ML20217F939

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Requests That W Rept Bases for Millstone Unit 3 ECCS Current & Future TS, Dtd Aug 1997 Be Withheld from Public Disclosure
ML20217F939
Person / Time
Site: Millstone Dominion icon.png
Issue date: 09/03/1997
From: Sepp H
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Collins S
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20046D849 List:
References
CAW-97-1163, NUDOCS 9710090108
Download: ML20217F939 (6)
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! Westinghouse Energy Systems Nuclear Services Division Electric Corporation pg g33 Pmsburgh Pennsylvania 15230 0355 CAW 971163 September 3,1997 Document Controi Desk

, U. S. Nuclear Regulatory Commission

Washington, DC 20555 Attention: Mr. Samuel J. Collins Application for Withholding Proprietary Information from Public Disclosure i

Subject:

  • Bases for Millstone Unit 3 ECCS Current and Future Technical
l. Specifications," dated August,1997 (Proprietary)

Dear Mr. Collins:

The proprietary information for which withholding is being requested in the above referenced report is further identified in Affidavit CAW 97-1163 signed by the owner of the proprietery 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 10 CFR Section 2.790 of the Commission's regulations.

Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Northeast Nuclear Energy Company.

2 Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW 97-1163, and should be addressed to the undersigned.

i

Very truly yours,-

, /

i H. A. Sepp, Manager Regulatory & Licensing Engineering ulB/rk f_ Attachment -

cc: Kevin Bohrer/NRC (12H5) d 9710090108 971001 PDR ADOCK0500g3 P

1

CAW-971163 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

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, . COUNTY OF ALLEGHENY:

Before me, the undersigned authority, perscnally appeared Henry A. Sepp, who, being by me duly sworn according to law, deposes and says 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:

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, f Henry A. Sepp, Manager Regulatory and Licensing Engineering Sworn to and subscribed

- before i e this //-r2 day of m~

o ,1997 4 'f Notariat Goal knot A. Schwab. Notary PubH0

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. *2- CAW.971163

1) ,

I am Manager, Regulatory and Licensing !!ngineering, in the Nuclear Services Div!*lon, of the Westinghouse !!!wtric Corporation and as such, I have been speelfically delegated the funellon of reviewmg the proprietary information sought to be withheld from public dir. closure in connection with nuclear power plant licensing and rulemaking proceedings, and am authorized to apply for its withholding on beha~. t of the Westinghouse linergy Systems ilusiness linit.

l (2) I am making *his Afildavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in conjunction with the Westinghouse application for withholding accompanying this Afildt.vit.

(3) I have personal knowledge of the criterla and procedures utillred by the Westinghouse linergy Systems ilusiness Unit in designeting information as a trade secreb privileged or as confidential corr'nerelal or finanelal Information.

l (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 Commission in determining whether aformation sought to be withheld from public disclosure s*muld be withheld.

(1) Tho aforn,ation sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

(11) 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, utillies a system to determine when and whether to hold certain types of information in confidence. The application of that system and the substanee of that system constitutes Westinghouse polley and provides the rational basis required.

Under that system, infoimation 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 competitive advantage, as follows:

(a) The information reveals the distinguishing .cpects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without lleense from Westinghouse constitutes a competitive economic advantage over other companies, nuca mm

, 3- CAW 97 Il63 (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 econom'c advantage, e.g., by optimitation or improval marketability, (c) Its use by a competi'or would reduce his expenditure of resources or improve his competitive position in the 6esign, manufacture, shipnant, installation, assurance of quality, or licensing a similar product.

(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its custr,ners i.r suppliers.

(e) It reveals aspects of past present, or future Westinghouse or customer funded development plans and programs of potential commerelal value to Westinghouse.

(f) It contains patentable ideas, for whleh patent protection may be desirable.

There are sound policy reasons bel.I'st the Westinghouse system which include the following:

(a) The use of such information by Westinghouse 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. 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 partleular competitive advantage is potentially as valuable as the total competitive advantage, if competitors acquire components of proprietary informa:!on, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage, mens mom

. 4- CAW 97 Il63 (e) Unrestricted disclosure would jeopardire the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.

(f) The Westinghouse capaelty to invest corporate assets in research and development depends opon the success in obtaining and maintaining a competitive advantage.

(ill) The information is being transmitted to the Commission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Commission.

(iv) The information sought to be protected is not available in public sources or available information has not been previou ly employed in the same original manner or method to the best of our knowledge and belief.

(v) The proprietary information sought to be withheld in this submittal is that which is appropriately mathd in *!!ases for hillistone Unit 3 ECCS Current and Future Technleal Specifications," (Proprietary), August ,1997, being transmitted by Northeast Nuclear Energy Company letter and Application for Withholditg Proprietary information from Public Disclosure, to Document Control Desk, Attention htr. Samuel J. Collins. The proprietary information as submitted for use by Nottheast Nuclear Energy Company for the hillistone Unit 3 plant is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of emergency core cooling system operating parameters.

This information is part of that which will enable Westinghouse to:

(a) Provide documentation of the methods for determination of emergency core cooling system operating parameters.

(b) Assist the customer to obtain NRC approval.

Further this information has substantial commercial value as follows:

2ROUtA4.OuM4

,, .- 5- CAW 97 Il6.1

. (a) Wedinglwae plans to sell the use of similar information to its customers for '

pt Ts ses of meeting NRC requirements for lleensing documentation. '

(b) Westinghouse can sell support and defense of the technology to its customers in the licensing process. j l

Public disclosure of this proprietary information is likely to cause substantial harm to .

the competitive position of Westinghouse because it would enhance the ability of competitors . provide r.lmilar sleeving services and lleensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to mrt 7"(C requirements for licensing documentation without purchasing the rigin is use the information.

The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money, in order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended for developing testing and analytical methods and performing tests.

Further the deponent sayeth not, mv.nu mwu

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