ML20206M487

Requests That Proprietary Info Marked in WCAP-11883, Implementation of Steam Generator Low Low Level Reactor Trip Time Delay & Environ Allowance Modifier in Callaway Plant Be Withheld from Public Disclosure (Ref 10CFR2.790)

ML20206M487
Person / Time
Site:	Callaway
Issue date:	11/11/1988
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML20206M484	List: ML20206M477 ML20206M487
References
CAW-88-123, NUDOCS 8811300582
Download: ML20206M487 (10)

Text

,

, t

.. s

-i uc

. =  !

[

i i

Westinghouse PowerSystems Electric Corporation

$'s'd's mnsmno mao om l

. November 11, 1988 f CAW 88-123 ,

Dr. Thomas Murley, Director Office of Nuclear Reactor Regulation .

U.S. Nuclear Regulatory Commission  !

Washington, D.C. 20555 AP_ PLICATION FOR WITHHClDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE i

Subject:

WCAP-ll883 and WCAP-ll884 Submittals TTD and E#, r Implementation for the Callaway Plant f

Dear Dr. Murley:

The proprietary information for which withholding is being requested by Union  !

Electric letti.r ULNRC 1822 is further identified in Affidavit CAW-88-123 signed by the cwner of the proprietary information, Westinghouse Electric i Corporation. The affidavit sets forth the basis on which the information ma:' i be withheld from public disclosure by the Commission and addressed with i specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Commission's regulations.

b Accordingly, this letter authorizes the utilization of the acccmpanying [

l affidavit by Union Electric. '

l Correspondence with respect to the proprietary aspects of the application for j withholding or the Westinghouse affidavit should reference this letter, [

j CAW 88-123, and should be addressed to the undersigned.

i Very truly yours, .

I l WESTJNGH0!!9F ELECTRIC CORPORATION (

j i w  !

Q Rob tk. . '$sem$O&Lhlf fe ann, ana er Regulatory & Legis1stive Affairs j Enclosures j

cc: E. C. Shomaker, Esq.

Office of the General Counsel, NRC

_!t t

i

) 8811300302 88111e j PDR P ADOCK 05000483 j PNV

PROPRIETARY INFORMATION NOTICE Transmitted herewith 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 to conform to the requirements of 10CFR2.790 of the Commission's regulations concerning the protection of proprietary information so submitted 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-preprietary versions only the brackets remain, the information that was contained within the brackets in the proprietary versions having been deleted. The justification for claiming the information so designated as proprietary is indicated in both versions by means of lower case letters (a) through (g) contained within parentheses located as a superscript immediately following the brackets enclosing each item of information. These lo$<er case letters refer to the types of information Westinghouse cuatomarily holds in confidence identified in sections (4)(ii)(a) through (4)('ai)(g) of the affidavit accompanying this transmittal pursuant to 10CFR2.7"J0t h)(1).

i l

. . -  ;** l CAW-88-123 i

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, l deposes and says that he is authorized to execute this Affidavit on behalf of Westinghmse 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: [

LJ ll 00 t lU t UL Robert A. Wiesemann, Manager i l

Regu'Jatory and Legislative Affairs l

L i (

i I i

t Sworn to and subscribed l

) before me this @ day I

, f %Aulw.1988. [

i i

i c L w.A kNotary Public

/

1 i FCioh>L %tbL l

LCAangg y pg,*,4 947jpy pyggig [

j @AcMLt VAo, ME9ENf ccygty  ?

uY Cc'Ju !!.cN txatats

gc 14 im  ;

We*:e.Pc.vsf.:9 Ass:we gpgye, t

, [

CAW-88-123 i s

l (1) I am Manager negulatory and Legislative Affairs, in the Nuclear and Advanced Technology Division, of the Westinghouse Electric Corporation r.nd as such, I have been specifically delegated the function of reviewing the proprietary information sought to be l withheld from public disclosure in connection with nuclear power plant licensing and rulemaking proceedings, and am authorized to ,

apply for its wi*hholding on behalf of the Westinghouse Energy '

Systems, Nuclear ruel, and Power Generation Business Units. -

(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 Westinghouso application for withholding l l

accompanying this Affidavit. ,

l (3) I have personal knowledge of the criteria and procedures utilized by ;

the Westinghouse Energy Systems, fluclear Fuel, and Power Generation !

