ML20195B768
| ML20195B768 | |
| Person / Time | |
|---|---|
| Site: | Byron, Braidwood, 05000000 |
| Issue date: | 09/26/1988 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20195B756 | List: |
| References | |
| CAW-88-101, NUDOCS 8811020193 | |
| Download: ML20195B768 (11) | |
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v Westinghouse Power Systems m eu technett u Electric Corporation 45'855 **5
- Bc 355 P3sbur@ Pennstvaraa 15230 0355 Sept. 26, 1988 CAW-88-101 Dr. Romas Murley, Lirector Office of Nuclear femtor Regulation U.S. Nuclear Regulawry Commission Washington, D.C.
20555 APPLICATION FOR WITHHOLDIfK) PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
Commonwealth Edison report "Steam Generator Tube Rupture Analysis for Byron and Braidwood Plants" (proprietary)
Dear Dr. Murley:
The proprietary material for which withholding is being requested in the enclosed letter by Commonwealth Edison is further identified in an affidavit signed by the owner of the proprietary infonnation, Westinghouse Electric Corporation. The affidavit, which accompanies this letter, sets forth the tasis on which the information may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (t)(4) of 10CFR Section 2.790 of the Commission's regulations.
The proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously submitted as Affidavit AW-76-031.
Accordingly, this letter authorizes the utilization of the acccrnpanying affidavit by Comonwealth Edison.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-88-101, and should be addressed to the undersigned.
Ver ruly yours, b
NM$4L4 o 'rt A.
esemann, Manager
/dmr Regulatory & Legislative Affairs -
Enclosure (s) cc:
E. C. Shomaker, Esq.
Office of the General Counsel, NRC 8811020193 8G1021 PDR ADOCK 05000454 P
m PROPRIETARY Ih70PyATION NOTICE i
TRANSMITTED HDEWITH ARE PROPRIETARY AND/OR NON-PROPRIETA DOCUMDiTS FURNISHED TO THE NRC IN CONNECTION WITH RE
?LAhT SPECITIC REVIEW AND APPROYAL.
L-IN ORDER ID C0h70RM 70 THE REQUIRDEhTS 710CTR2.790 & THE CO PCULATIONS CONCERNING THE PROTECTION OF PROPRIETARY TO THE NBC, THE Ih70RMATION WHICH IS PROPRIETHY IN THE PROPRIETARY VER CONTAINED WITHIN BRACKETS AND WHDE THE PROPPJITARY INF0FAT DD.ETD IN THE NON-PROPRIITARY VDSIONS GC.Y THE BRACKETS RDRIN, THE IhTOVATION THAT WAS CONTAINED WITHIN THE BRACXITS IN THE HAVING BEDJ DD.ETD. THE JUSTIFICATION FVR CLAIMING THE INF0FA DESIDNATED AS PROPRIETARY IS INDICATE IN BCTIH VERSIONS BY LCTDS (a) THROUGH (g) C0hTAINED WITHIN PARDiTHESES LOCATED AS A SUPDSCR IMMEDIATILY FOU.0 WING THE BPACXETS DiCI.0 SING EACH ITEM OF Ih EENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH IATOFA THESE LCWD CASE LETTERS REFER 70 THE TYPES OF Ih70FATION WESTING HOLOS IN CONFIDDiCE EEhTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE AF72 DAVIT ACCOMPAhTING 7HIS TRANSMITTAL PURSJAhT 'fD 10CFP2.
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AW 76-31 AFFIDAVIT COP 9CNWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
I Sefore 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-sents of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
N W dtbtt Robert A. Wiesemann. Manager Licensing Programs 0
Sworn to and subscribed befo his
'.f day of 1976.
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Motary Public a
- a...noi toontt m Cosamen DAtu APA.1s.'1SN
. AW 76-21 (1) I am Manager. Licensing Prograes. in the Pressurfred Water Ranctor I
Systems Division, of Westinghouse Electric Corporation.and as such.
I have been specifically delegated the function of Mviewing 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 10 CFR Section 2.793 cf the Comission's regulations and in con-junction with the Westinghouse application for withholding ac-companying this Affidavit.
(3) I have personal knowledge of the vitaria and procedures utilized by Westinghouse Nuclear Energy Systees in designating information as a trade secret, privileged or as confidential comercial or financial information.
O (4) Pursuant to the provistorts of paragraph (b)(4) of Section 2.790 of the Caission'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.
(1) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
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. AW 76-31 o(
(11) The information is of a type customarily held in confident.e by Westinghouse and not customarily disclosed to the public.
