ML20207K844

Requests Withholding of Proprietary Westinghouse Setpoint Methodology for Protection Sys - Vogtle Station, (Ref 10CFR2.790).Affidavit Encl

ML20207K844
Person / Time
Site:	Vogtle
Issue date:	12/01/1986
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19292G572	List: ML20207K817 ML20207K844 ML20207K947
References
CAW-86-117, NUDOCS 8701090539
Download: ML20207K844 (9)

Text

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Westinghause PowerSystems g 3,5 b m m 30 m 55 Electric Corporation December 1,1986 CAW-86-ll?

,Mr. 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 DISCLOSURE

Subject:

Westinghouse Setpoint Methodology for Protection Systems, Plant Vogtle

Dear Mr. Denton:

The proprietary material for which withholding is being requested in the reference letter by Georgia Power Company is further identified in an af fidavit 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 Commission's regulations.

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

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Georgia Power Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-86-ll7, and should be addressed to the undersigned.

Very truly yours, l l.; lltihllbt obert A. Wiesemann, Manager l Regulatory & Legislative Affairs Enclosure (s)/1856n

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cc: E. C. Shomaker, Esq.

Office of the General Council, NRC l

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,_ > I 8701090539 861231 PDR ADDcK 05000424' A PDR

l PADPRIETARY IWORMATION NOTICE

.y TRANSCTTED NDDTITH ARE PROPRIETARY AND/0A NON-PROPAIETARY TRSIpNS W i

30cntEh75 FURNISHD 10 ME NRC IN CONNECTION WITH REQUI575 FOR CINDIC AC/0R PLAhT SPECITIC RDIEW AND APPAWAL.

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2N OCER 10 CohTORM TO THE RICUIRDIENT5 E 10CFR2.790 W THE COMMISSION'S RE3tMTIONS CONCERNING HE PROTECTION W PROPRIETARY IMDRMATION RD ERMITTD 1

1 10 THE NRC, THE INFDRMATION WHICH IS PROPAIETARY IN WE PROPRIETARY TERSIONS IS 1

• Coh7AIND WIH3 BRACKET 5 AND WNDE THE PROPA2ETARY INFORMATION EAS BEEN DELETD D DE NON-PROPRIETART VDSIDNS OLY THE BRACKET 5 EEMAIN, SE -

INFORMATION 1 HAT WAS CCNTAIND WITH21HE BRACKET 5 IN 1HE PROPRIETARY YEP.SIONS i

, EA'33 BEEN DELEfD. THE JUSTIFICATION FOR ELAIMING THE INFORMATION 30 BESIDNATED AS PROPRIETARY IS INDICATD IN BOTH TD320NS ST MEANS, W LOWD CASE LETTU.S (a) THROUGH (g) CCh7AND WITH3 FARDiTHI55 LOCATE AS A EPDSCRIPT.

2MMEDIATELY POLLWING THE BRACKET 3 DCLCBING EACH ITIM W 2NDRMATION BEING

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IDEh7IFID A5 PROPRIETARY OR IN 1HE MARGM CPPOSITE E01 INFORMATION. THI5E

' LOiB CASE LETTERS REFER 10 WE TTP5 E INFORMATION VI573GHOUSE ESTOMARILY NUS IN CONFIDENCE 2DETIFIED IN SECTIONS (4)(11)(a) through (4)(11)(g) OF THE I

AFTIDAVIT ACCOMPANTUG THIS TRANSMITTAL PUREANT 1D 10CTR2.790(b)(1).

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AW-76-60 ,

AFFIDAVIT-COW.ONWEALTH OF PEliNSYLVANIA:

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, COUNTY OF ALLEGHEliY:

Before me, the undersigned authority, personally appeared Robert A. Wiesemann, who, being by me dul'y 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, information, and belief:' f f . .

I d<rV2tlla wwad Robert A. Wiesemann, Manager Licens.ing Programs

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Sworn to and subscribed '

beforemethis8 7

day

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of $i'ibablO 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, J have been specifically del gated 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 bn behalf of the Westinghouse Water Reactor Divisions.

(2) , I arr 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.

! (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 comercial or financial information.

i (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-7G-60 (ii) The information is of a type customarily held in confidence by e 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 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 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 fo11ous:

(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 i 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 l

competitive economic advantage, e.g., by optimization or

- improved marketability.

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(c) Its use by a competitor would reduce nis expenditure

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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-l

• acities, budget levels, or comercial strategies of l Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-1 - grams of potential commercial value to Westinghouse. ,

! (f) It contains patentable ideas, for which patent pro-tection may be desirable. .

5 (g) It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to j ,

agreements with the owner. , *

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There are sound policy reasons behind the Westinghouse

- system which include the following:

i (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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.s (b) It is information which is marketable in many ways. ,

The extent to iwhich 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 e 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.

t (e) Unrestricted disclosure would jeopardize the pos.ition

. ' of prominence .of Westinghouse in the world market.

- and thereby iiive 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 '

... iri obtaining and mairitaining a competitive advantage.

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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 Comission. .

(iv) The information is not available in public sources to the

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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 4

Stolz, dated December 1,1976, concerning information relating to NRC itview of WCAP-C567-P and WCAP-8568 entitled, " Improved Thermal Design Procedure," defining the sensitivity of DHB

! 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) Optimize reactor design and performance while maintaining

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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.

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. (b) Westinghouse sr11s 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 ham to the competitive j position of Westinghouse because competitors could utilize this infomation to assess and justify their own designs without commensurate expense.

t 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 undensay 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 tio invest similar sums of money and pro-vided he had the appropriate talent available.

Further the deponent sayeth not.

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