ML20207H947

Requests Withholding of Proprietary WCAP-11323, Resistance Temp Detector Bypass Elimination Licensing for Byron 1 & 2 & Braidwood 1 & 2, from Public Disclosure,Per 10CFR2.790. Affidavit Encl

ML20207H947
Person / Time
Site:	Byron, Braidwood, 05000000
Issue date:	11/12/1986
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19292G540	List: ML20207H873 ML20207H901 ML20207H947 ML20207H976
References
CAW-86-113, NUDOCS 8701080230
Download: ML20207H947 (9)

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Westinghouse Water Reactor Nuclear Technology Division Electric Corporation Divisions Box 355 Pmsbutgh Pennsylvania 15230-0355 November 12, 1986 CAW-86-113 Mr. 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:

Byron 1 & 2 and Braidwood 1 & 2 RTD Bypass Elimination Licensing Report (WCAP-11323)

Dear Mr. Denton:

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 infomation, 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 Commission's regulations.

The proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously submitted with Application for Withholding AW-76-060.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Comonwealth Edison.

i Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-86-113, and should be addressed to the undersigned.

Very truly yours,

.A U [AA~ C =*A

/dmr p rt A. Wiesemann, Manager Regulatory & Legislative Affairs -

Enclosure (s) cc: E. C. Shomaker, Esq..

Office of the Executive Legal Director, NRC 8701090230 861223 PDR P

ADOCK 05000454 PDR

AW-76-60 AFFIDAVIT-COMM0fiWEALTH OF PEllNSYLVANIA:

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, COUtiTY OF ALLEGHEliY: ,

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 W'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, informtion, and belief:

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- Robert A. Wiesemann, Manager Licens.ing Programs I

Sworn to and subscribed .

-before,methisM. day l

of jli'Euxb1 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 reviewin'g 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

'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-

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companying this Affidavit.

/ (3) I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Energy Systems in designating information as a trade secret, privileged or as confidential commercial 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.

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(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 confidence by <

Westinghouse and no't customarily disclosed to the public.

Westinghouse has a rational basis for determining the types of information customarily held in confidence by it ar.d. 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 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 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 l - improved marketability.

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(c) Its use hy a competitor would reduce his expenditure <

of resources or improve his competitive position in the design, manufacture, shipment, installation, assbrance 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- l grams of potential commercial value to 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 hy 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-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. ,

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 the entire ,

puzzle, thereby depriving Westinghouse of a competitive advantage.

(e) Unrestricted disclosure would jeopardize the pos.ition

' 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.

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AW-76-60 (iii) The information is being transmitted to the Commission in <

confidence and, und'er 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 review of WCAP-C567-P and WCAP-8568 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.

-7 AW-76-60 (f) Optim'ize reactor design and performance while maintaining <

a high level of fuel integrity.

t 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-

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/ 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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/ PROPRIETARY INFORMATION NOTICE ~

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TRANS)CTTED HDEWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY DocjMENIS FURNISHD TO THE NRC IN CONNECTION WITH REQUDTS FDR GDERIC A PLET SPECIFIC REVIEW AND APPROVAL.

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i IN ORDER 10 C0hTORM TD 1HE REQUIREMENTS OF 10CFR2.790 7 THE REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY IN 70 THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VER CONTAIND WITHIN BRACKETS AND WHEE THE PROPRIETARY INFORMATIO

. DEETD IN THE NON-PROPRIETARY VERSIONS WLY THE BRACKETS REMAIN, SE -

INFORMATION THAT WAS CONTAING WITHIN THE BRACKEIS IN THE

/ HAVING BEM DELETE. 1HE JUSTIFICATION FDR Q. AIMING THE INFORMAT

( DESI3NATED AS PROPRIETARY IS INDICATE IN BOIH VDSIONS BY ME LEITERS (a) THROUGH (g) CONTAIND WITHIN PARENIHEES LOCATED AS A RIPERSCRIP IMMEDIATEY FOU.CWING THE BRACKETS DCL5ING EACH ITDI 0F INFOR I

IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE THDESUQi INFDRM l

LOWD CASE LETTERS REFER 10 INE TYPES OF INFORMATION WETING HO:.DS IN CONFIDENCE IDEhTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) OT THE AFFIDAVIT ACCOMPAhTING THIS TRANSMITTAL PURSUAhT 1010CFR2 79 l .

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