ML20210M468
| ML20210M468 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 09/20/1985 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20210M453 | List: |
| References | |
| CAW-85-059, CAW-85-59, NUDOCS 8605020295 | |
| Download: ML20210M468 (9) | |
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Westinghouse WaterReactor Nuttudeten Dvise Electric Corporation Divisions 8c,335 Pittsburgh Pennsylvania 15230 0355 September 20, 1985 CAW-85-059 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Conunission Washington, D.C.
20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
Westinghouse Setpoint Methodology for Protection Systems, Millstone Nuclear Power Station Unit 3
Reference:
Letter f rom Northeast Utilities, September 1985
Dear Mr. Denton:
The proprietary material for which withholding is being requested in the reference letter by Northeast Utilities is further identified in an affidavit rigned by the owner of the proprietary information, Westinghouse Electric Corporation. ';he af fidavit, which accompanies this letter, sets forth the basis on which the information may be withheld from public disclosure by the Conunission ano addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Conunission's regulations.
The proprietary material for which withholdirig is being required is of the same technical type as that proprietary material previously submitted with Application for Withholding CAW-81-3.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by Northeast Utilities.
Correspondence with respect to the proprietary aspects of the application for withholo'ng or the Westinghouse affidavit should reference this letter, CAW-85-059, and should be addressed to the undersigned.
Very truly yours, 8605020295 850924 i
PDR ADOCK 05000423 A
Robert A. Wiesemann, Manager PDR Regulatory & Legislative Affairs
/ KEG Enclosure (s) cc:
E. C. Shomaker, Esq.
Office of the Executive Legal Director, NRC
AW-76-60 AFFIDAVIT-COMMONWEALT'H OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
.s 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 best of his knowledge, information, and belief:'
!L Robert A. Wiesemann, Manager Licensing Programs Sworn to and subscribed before,methis8 day of /d4/r[2d 1976.
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Notary Public.,,,
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- AW-76-60 (1)
I am. Manager,1,.icensing Programs, in the Pressurized Water Reactor Systems Division, of Westinghouse Electric Corporation and 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 authori,ied 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 Connission'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 infonnation as a trade secret, privileged or as confidential connercial 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 Cocaission 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 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 informayion 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
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process (or component, structure, tool, method, etc.)-
where prevention of its use by any of Westinghouse's f
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 (c)
Its use by a competitor would reduce his ex\\penditure of resources or improve his competitive position in the design, manuf*acture, shipirent, installation, assurance of quality, or licensing a similar product.
(d)
It reveals cost or price ['Information, production cap-acities, budget levels, or corsnercial strategies of Westinghouse, its customers or suppliers.
It reveals aspects of pa' t, present, or future West.
(e) s inghouse or customer funded development plans and pro-grams of potential cornercial value to Westinghouse.
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(f)
It contains patentable ideas, for which patent pro.
taction may be desir6bic.
(g)
It is not the property of Westinghouse, but must be I
treated as proprietary by Westinghouse according to agreements with the owner.
8 There are sound policy reasons tei. d the Westinghouse a
syste:n which include the following:
(a) The use of such information by Westir:ghouse gives Westinghouse a competitive advantage over its com-petitors.
It is, therefore, withheld from disclosure 1
to protect the Westinghouse competitive position.
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5-AW-76-60 (b)
It is information which is marketable in many ways.
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The extent to 'which such information is available to
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l competitors diminishes the Westinghouse ability to sell products and services involving the use of the j
information.
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Use by our competitor wo'uld put Westinghouse at a (c) competitive disadvantage by reducing his expenditure of resources at our expense.
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(d)
Each component of proprietary information pertinent I
to a particular competitive advantage is potentially as valuable as the total compeflitive advantage.
If
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competitors acquire components.of proprietary infor-mation, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive
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advantage.
(e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition
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f in those countries.
(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success
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in obtaining and maintaining a competitive advantage.
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6-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.
(iy)
The information is not available in public sources to the best of our knowledge and beidef.
(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 Stol'z, dated December 1,1976, concerning information relating
. to NRC review of WCAP-8567-P and WCAP-8568 entitleds Improved Thermal Design Procedure " defining the sensitivity of DNS ratio to various core parameters.
The letter and attachment are being submitted in response to the NRC request at the
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October 29, 1976 NRC/ Westinghouse meeting.
This information enables Westinghouse to:
g (a) Justify the Westinghouse design.
l (b) Assist its customers to obtain licenses.
('c) Meet warranties.
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(d)
Provide greater operational flexibility to customers assuring them of safe and reliable operation.
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(e) Justify increased power capability or operating margin I
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for plants while assuring safe and reliable operation.
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7-AW-76-60 l
P (f.) Optimize reactor design and performance while maintaining a high level of fuel integrity.
Further, the information gained from the improved thermal 1
design precedure is of significant comercial value as follows-
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(a) Westinghouse uses. the information to perform and justify
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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 prol cedures is likely to cause substantial harm to the competitive j
f position of Westinghouse because competitors could utilize i
this information to assess and justify their own designs without comensurate expense.
i 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.
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Further'the deponent sayeth not.
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PROPRIETARY INFORMATION NOTICE l
TRANSMITTED HEREWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VERSIONS &
DOCUMENTS PURNISHED TO THE NRC IN CONNECTION WITH REQUETS FOR GDERIC AND/OR PLANT SPECIFIC REVIEW AND APPROVAL.
t IN ORDER 10. CONFORM 70 THE RB2UIREMENTS OF 10CFR2.790 0F THE COMMISSION'S REULATIONS CONCERNING THE PRCTIECTION OF PROPRIETARY INFORMATION 30 SUBMITIED j
TO THE NRC,1HE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION HAS BEEN i
DELETED IN THE NON-PROPRIETARY VERSIONS GILY THE BRACKETS RDIAIN, THE INFORMATION THAT WAS CONTAINED WITHIN THE BRACKEIS IN INE PROPRIETARY VERSIONS
{
HAVING BEEN DD ETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION SO DESIGNATED AS PROPRIETARY IS INDICATED IN BOIH VERSIONS BY MEANS OF LOWER CASE LEITERS (a) 1HROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT IMMEDIATELY FOLLOWING THE BRACKETS DiCI.0 SING EACH ITEM OF INFORMATION BEING IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH INFORMATION. THESE LOWER CASE LETTERS EEFER 10 THE TYPES & INFORMATION WESTINGHOUSE CUS1DMARILY HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (II)(ii)(g) 0F THE k
AFFIDAVIT ACCOMPANYING 1HIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).
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