ML20217J056
| ML20217J056 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 08/13/1997 |
| From: | Sepp H WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Collins S NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19313D007 | List: |
| References | |
| CAW-97-1151, NUDOCS 9710200068 | |
| Download: ML20217J056 (8) | |
Text
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c, Westinghouse Electric Corporation Energy Systems Box ass Pittstusgh, Pennsylvarus 15230 0355 CAW 971151 August 13,1997 Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555 Attention: Mr. Samuel L. Collins APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
WCAP-10991, Rev. 5, ' Westinghouse Setpoint Methodology for Protection Systems, Milbtere Nuclear Power Station Unit 3,24 Month Fuel Cycle Evaluation', dated August 1997 proprietary)
Dear Mr. Collins:
The proprietary information for which withholding is being requested in the above-referenad report is further identified in Affidavit CAW-971151 signed by the owner of the proprietary information, Westinghouse Electric Corporation. The affidavit, which accompanies this letter, sets forth the basis on wNch the information may be withheld from public disclosure by the Commission and addresses with specificity ihe 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 Services Company.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-97-1151, and should be addressed to the undersigned.
Very truly yours, H. A Sepp, Manager ULB/kk Regulatory & Licensing Engineering Attachment cc:
Kevin Bohrer/NRC (12H5) 9710200068 971015 PDR ADOCK 05000423 P
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' AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
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COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared H. A. Sepp, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this A111dasit on behalf of Westinghouse E
Electric Corporation ("Wat :; house") and that the' averments of fact set Ibrth in this Aflidavit arc true and -
correct to the best of his knowledge, information, and belief:
is H. A. Sepp, Manager Regulatory & Licensing Engineering Sworn to and st:$ scribed -
beforemethis /
day:-
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.1997
- Notarv Pnhlic
-- NotarialSeal Rose Marie Payne, Notary Public Monroeville Boro, Ailet}hony County My Commission Expires Nov. 4. 2000 j-Memoer, Pennsylvania Assocauonof tectanes
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2-CAW 971151 (1)
I am Manager, Regulatoy & Licensing Engineering, in the Nuclear Sen ices Division, of the Westinghouse Electric Corporation and as such, I have been specincally delegated the function of reviewing the proprietary inforniation sought to be withheld from public disclosure in connection with nuclear power plant licensing and rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems Business Unit.
(2)
I am making this Affidavit in W rmance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in conjunction with the Westinghouse application for withholding accompanying this Affidavit.
(3)
I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems Business Unit in designating infonnation as a trade secret, privileged - as confidential commercial or financial information.
(4)
Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Commission's regulations, the following is fumished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld.
(i)
The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
(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 ofi ormation customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types ofinformation in confidence.
The application 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 ifit falls in ene 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 aspects of a process (or component, LIB 418139'
3-CAW 971151 structure, tool, method, etc.) where prevention ofits use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitis e economic advantage over other companies.
(b)
It consists of supgrting 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.
(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 capacities, budget levels, or commercial strategies of Westinghouse, its customers or supplicts.
(c)
It reveals aspects of ast, present, or future Westinghouse or customer funded 9
devdopment plans and programs of potential commercial value to Westinghouse.
(f)
It contains patentable ideas, for which patent protection may be desirable.
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 competitors. It is, therefore, withheld from disclomre 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 senices involving the use of the information.
(c)
Use by our competitor would put Westinghouse at a competitive disadv;.ntage by reducing his expenditure of resources at our expense.
ULIMe1397
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, CAW 97115I (d)
- Each component of proprietarv information pertinent to a particular ccmpetitive advantage is potentially as valuable as the total competitive advantage. If
. competitors acquire components of proprietary information, any one component may be the key to the entire puule, thereby d privi:.g Westinghouse of a competitive advantage.
(c)
Unrewicted disclosure would jeopardize 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 capaeny to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
(iii)
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 previously 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 marked in " Westinghouse Setpoint Methodology for Protection Systems, Millstone Nuclear Power Station Unit 3,24 Month Fuel Cycle Evaluation", WCAP-10991, Revision 5 (Proprietary), August,1997, being transmitted by Northeast Nuclear Energy Company letter and Application for Withholding Proprietary information from Public Disclosure, to Document Control Desk, Attention Mr. Samuel L Collins. The proprietary information as submitted for use by Northeast Nuclear Energy Company for the Millstone Unit 3 plant is expected to be applicable in other licensee submittals in response to certain NRC requirements forjustification of reactor protection system setpoints.
This information is part of that which will enable Westinghouse to:
(a)
Provide documentation of the methods for determination of reactor protection unarm 2
, CAW 971151 syster'1 setpoints.
(b)
Establish applicable methods for treatment of uncertainties used in the development of reactor protection system setpoints.
(c)
Assist the customer to obtain NRC approval.
Further this information has substantial commercial value as follows:
(a)
Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for licensing documentation.
(b)
Westinghouse can sell support and defense of the technology to its customers in the licensing process.
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 to l
provide similar sleeving services and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information 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 the technology described in part by the information is the result of applying the results of mauy 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 pecformed 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.
J
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Docket No. 50-423 -
B16624 1
- i a
4 Millstone Nuclear Power Station Unit No. 3 Proposed Revision to Technical Specification instrumentation Surveillances (PTSCR 3-30-97)
NNECO's Commitments 1
4 October 1997 i
4 6
U.S. Nuclear Regul: tory Commission B16624%ttachment 1\\Page1 4
Enclosure List of Regulatory Commitments The following table identifies those actions committed to by NNECO in this document.
Please notify the Manager - Regulatory Compliance at the Millstone Nuclear Power Station Unit No. 3 of any questions regarding this document or any associated regulatory commitments.
Commitment Committed Date or Outage NONE N/A 4