ML20210B952

Requests Proprietary WCAP-9401-P-A Figure 3-2, Floor Design Response Spectrum at Reactor Vessel Supports Elevation,Sse Be Withheld from Public Disclosure (Ref 10CFR2.790)

ML20210B952
Person / Time
Site:	South Texas, 05000419
Issue date:	01/29/1986
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19273A834	List: ML20210B952 ST-HL-AE-1601, Forwards Addl Proprietary Info Re Fuel Assembly Response to Seismic/Loca Forces Per Draft SER & Application for Withholding WCAP-9401-P-A Figure 3-2, Floor Design Response Spectrum at Reactor Vessel.... (Ref 10CFR2.790)
References
AW-78-23, CAW-86-013, CAW-86-13, NUDOCS 8602100244
Download: ML20210B952 (7)

Text

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ATTACHMENT I ST-HL AE- I bOl PAGEI OF 1 Westinghouse Water Reactor Sn 355 Pittsbutgn Pennsylvania 15230 0355 Electric Corporation Divisions January 29, 1986 Mr. Harold R. Denton, Director CAW-86-013 Office of Nuclear Reactor Regulation

.U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

WCAP-9401-P-A Figure 3-2 " Floor Design Response Spectrum at Reactor Vessel Supports Elevation, SSE." Figure 3-2 from WCAP-9401-P-A was modified for South Texas Units 1 and 2 to show compliance with Appendix A of SRP Section 4.2 for the Draft SER item in Section 4.2

Reference:

Westinghouse Letter No. NS-TMA-2057, Anderson to Varga, dated March 30, 1979

Dear Mr. Denton:

The proprietary material for which withholding is being requested in the reference letter by Houston Lighting and Power 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 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 regula-tlons.

The proprietary material for which withholding is being required is of the same technical type as that proprietary material previously submitted with Aoplichtion for Withholding AW-78-23.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Houston Lighting and Power.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-86-013, and should be addressed to the undersigned.

Very truly yours,

/bek/1192n

~b L {O Ylldl(&llt Robert A. Wieserann, Manager Enclosure (s) Regulatory & Legislative Affairs cc: E. C. Shomaker, Esq.

Office of the Exet.utive Legal Director, NRC N J

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ATTACHME ' 1 ST-HL 4E 1 l I

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.' AFFIDAVIT ', -

COMMONWEALTH OF PENNSYLVANIA: . .

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COUNTY OF ALLEGHENY:

).- Before me, the undersigncd authority, personally appeared Robert A. Wiesemann, who, being by me duly sworn according to law,

. ' deposes 'and siys that he is authorized to execute this ' Affidavit on ,

. behalf of Westinghouse 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:

s llf.N!!M1U Robert A. Wiesemann, Manager

- Licensing Programs l Sworn to and subscribed before,me this._ "o day of /24&/ 1978.

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AW-78-23 ...- - -

(1) I am Manager. 1.icensing Programs, in the Pressurized Water Reactor ,

, Systems Division, of Westinghouse Electric Corporation and as such, j -

I have been specifically delegated the function of reviewing the proprietary infomation sought' to be withheld from public disclosure

- in connection with nuclear power plant licensing or rulemaking 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 "r

10 CFR Section.2.790 of the. Commission's regulations and in con-junction with the Westinghouse application for withholding accompanying this' Affidavit.

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

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

(1) The infomation sought to be withheld frca public disclosure is owned and has been held in confidence by W'estinghouse.

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l (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 l

of information customarily held in confidence by it and, in that connection, utilizes a system to determine when a'n'd l

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AW-78-23 s .

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whether to hold certain types. of information in confidence.

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The application of that system and the substance of that system constitutes Westinghouse policy and provides the

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rational basis required.

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• Criteria and Standards Utilized

- In detennining wh.ther information in a document or report is proprietary, the following criteria and standards are utilized by Westinghouse. Information is proprietary if any one of the r following are met:

(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,

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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.

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

resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of l quality, or licensing of a similar product.

. (d) It reveals cost or price information, production capacities, ,.

budget levels, or commercial strategies of Westinghouse.

its customers or. suppliers. ,

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AW-78-23 (e) It reveals aspects of past, present, or future Westing- ,

house 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.

7 (iii) The infomation is being transmitted to the Comission in confidence and, under the provisions of 10 CFR Section 2.790, it is to be received in confidence by the Comission.

(iv) The infomation is not available in public sources to the best of our knowledge and belief.

-- (v) The proprietary information sought to be withheld in this j submittal are the copies of slides utilized by Westinghouse in its presentation to the NRC at the March 21, 1978 meeting concerning the Westinghouse optimized fuel assembly. The letter and the copies of slides are being submitted in pre-liminary form to the Comission for review and coment on the Westinghouse optimized fuel assembly in advance of a formal submittal for NRC approval.

- Public disclosure of this infomation is likely to cause substantial harm to the competitive position of Westinghouse as it would reveal the description of the approved design, the  :~.

comparison of the ipproved design with the standard design, the nature of the tests conducted, the test conditions, the test results and the conclusions of the testing program, e

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AW-78-23 .

all of which is recognized by the Staff to be of competitive value and because of the large amount of effort and money .

expended by Westinghouse over a period of several years 'in carrying out this particular development program. Further, it would enable competitors to use the information for commercial purposes and also to meet NRC requirements for licensing docu' mentation, each without purchasing the right from Westing-house to use the information. .

. Information regarding its development programs is. valuable to Westinghouse because:

(a) Information resulting from its development programs gives Westinghouse a competitive advantage over its competitors.

. It is, therefore, withheld from disclosure to protect the

. Westinghouse competitive position.

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

- extent to which such information is available to comoet-itors diminishes the Westinghouse ability to sell products and services involving the use of the information.

l (c) Use by our competitor would put Westinghouse at a com-petitive disadvantage by reducing his expenditure of I

resources at our expense.

! (d) Each component of proprietary information pertinent to a particular competitive advantage is potentially as l.

valuable as the total competitive advantage. If com-i petitors acquire components of proprietary information, g, any one component may be the key to the entire puzzle, thereby depriving Westinghouse cf a competitive advantage.

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(e) The Westinghouse capacity to invest corporate assets in .

research and development depends upon the success in obtaining and maintaining a competitive advantage.

Being an innovative concept, this information might not be discovered by the competitors of Westinghouse independently. To duplicate this infor-mation, competitors would first have to be similarly inspired and would then have to expend an effort similar to that of Westinghouse to develop

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Further the deponent sayeth not.

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