ML20203N489
| ML20203N489 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 09/22/1986 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19292F986 | List: |
| References | |
| CAW-86-079, CAW-86-79, NUDOCS 8610090150 | |
| Download: ML20203N489 (9) | |
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(wh Westinghouse PowerSystems fbbeennemsnocass Electric Corporat,on i
Septaber 22, 1986 CAW-86-079 Pr. 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:
Transmittal of WCAPs 11269 (Proprietary) and 11270' (Non-Proprietary), " Westinghouse Setpoint Methodology for Protection Systems - Vogtle Station"
Dear Mr. Denton:
The proprietary infomation for which withholding is being requested in the enclosed letter by GP-11537 is further identified in an affidavit signed by the owner of the proprietary infomation, Westinghouse Electric Corporation. The affidavit,.which accompanies this letter, sets forth the basis on which the infomation may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Cmmission's regulations.
The proprietary material for which withholding is being required is of the same technical type as that proprietary material previously submitted as Affidavit AW-76-060.
Accordingly, this letter authorizes the utilization of the accmpanying affidavit by Southern Company Services.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-86-079, and should be addressed to the undersigned.
Very truly yours, T 0[t N kk24ts 8610090150 860929 Robert A. Wiesemann, Manager PDR ADOCK 0500 4
Regulatory & Legislative Affairs
/kk Enclosure (s) cc: E. C. Shomaker, Esq.
Office of the Executive Legal Director, NRC
1 PROPRIETARY INFORMATION NOTICE TRANSMITTEDrHEREWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/OR PLANT SPECIFIC REVIEW AND APPROVAL.
IN ORDER 10 CONFORM 101HE RIEUIREMENTS OF 10CFR2.790 0F THE COMMISSION'S REDULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SUBMI1TED TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION HAS BEEN DELETED IN THE NON-PROPRIETARY VERSIONS WLY THE BRACKETS REMAIN, THE INFORMATION 1 HAT WAS CONTAINED WITHIN 1HE BRACKETS IN THE PROPRIETARY VERSIONS HAVING BEEN DELETED. THE JUSTIFICATION FDR CLAIMING THE INFORMATION SO DESIGNATED AS PROPRIETARY IS INDICATED IN B01H VERSIONS BY MEANS OF LOWER CAS LETTERS (a) THROUGH (g) CONTAINED WITHIN PARENINE3ES LOCATED AS A SUPERSCRIPT IMMEDIATELY FOLLOWING THE BRACKETS ENCLCSING EACH ITEM OF INFORMATION BEING IDENTIFIED AS PROPRIETARY OR IN 1HE MARGIN OPPOSITE SUCH INFORMATION. THESE LOWER CASE LEITERS REFER 101HE TYPES OF INFORMATION WESTINGHOUSE CUSIDMARIL HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT 1D 10CFR2.790(b)(1).
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T, AW-76-60 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
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 Westinghouse Electric Corporation (" Westinghouse") and that the aver-ments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
lbleMifA4L4 Robert A. Wiesemann, Manager Licensing Programs Sworn to and subscribed before,methisM day of Ibbxbl 1976.
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Notary Public,,,
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. AW-76-60 (1) I am Manager, 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 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 2.790 of the Commission's regulations and in con-junction with the Westinghouse application for withholding ac-companying this Affidavit.
l (3) I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Energy Systems in designating in' formation 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 in-formation 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 confidence by Westinghouse.
. 1 AW-76-60 (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 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, information is held in confidence if it fclls in enc cr more of several tynei, the release of which might result in the loss of an existing or potential com-petitive advantage, as follows:
(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.
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f AW-76-60 (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 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 development plans and pro-groms of potential commercial valua tn 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.
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-peti tors.
It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
F. 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 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 t'he 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.
F-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 belief.
(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, Eicheldinger to Stolz, dated December 1,1976, concerning information relating to NRC revicu of WCAP-8567-P and tJCap-8%8 entitled. " Improved Thermal Design Procedure," defining the sensitivity of DNB ratio to various core parameters. The letter and attachment 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.
(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 operation.
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! AW-76-60 (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:
(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 centingent 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.
i Further the deponent sayeth not.
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