ML20205H357

Requests Proprietary Resistance Temp Detector Bypass Elimination Licensing Rept for McGuire Units 1 & 2 Be Withheld (Ref 10CFR2.790)

ML20205H357
Person / Time
Site:	Mcguire, McGuire
Issue date:	09/19/1985
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19344C184	List: ML20205H332 ML20205H357 ML20205H377 ML20205H390
References
CAW-85-062, CAW-85-62, NUDOCS 8511150115
Download: ML20205H357 (9)

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Westingtiouse Water Reactor Bc"355 Pinsburgh PennsyNania 15230 0355 Electric Corporation Divisions September 19, 1985 CAW-85 062 Pr. Harold R. Denton, Director Office of Nuclear Reactor Regulation '

U. S. Nuclear Regulatory Commission -

Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DIS 10SURE

Subject:

McGuire Units 1 and 2 RTD Bypass Elimination Licensing Report

Reference:

Duke Power Company letter dated September,1985

Dear Mr. Denton:

The proprietary traterial for which withholding is being requested in the reference letter by Duke Power Company is further identified in an affidavit signed by the owner of the proprietary information, Westinghouse 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 10CFR Section 2 790 of the Corrrnission's regulations.

The proprietary traterials for which withholding is being requested is of the same technical type as that proprietary traterial previously submitted with Application for Withholding AW-76-60.

Accorcingly, this letter authorizes the utilization of the accompanying affidavit by Duke Power Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-85-052, and should be addressed to the tndersigned.

Very truly yours, Robert A. Wiesemann, Manager Regulatory & Legislative Affairs RH0:pj

_ Enclosures ___

cc: E. C. Shorraker, Esq.

Office of the Executive Legal Director, NRC BS11150115 831029 PDR ADOCK 05000369 P PDR

PROPRIETARY INF0 FATION NOTICE TRANSMITTED HDEWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VDSIONS OF DOC 11MENIS FURNISHED 10 THE NRC IN CONNECTION WITH REQUESTS FOR GDiERIC A PLAh7 SPECIFIC REVIEW AND APPROVAL.

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IN ORDER 10 CONFORM TO THE RIQUIRDENTS W 10CFR2 790 W THE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION W PROPRIETARY INFORMATION 30 SUBMIT

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70 INE NRC, THE INFDPATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS' AND WHDE THE PROPRIETARY INF0FATION HAS BEEN ,

DELETED IN 1HE NON-PROPRIETARY VDSIONS GET THE BRACKETS RDIAIN, THE -

INFORFATION 1 HAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY VERS HAVIN3 BEEN DH.ETED. THE JUSTIFICATION FOR Q. AIMING 1HE INF0FATION SO DESIGNATED AS PROPRIETARY IS INDICATE IN BOIH VDSIONS BY HEANS W LORD CASE LETTDS (a) THROUGH (g) CohTAINED WITHIN PARDiINESES LOCATED AS A SUPERSCRIPT IMMEDIATE.Y FOLLOWIN31HE BRACKETS DiC2.CSING EACH ITEM OF INFORMATION BEING IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH Ih70FATION. THESE LOWD CASE LE77ERS REFER TO THE TYPES W Ih70FATION WDTINGHOUSE CUST0 FARE.Y HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE APTIDAVIT ACCOMPAhTING THIS 1RANSMITTAL PURSUAh71010CFR2 790(b)(1).

l AW-76-60 AFFIDAVIT-C0!7.0 WEALTH OF PEI;NSYLVANIA: .

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, COUtiTY OF ALLEGHEilY:

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 1[estinghouse 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:

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Robert A. Wiesemann, Manager Licensing Programs Sworn to and subscribed ^

before.,me this 2 day of .[$ltndid 1976.

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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 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 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.

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/ (3) I have personal knowledge of the criteria and procedures utilized by Westinghouse Huclear Energy Systems in designating informaticn as a trade secret, privileged or as ccnfidential coamercial 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 withheld.

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

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AW-76-60 (ii) The information is of a type customarily held in confidencd' by ,

Westinghouse and no't customarily disclosed to the p0blic.  !

I Westinghouse has a rational basis for determining the types of information custt.aarily held in confidence by it and, in that ,

connection, utilizes a system to determine when and whether to l hold certain types of information in confidence. The ap- l 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 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 follous:

(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 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 l

competitive economic advantage, e.g., by optimization or l -- improved marketability.

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AW-76-60 (c) Its use hy 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 information3 production cap-acities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

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

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/ (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

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agreements with the owner.

There are sound policy reasons behind the Westingiouse system wl.ich 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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(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 information. .

(c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

1 (d) Each component of proprietary information p'ertinent 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

'qof prominence of Westinghouse in'the world market, and thereby give a market advantage to the competition in those countries.

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J 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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. l (iii) The information is being transmitted to the Commission in -

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confidence and, under the provisions of 10 CFR Sect ~ ion 2.790, l it is to be received in confidence by the Commission. i l

1 (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, Eiche1dinger to Stolz, dated December 1,1976, concerning information relating to NRC review of WCAP-C567-P and WCAP-856S 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.

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(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) Optim'ize reactor design and performance while maintaining a high level of fuel integrity.

I Further, the information gained frcm 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-i

/ 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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