ML20198E671

Requests That Proprietary Rev 1 to NSA-SSO-96-524, Jm Farley Nuclear Plant IR Neutron Flux Reactor Trip Setpoint Change, Be Withheld from Public Disclosure,Per 10CFR2.790

ML20198E671
Person / Time
Site:	Farley
Issue date:	02/10/1997
From:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Collins S NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20070L114	List: ML20198E653 ML20198E662 ML20198E671 ML20198E843
References
CAW-97-1077, NUDOCS 9801090187
Download: ML20198E671 (9)

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Westinghouse Energy Systems Electric Corporation u, m

, Pmsbc Pevspea 15230 0355 February 10,1997 CAW 971077 Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555 Attention: Mr. Samuel 1.. Collins APPLICATION FOR WIT 11110LDING PROPRIETARY INFORMATION FROM PUl3LIC DISCLOSURE

Subject:

" Joseph M. Farley Nuclear Plant Safety Analysis Intermediate Range Neutron Flux Reactor Trip Setpoint Change," NSA SSO-96-524, Rev. l(Proprietary)

Dear Mr. Collins:

The proprietary information for which withholding is being requested in the above-referenced report is further identined in Affidavit CAW-971077 signed by the owner of the proprietary information, Westmghouse Electric Corporation. The affidavit, which accompanies this letter, sets forth the basis on which the information may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10 CFR Section 2.790 of the Commission's regulations.

Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Southern Nuclear Operating Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse af0 davit should reference this letter, CAW 971077, and should be addressed to the undersigned.

Very truly yours, s

N. ;%parulo, Manager Equipment Design and Regulatory Engineering Enclosures cc: Kevin 11ohrer/NRC (12115) 9001090187 971231 PDR ADOCK 05000340 P PDR zucmu mm

Proprietary Information Notice J

Transmitted herewith are proprietary and/or non-proprietary versions of documents furnished to the NRC in connection with requests for generle and/or plant specific review and approval.

In order to conform to the requirements of 10 CFR 2.790 of the Commission's regulations concerning the protection of proprietary information so submitted to the NRC, the information which is propr'etary in the proprietary versions is contained within brackets, and where the proprietary information has been deleted in the non-proprietary versions, only the brackets remain (the information that was contained within the brackets in the proprietary versions having been deleted).

De justi0 cation for claiming the information so designated as proprietary is indicated in both versions by means of lower case letters (a) through (f) contained within parentheses located as a superscript immediately following the brackets enclosing each item of information being identified as proprietary or in the margin opposite such information. These lower case letters refer to the types of information Westinghouse customarily holds in confidence identified in Sections (4)(ii)(a) through (4)(11)(1) of the af0 davit accompanying this transmittal pursuant to 10 CFR 2.700(b)(1).

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t Copyright Notice The reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copies of the information contained in these reports which are necessary for its internal use in connection with generic and plant-specine reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 2.790 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection notwithstanding. With respect to the non-proprietary versions of these reports, the NRC is permitted to make the number of copies beyond those necessary for its internal use which are necessary in order to have one copy available for public viewing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as may be required by NRC regulations if the number of copics submitted is insufficient for this purpose. Copies made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identined as proprietary.

C CAW-971077 AFFIDAVIT COMw . WEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared Nicholas J. Liparulo, 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 Affidavit are true and correct to the best of his knowledge, information, and belief:

s Nicholas J. I aruto, Manager Equipment Design and Regulatory Engineering Sworn to and subscribed befor me thi //rI _ day i >. wwM- ,1997 8 r

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.~ 3- CAW 97-1077 (1) I am Manapt, Equipment Design and Regulatory E igineering, in the Nuclear Services Division, of the Westinghouse Electric Corporation and as such, I have been specifically delegated the function of revicwing 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 withholding on behalf of the Westinghouse Energy Systems Businais Unit.

(2) I am making this Affidavit 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 Af0 davit.

(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 conndential commercial or Gnancia! 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.

(i) The information sought to be withheld from public disclosure is owned and has been held in con 0dence by Westinghouse.

(ii) The information is of a type customarily held in confidence by Wes 'nghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining the types of information customarily held in con 0dence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in 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 con 0dence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage, as follows:

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.- -3 CAW 971077 (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 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.

(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

d It reveals aspects of past, present, or future Westinghouse or customer funded (e) development plans and programs of potential commercial value to Westinghouse.

(f) It contains patentable ideas, for which patent protection may be desirable.

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 competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

(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.

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-4 CAW 971077 (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 information, r.ny 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 competitive advantage.

(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 confidence by the Commission.

(iv) The information sought to be protected is not available in public sources on available information has not been previously employed in the same original manner or method to the best of our knowledge and belief.

(v) Thu proprietary information sought to be withheld in this submittal is that which is appropriately marked in " Joseph ht. Farley Nuclear Plant Safety Analysis Intermediate Range Neutron Flux Reactor Trip Setpoint Change", NSA-SSO-96 524, Rev. I, (Proprietary), December,1996 for Joseph bl. Farley Units 1 and 2, being transmitted by the Southern Nuclear Operating Company (SNC) letter and Application for Withholding Proprietary Information from Public 0;alosure, to the Document Control Desk, Attention hir. Samuel L. Collins. The proprietary information i.s submitted for use by SNC for the J. ht. Farley Units I and 2 is expected to be vam num

e' 5- CAW-97-1077 applicable in other !!censee submittals in response to certain NRC requirements for justification of revising the intermediate range neutron flux reactor trip setpoint. .,

This information is part of that which will enable Westinghouse to:

(a) Provide documentation of the current intermediate range (IR) reactor trip -

\{ uncertalnties, (b) Provide the inethod for applying the test data for use :n uncertainty calculations for the revised IR setpoint.

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(c) Assist the customer in obtaining NRC approval.

Further this information has substantial commercial value as follows:

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(a) West!nghouse plans to sell the use of similar information to its customers for purposes of revising the IR neutron flux reactor trip setpoint.

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(b) Westinghouse can sell support and detense of the metho61ogy in the licensing r process.

Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westirghouse because it would enhance the ability of competitors to provide similar methodologies and Ikeming defense services for commercial power reactors without commensurate expenser. Also, public disclosure of the information would enable others to use the inforrratiarrto meet NRC requirements for licensing docume1tation without purchasing the right to use the information.

The development of the technology described in part vy 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 o+' money.

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." CAW-971077 in order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would hr.ve to be expended for developing the methodology,

)  : Further the deponent sayeth not.

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