Westinghouse has a rational basis for deterwining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold :ertain types of information in confidence.
The application of that system and the substance of that 1
system constitutes Westinghouse policy and provides the rational basis required.
l Under that syste'm. information is held in confidence if it falls in one or more of several types, the niease of which might result in the loss of an existing or ptantial com-petittve advantage, as follows:
(a) The information reveals the distinguishing aspects of I
a process (or component. structure, tool, method, etc.)
where privantion of its use by aty of Westinghouse's.
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.om,etitors ithout iicense from Wesie,sovse consii.
i tutes a competttive economic advantage over other companies.
j (b) It consists of supporting data. including test data, i
relative to a process (or component, structure, tool.
method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization er improved marketability.
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(c) Its use by a competitor would reduce his expenditure of resources or improve his cometitive position in tht design, manufacture, shipment. installation."assurane of quality or licensing a similar product.
(s) It reveals cost or price information, production cap-acities, budget levels, or comercial strategies of Westinghouse its customers or suppliers.
(e) It reveals aspects of past, present, or future West-inghsne or customer funded development plans and pro-grams of potential comercial value to Westinghouse.
(f) It contains patentable ideas, for which patent pro-taction may be destrable.
(g) It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to h
agreements with the owner.
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 com-petitors. It is, therefore, withheld from disclosure to, protect the Westinghouse competitive position.
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. AW 76-31
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(b) It is information which is marketable in may 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 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 infer-nation, a v one component may be the key to the entirp puzzle. thereby depriving Westinghouse of a coepetitive advantage.
C (e) unrestricted disciosure wooid scopardize the peutim of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition l
in those countries.
(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success 1
in obtaining and maintaining a competitive advantage.
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, AW-76-31 1
(111) 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.
(iv) The information is not available in public sources to the best of our knowledge and belief.
(v) The proprietary infonnation sought to be withheld in this submittal is that which is appropriately marked in the attach-ment to Westinghouse letter No. NS-CE-1142. Eiche1dinger to Eisenhut dated July 27. 1976 concerning nproductions of view-graphs used in the Westinghouse presentation to the NRC during the meeting on July 27. 1976 on the subject of Westinghouse Reload Safety Evaluation Methodology.
This information enables Westinghouse to:
(a) Jatify the design for the reload core O
(b) Assist its customers to obtain Itcenses (c) Meet contractual requirements (d) Provide greater flexibility to customers assuring them i
of safe and reliable operation.'
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. AW 76-31 i
Further. this information has substantial comercial value as follows:
(a) Westinghouse sells the use of the information to its customers for purposes of. meeting Wtc requirements for Ifeensing docunentation.
(b) Westinghouse uses the information to perfo m ano' justify analyse 3 which are sold to customers.
(c) Westinghouse uses the informt, tion to sell nuclear fuel and related services to its customers.
Pubite disclosure of this infomation is likely to cause sub-stantial hann to the competitive position of Westinghousi in selling nuclear fuel and related services.
O Westin> house ret ><ns a ariesin, ad<antaie by virtue of the knowledge, experience and competence it has gained through long involvement and considerable investment in all aspects of the nuclear power generation industry. In particular Westinghouse has developed a unique understanding of the factors and parameters which are variable in the process of design of nuclear fuel and which do affect the in service performance of the fuel and its suitability for the purpose for which it was provided.
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=b AW-76-31 In all cases that purpose is to generate energy in a safe and efficient manner while enabling the operating nuclear gener-ating station to meet all reguistory requirements'affected by the core loading of nuclear fuel. Confidence in being able to accomplish this comes from the exercise of judgement based on expertence.
Thus, the assence of the competitive advantage in this field lies in an understanding of which analyses should be perfonned and in the methods and models used to perform these analyses.
A substantial part of this competitive advantage will be lost if the competitors of Westinghouse are able to use the results of the Westinghouse experience to nonnalize or verify their own process or if they are able to claim an equivalent under-standing by demonstrating that they can arrive at the same or similar conclusions. Its use by a coepetitor would reduce his axpenditure of resources or improve his competitive position in the design and licensing of a similar product.
This'information is a product of Westinghouse design technology.
As such. it is troadly applicable to the sale and licensing of fuel in pressurized watar reactors. The development of this information is the result of marty years of Westinghouse effort and the expenditure of a considerable sun of money. In order for competitors of Westinghouse to duplicate this process i
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would require the investment of substantially the sami ascuht of effort and expertise that Idestinghouse possesses and which was acquired over a period of sort than fifteen years and by the investment of millions of dollars.
Further the deponent sayeth not.
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