ML20209B204

Requests Withholding of WCAP-11366, Westinghouse Setpoint for Protection Sys,Beaver Valley Unit 2, Per 10CFR2.790. Affidavit Encl

ML20209B204
Person / Time
Site:	Beaver Valley
Issue date:	01/09/1987
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19292G681	List: ML20209B179 ML20209B204
References
CAW-86-123, NUDOCS 8702030548
Download: ML20209B204 (9)

Text

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NJ Westinghouse PowerSystemS Box 355 Pittsburgh Pennsylvania 15230 0355 Electric Corporation January 9, 1987 CAW-86-123

,Dr. Thomas Murley, Director Of fice of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

WCAP-11366, " Westinghouse Setpoint Methodology for Protection Systems, Beaver Valley Unit 2" ...

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the enclosed letter by Duquesne Light Company is further identified in an af fi-davit 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 disclo-sure 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 as Affidavit AW-76-60.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Duquesne Light Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-86-123, and should be addressed to the undersigned.

Ver truly yours, Robert A. Wiesemann, Manager Regulatory & Legislative Affairs Enclosures

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cc: E. C. Shomaker, Esq.

Office of the General Council, NRC 8702030548 870126 PDR ADOCK 05000412 g PDR t

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. . AW-76-60 AFFIDAVIT-

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COMM0fiWEALT'H OF PENNSYLVANIA:

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, . . 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 .

A best of his knowledge, information, and belief:'

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

Sworn to and subscribed befor methis8 day of,[en[d 1976.

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f / Notary Public .,, --

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AW-76-60

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(1) I am. Manager. .L.icensing Programs, in the Pressurized Water Reactor Systems Division, of Westinghouse Electric Corporation add.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 authorj,ied to apply for its withholding on behalf of the Westinghouse Water Reactor Divisions.

(2) I am making this Affidavit in conformance with the provisforis 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 i

by Westinghouse Nuclear Energy Systems in designating infomation .

as a trade secret, privileged or as confidential comercial or

- ' financial information.

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 l of the Commission's regulations, the following is furnished for consideration by the Comission in determining whether the in-formation sought to be withheld from public disclosure should be

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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 confidence by Westinghouse and not customarily disclosed to the publ.ic.

Westinghouse has 5 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 informayion in confidence. The ap-plication of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.

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Under that system, information is held in confidence if it e falls in one or sore of several types', the' release of which

. ' might result in the loss of an existing or potential com-

- petitive advantage, as follows: , , , ,

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(a) The information reveals the ' distinguishing aspects of a

• process (or component, structure, tool, method, etc.)-

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where prevention of its use by any of Westinghouse's l 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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- AW-76-60 4

(c) Its use by a competitor would reduce his expenditure .

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of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance

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.. of quality, or licensing a similar product.

(d) It reveals cost or pric4'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-grams of potential comnercial value to Westinghouse.

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

taction may be desirable. .

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(g) It is not the property of Westinghouse, but must be l

- treated as proprietary by Westinghouse according to .

agreements with the owner.

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! There are sound policy reasons behind the Westinghouse system which include the following: ,

(a) The use of such infonnation by Westinghouse gives

-- Westinghouse a competitive advantage over its com-petitors. It is, therefore, withheld from disclosure

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- to protect the Westinghouse competitive position.

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AW-76-60

. r' (b) It is information which is marketable in many ways.

The extent to 'which such information is avatlable to competitors diminishes the Westinghouse ability to ,

sell products and services involving the use of the information.

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(c) Use by our competitor wo'uld put Westinghouse at a

! compietitive disadvantage by re'ducing his expenditure of r1tsources at our expense. . -

I . (d) Each component of proprietary information pertinent

. - to a particular competitive advantage is potentially as valuable as the total competiitive advantage. If -

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competitors acquire components .of proprietary infor-

- nation, any one component may,im the key to the entire ,

puzzle, thereby depriving Westinghouse of a competitive advantage. ,

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, (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.

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(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 Connissipn in

! confidence and, under the provisions of 10 CFR Section 2.7g0, it is to be received in confidence by the Comission.

(1,v) The information is not available in public sources to the l

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best of our knowledge and bel.ief.

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l (v) The proprietary information sought to,be withheld in this sub-mittal is that which is appropriately marked in the attach- '

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ment to Westinghouse letter number NS-CE-1298. Eiche1dinger to Storz, dated December 1.1976, concerning information relating to NRC review of WCAP-8567-P and WCAP-8568 entitled. " Improved ,

' Thermal Design Procedure." defining the sensitivity of DNB ratio to various core parameters. The letter and attachment .

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are being submitted in response to the NRC request at the f October 29, 1976 NRC/ Westinghouse meeting.

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l This information enables Westinghouse to: .

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• (a) Justify'the Westinghouse design.

(b) Assist its customers to obtain licenses.

('c) Meet warranties.

i (d) Provide greater operational flexibility to customers assuring them of safe and reliable operation. -

(e) Justify increased power capability or operating margin l

l for plants while assuring safe and reliable operation.

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AW-76-60 ,

l (f.) Optim'ize reactor design and perfomance while mairitaining a high level,.of fuel integrity. -

l Further, the information gained frem the improved themal

! design procedure is of significant comercial value as follows:

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(a) Westinghouse us'es the information to perfom and justify

, analyses which are sold to customers.

(b) Westinghouse sells analysis services based upon the l

experience gained and the methods developed. .

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Public disclosure of this infor:gation concerning design pro-i

- cedures is likely to cause substantial harm to the competitive 1

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• position of Westinghouse because competitors could utilize this infomation to assess and justify their own designs

- without comensurate expense.

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The parametric analyses performed and their evaluation represent  ;

a considerable amount of highly qualified development effort.

l This work was contingent upon a design method development pro- ,

gram which has been underway during the past two years.

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Altogether, a substantial amount of money and effort has been ,

l 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.

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Further 'the deponent sayeth not. ,

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'o PROPRIETARY INFORMATION NOTICE TRANSMITTED HDEWITH ARE PROPRIETARY AND/0R NON-PROPRI DOWMENTS FURNISHD 70 7HE NRC IN CONNECTION WITH RI PLAh7 SPECIFIC REVIEW AND APPROVE.

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B ORDER 70 CONFORM 10 THE RIQUIREMEhTS & 10CFR2.790 &

RESULAHONS CONCERNING THE PROTECTION & PROPRIETARY TD THE NRC, THE IMDRMAHON WHICH IS PROPRIETARY H WE PROPRIETMY CONTAIND WITHIN BRACKETS AND WHEE THE PROPRIETARY IFOR -

DELETD IN THE NON-PROPRIETARY YERSIONS OC.Y THE BRACKETS REMAIN, T -

IhTORMATION THAT WAS CONTAINED WUNIN THE BRA 2ETS IN

, HAVING BEEN DELETE.

1NE JUSTIFICATION FDR CI. AIMING THE INFORMATION SO DESIDNATED AS PROPRIETARY IS INDICATED IN BOIH VERSIO LCTERS (a) THROUGH (g) C0hTAINED WITHIN PARENINESES LOCATED AS A SU EDIAEY FDLLWING THE BRACKE73 DiCI.05ING EACH ITDi 0F INFO DENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH I THESE LWD CASE LEUERS REFIR TO WE TYPES & INFORMATION WEUN HUS IN CONFIDENZ DEhTIFIED IN SECTIONS (4)(11)(a) through (4)(11)(g) 0F TH AFFIDAVIT ACCOMPAhTING THIS TRANSMITTE PURSUAh7 7010C en h

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