effort has been expended by 1.'estinghouse which could only be duplicated by a competitor if he were to invest similar sums of money and pro-l vided he had the appropriate talent available. Turther the deponent sayeth not. 6 y M 4 4 6 2 

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