ML20215L388

Requests Withholding Proprietary Version of Main Steam Line Break Info Used for Superheat Study for Votgle Units 1 & 2, (Ref 10CFR2.790).Rept of Same Technical Type as in Previously Submitted Affidavit AW-76-45

ML20215L388
Person / Time
Site:	Vogtle
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
ML19292G141	List: ML20215L281 ML20215L300 ML20215L388
References
CAW-86-086, CAW-86-86, NUDOCS 8610280598
Download: ML20215L388 (9)

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Westinghouse PowerSystems sexass Pittsburgh PennsyNania 15230 0355 Electric Corporation September 25, 1986 CAW-86-086 Mr. Harold R. Denton, 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-il285/WCAP-11286, "MSLB Information Used for Superheat Study for Vogtle Units 1 and 2"

Dear Mr. Denton:

The proprietary information for which withholding is being requested in the enclosed letter by Georgia Power Company is further identified in an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation. The af fidavit, 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 as Af fidavit AW-76-45.

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-86-086, and snould be addressed to the undersigned.

Very truly yours,

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Q wW RJM/bek/1330n Enclosures h obert A. Wiesemann, Manager Regulatory & Legislative Affairs cc: E. C. Shomaketr, Esq.

Of fice of the Executive Legal Director, NRC -

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PROPRIETARY INFORMTION NOTICE TRANSM:TTD HDEWUH ARE PROPRIETARY AND/OR NON-PROPRIETAR D00)MENTS FURNISHED 1V THE NRC IN CONNECTION WITH REQ PLAhT SPECIFIC REVIEW AND APPROVE.

e-IN OROER 10 CONFORM TD THE RIQUIREMENTS T 10CFR2.790 0F T RC17 ATIONS CONCERNING 1HE PROTECTION OF PROPRIETARY 70 THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETAR CONTAINED WITHIN BRACKITS AC WHERE THE PROPRIETARY INFO DELETD IN THE NON-PROPRIETARY VDSIONS ELY THE BRACKETS RDIAIN, THE i IhTORMATION 1 HAT WAS CONTAINED WITHIN THE BRACKETS HAVING BEEN DC.ETD.

THE JUSTIFICATION FDR CI. AIMING THE INFOMATION 30 DESIGNATED AS PROPP.IETARY IS ICICATED IN BOTH VESIONS LEITERS (a) THROUGH (g) CONTAINED WITHIN PARENINESES LOCATED AS A S IMMEDIATELY FOLLOWING THE BRACKETS Dic.051NG EACH ITEM l

IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE THESE SUCH I LOJD CASE LETTERS REFIR TD THE TYPES OF INFORMATION W HO*.rS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F APTIDAVIT ACCOMPAhTING THIS TRANSMITTE PURSJAhT 7010CF l

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AW-76-45 AFFIDAVIT IO M NWEALTH 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 af 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 ti.i Robert A. Wiesemann, Manager Licensing Programs Sworn to and subscribed befor methisj day l of ldfrI/ 1976.

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, AW-76-45 (1) I am Manager, Licensing 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-anaking 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 Canmission'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 Commission's regulations, tha following is furnished for consideration by the Commission 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.

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AW-76-45 (ii) The infonnation 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 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 bas.is required.

Under that system, infonnation 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 (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, 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, assurance of quality, or licensing a similar product.

(d) It reveals cost or price 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 commercial value to Westinghouse.

(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 by Westinghouse according to agreements with the owner.

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

(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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f,W-76-45 (b) It is information which is marketable in many 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 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.

(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.

c.

AW-76-45 P

(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 infonnation 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:

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

(b) Assist its customers to obtain licenses.

(c) Optimize long-term cooling design.

l l Further, this information has substantial commercial value i

as follows:

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

(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 harm 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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