ML20215C032

Requests Proprietary WCAP-11232, Comparison of Treat & Notrump Small Break LOCA Transient Results, Be Withheld,Per 10CFR2.790.Affidavit AW-76-45 & Proprietary Matl Previously Submitted Encl

ML20215C032
Person / Time
Site:	South Texas
Issue date:	09/25/1986
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19292F992	List: ML20210Q647 ML20210Q685 ML20215B637 ML20215C022 ML20215C032 ST-HL-AE-1767, Comparison of Treat & Notrump Small Break LOCA Transient Results
References
CAW-86-084, CAW-86-84, NUDOCS 8610100051
Download: ML20215C032 (9)

Text

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h (x)v ATTACHMEN 5cv ST HL AE M{9 PAGEt OF 9 Westinghouse PowerSystems Ba 355 Pittsburgh PennsyNania 15230-0355 Electric Corporation September 25, 1986 CAW-86-084 Mr. Harold R. Denton, Director Office of Wuclear Reactor Regulation

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

Subject:

WCAP-11232, " Comparison of the TREAT and NOTRUMP Small Break LOCA Transient Results"

Reference:

Houston Lighting and Power Company Letter to NRC dated September 1986

Dear Mr. Denton:

The proprietary material for which withholding is being requested in the reference letter by Houston Lighting and Power Company 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 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 information for which withholding is being requested is of the same technical type as that proprietary material previously submitted as affidavit AW-76-45.

Accordingly, this letter authorizes the utilization of the accompanying af fidavit by Houston Lighting and Power Company.

Correspondence with respect to the proprietary aspects of the Application for Withholding or the Westinghouse affidavit should reference this letter, CAW-86-084, and should be addressed to the undersigned.

Very truly yours, M

LO w w ATP/bek/1324n Enclosures fR rt A. Wiesemann, Manager Regulatory & Legislative Affairs cc: E. E. Shomaker, Esq.

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Office of the Executive Legal Director, NRC 8610100051 860930 8 ADOCK 0500

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I ATTACHMENT So ST-HL-AE l%7 PAGE LOF cf

/ PROPRIETARY INFORMATION NOTICE

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TRANSMITTED HDEWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VER DOCUMENIS F13RNISHE TO THE NRC IN CONNECTION WITH REQUESTS PLANT SPECIFIC REVIEW AND APPROVAL.

IN ORDER 70 CONFORM TD THE RIQUIREMENTS OF 10CFR2.790 0F THE COM REDULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMA 70 THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS I CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION

. DEI.ETED IN THE NON-PROPRIETARY VDSIONS WLY THE BRACKETS RDIAIN, THE -

IhTORMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE PRO

/ HAVING BEDi DEI.ETED. THE JUSTIFICATION FDR CLAIMING THE INFORMATI

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DESIGNATED AS PROPRIETARY IS INDICATE IN BOTH VERSIONS BY LEITERS (a) THROUGH (g) CONTAINED WITHIN PARENINESES LOCATED AS A SUPERSCRIP IMMEDIATELY FOLLOWING THE BRACKETS INCI.0 SING EACH ITEM OF INFO IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE THESE SUCH INFORMATI LOWD CASE LETTERS REFER 1D THE TYPES OF INFORMATION WI3TINGH0 HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPAhTING THIS TRANSMITTAL PURSUAhT 7010CFR2.790(b t

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a, ST HL AEf %'I PAGEq OF 4 AW-76-45 AFFIDAVIT 400NONWEALTH OF PENNSYLVANIA:

ss TOUNTY OF ALLEGHENY:

.Before me, the undersigned authority, personally appeared Sobert 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-eents of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

l- tu Robert A. Wiesemann, Manager Licensing Programs Sworn to and subscribed befor methis:@ day of pI/ 1976.

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ATTACHMENT 3a.

ST HL AE 067 PAGE 4 0F 9

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AW-76-45 i

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

. Systems Division, of Westinjhouse 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 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-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 financial information.

(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 determining whether the in-formation sought to be withheld from public disclosure should be withheld.

(1) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

• ATTACHMENT 3a.

ST HL AE-1%9 '

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AW-76-45 1

(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 of information customarily held in confidence by it and, in that .

connection, utilizes a system to determine when and whether to ,- 9 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. -

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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 (orcomponent, structure, tool, method,etc.)

where prevention of its use by any of Westinghouse's S competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

J (b) It consists of supporting data, including test data, I

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-76-45

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

, of resources or improve his competitive position in the

$ design, manufacture, shipment, installation, aisurance

. of quality, or licensing a similar product.

3 (d) It reveals cost or price information, production cap-acities, budget levels, or comercial 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 commercial value to Nestinghouse.

(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 t,y Westinghouse according to agreements with the owner.

[ There are sound policy reasons behind the Westinghouse

system which include the following:

1 (a) The use of such information by Westinghouse gives l Westinghouse a competitive advantage over its com-petitors. It is, therefore, withheld from disclosure i

to protect the Westinghouse competitive position.

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ATTACHMENT JW,

1. ST.HL- AE- l'lvl

. PAGE 7 0F 9 AW-76-45 (b) It is infonnation which is werketable in nany 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 l

competitors acquire components of proprietary infor-mation, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive i

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 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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ST-HL AE 1%9 l PAGE g OFq ,

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AW-76-45 9

(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 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 submittal is that which is appropriately marked in WCAP-8821, "Tranflo Steam Generator Code Description" (Proprietary),

being transmitted by Westinghouse Letter No. NS-CE-1219,

~Eiche1dinger to Stolz, dated September 29, 1976. This report is being submitted pursuant to the NRC's Topical Report Program for generic review by the Regulatory Staff and is ex-pected to be referenced in several license applications.

This information enables Westinghouse to:

e (a) Justify the design basis for emergency systems.

(b) Assist its customers to obtain licenses.

(c) Optimize long-term cooling design.

Further, this information has substantial commercial value I

as follows:

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. ATTACHMENT So

, . > ' . ST.HL- AE-M6'l

,PAGE_q OF4

. AW-76-45 (a) Westinghouse sells the use of the information to its customers for purposes of meeting NRC requirements for licensing documentation.

(b) Westinghouse uses the information to perform and justify analyses which are sold to customers.

Public disclosure of this information is likely to cause sub-stantial ham to t!.e competitive position of Westinghouse because it would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

The development of this information is the result of many years of Westinghouse effort and the expenditure of a con-siderable sum of money.

In order for competitors of Westinghouse to duplicate this information, similar engineering programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended for data analyses and code development.

Fu'rther the dponent sayeth not.

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