Business Units in designating information as a trade secret, privil. 'qd or as confidential commercial or financial information, f

(4) Pursuant to the provisions of phragraph (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. E

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

1

\

l

l 1

i i

i

CAW-88-123 (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 application of that system and the substance of that system constitut'.a Westinghouse policy and provides the rational basis I required. l 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 competitive 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 '.lestinghouse constitutes a ccmpetitive economic advantage over other companies.

l l (b) It consists of supporting data, including test data, i relative to a process (or component, structure, tool, l method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization er improved marketability.

CAW-88-123 (c) Its use by a competitor would reduce his expenditure of ,

resources or improve his competitive positico in the design, meufacture, shipment, installation, assurance of quality, or licensirig a siellar product.

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

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

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

I l There are sound policy reasons behind the Westinghouse system l 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 I Westinghouse competitive position.

l 1

CAW-88-l'J (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 informat'on.

(c) Use by our competitor would put Westinghouse a: a .

competitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each component of proprietary information pertinent to a particular competitive t'; vantage is potentially as valuable as the total competitiva advantage. If competitors acquire components of proprietary information, any one component may De the key to the entire puzzle, thereby depriving l i Westinghouse of a competitive advantage, c

(e) Unrestricted di: closure would jeopardize the position of prominunce of Westinghouse in the world market, and thereby i give a market advantage to the competition of those countries, i (f) The Westinghouse .pacity to invest corporate assets in l rescarch and devel,; ment depends upon the success in l obtaining and maintaining a competitive advantage. ,

i P

d r

I I

1

, r I i l

.1 s CAW-88-123 (iii) The information is being transmitted to the Commissit.) in confidence and, under the provisions of 10CFR Section

, 2.790, it is to be received in confidence by 'he Commission.

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

(v) The proprietary informat on sought to be withheld in this submittal is that which is appropriately marked in "Implementation of the Steam Generator Low Low Level Reactor Trip Time Delay and Environmental Allowance Modifier in the Callaway Plant" WCAP 11883 (Proprietary),

being tran 'tted by Union Electric Company (UEC) letter and Application for Withholding Proprietary Information from Public Disclosure, Donald F. Schell (UEC) to NRC Document Control Desk , August 30, 1988. The information as submitted for use by Union Electric Company for the Callaway Plant is expected to be applicable in other license submittals to provide the technical bases for the implementation of a steam generator low low level reactor trip time delay and environmental allowance modifier, a plant upgrade to improve plant availability and safety.

This information enables Westingbouse to:

I

-6

P 7- CAW 88 123 1

1 (a) justify the design chant e, and define the plant '

specific implementation e.g. change in assumptions, [

hardware modification, areas of change in supporting plant hardware and software.

(b) assist the customer to obtain NRC approval a license amendment ,

Fyrther this information has substantial comercial value f

as follows:  ;

(a) Westinghouse plans to sell the use of similar  !

information to its customers for plant upgrades with l appropriate licensing documentation. [

(b) Westinghouse can sell support and defense of the i technology to customers in the license process.  !

i Public disclosure of this proprietary information is likely [

to cause substantial harm to the competitive position of l Westinghouse becausi; it would enhance the ability of l l competitors to provide similar analytical documentation and -

licensing defense services for comercial powet reactors [

without commensurate expenses. Also, public disclosure of  !

r the information would enable others to use tha information  !.

to meet NRC requirements for licensino documentation ,

I without purchasing the right to use nformation.

i 1

1 3

e v- ~~n.-,-e- - , - - -- ,w- -cw,,, , - , , ,,,n,- .---em-.---e,-,7- --- ---~ - - - - - - , - - - - - ~ - - - - , , ,

,ues g. .

4

. CAW 88-123 The development of the technology des ribed in part by the information is the result of applying the results of many l years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.

In order for competitors of Westinghouse to duplicate this  !

information, siellar ttchnical programs wo'21d h:v- to be performed and a sigitificant manpower effort, having the requisite talent and experience, would havi to be expended for developing the analytical methods and performing sensitivity studies.

Further tne deponent sayeth not.

4 l l I

i i l  :

i I

% ~- .

.