ML20235T986

Requests That Proprietary Rept WCAP-8567-P, Improved Thermal Design Procedure Be Withheld (Ref 10CFR2.790). Affidavit Encl

ML20235T986
Person / Time
Site:	Catawba
Issue date:	12/01/1976
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Stolz J Office of Nuclear Reactor Regulation
Shared Package
ML19304B568	List: ML20235T930 ML20235T974 ML20235T986 ML20235T999
References
AW-76-60, NUDOCS 8710130312
Download: ML20235T986 (9)

Text

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Westinghouse Electric Corporation Power Systema e232

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December 1, 1976

. . AW-76-60 Mr. John F. Stolz, Chief Light Water Recctors Branch No.1

• Division of Project Management Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission 7920 Horfolk Avenue Bethesda, Maryland 20014 .

APPLICATION FOR WITHHOLDING PROPRIETAPJ .

INFORMATION TROM PUBLIC DISCLOSURE l

SUBJECT:

Information relating to NRC review of WCAP-8567-P and

, WCAP-8568 entitled, " Improved Thermal Design Procedure,"

l / defining the sensitivity of DNB ratio to various core par-ameters.

REF: Westinghouse Letter No. H5-CE-1298 Eiche1dinger to Stolz dated December 1, 1976.

Dear Mr. Stolz:

This application for withholding is submitted by Westinghouse Electric Corporation (" Westinghouse") pursuant to the provisions of paragraph (b)(1) of Section 2.790 of the Commission's regulations. Withholding from public disclosure is requested with respect to the subject infor-mation which is further identified in the affidavit accompanying this application.

The undersigned has reviewed the information sought to be withheld and is authorized to apply for its withholding on behalf of Westinghouse.

WRD, notification of which was sent to the Secretary of the Commission on April 19 1976.

The affidavit accompanying this application 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 Section 2.790 of the Commission's regulations.

Accordingly it is respectfully requested that the subject information .

which is proprietary to Westinghouse and which is further identified in the affidavit be withheld from public disclosure in accordance with 10 CFR Section 2.790, of the Commission's regulations.

B710130312 871001

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Dece:aber 1,1976 Mr. . lohn F. Stolz 3 '

AW 76-60

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r Correspondence with 'tsocct to this application for withholding or the a'; companying affidavh;4hould reierence AW-76-60 and should be addressed to the undersigned.

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Very truly yours,

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• Robert A. Wiesemann, Manager 1,1 censing Programs

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AW-76-60 AFFIDAVIT.

COMMONWEALTH OF PENNSYLVANIA:

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. COUNTY OF ALLEGHENY: -

Before me, the undersigned authority, personally appeared

' Robert A. Wiesemann, w'no, being by me duly sworn according to law, de-poses and says that he is authorized to execute this Affidavit on behalf of W" 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, informtion, and belief:

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duS?ulsEauuud Robert A. Wiesemann, Manager 1

Licens.ing Programs

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Sworn to and subscribed .

before,methis/. day ~

of [flur[14) 1976. -

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S (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 th'e function of reviewing'the l proprietary information sought to be withheld from public dis-closure in connection with nuclear power plant licensing or rule- *\

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making proceedings, and am authorized to apply for its withholding

'on behalf of the Westinghouse Water Reactor Divisions. 1 (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 Huclear Energy Systems in designating information '

as a trade secret, privileged or as confidential commercial 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 Commission in determining whether the in-formation sought to be withheld from public disclosure should be wi thheld.'

1 (i) The information sought to be withheld'from public disclosure is owned and has been field in confidence by Westinghouse. l I g o

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(ii) The information is of a type customarily x held in confidence by Westinghouse and not customarily dis'cipsed to the public.

Westinghouse has a rational basis for d'etermining the types of information customarily held in confidence'by it and, in that connection, utilizes a system to determine wh'ea sand whether to '

hold certain types of information in confidence. 'The ap-plication of that system and the substance of that dystem constitutes Westinghouse policy and provides the ratiorihl x

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 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.

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(b) It consists of supporting data, including test data, {

relative to a process (or component, structure, tool, l I

method, etc.), the application of which data secures a competitive econom'ic advantage, e.g., by optimization or

-- improved marketability.

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Its use by a competitor' would reduce his expenditure

'e (c) of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.

l (d) It reveals cost or price information, production cap-acities, budget levels, or commercial strategies of Westinghouse, its customers or supp' tiers.

(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-l 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-

- - peti tors. It is,'therefore, withheld from disclosure to protect the Westinghouse competitive 'pos'ition. .

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(b) It is information which is marketable in many ways. e The extent to 'which s'uch information is available to competitors diminishes the Westinghouse ability to sell products and services involving the'use of the information. .

- (c) Use hy our competitor would put Westinghouse at.a competitive disadvantage hy 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 pos.ition

' of prominence of Westinghouse in the world market, and thereby give a market advantage to-the competition ..

in those countries. .

i (f) The Westinghouse capacity to invest corporate assets in research and de'velopment depends upon the success .

- in obtaining and maintaining a competitive advantage.

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AW-76-60

• [ i-e (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 sub-mittal is that which is appropriately marked in the attach-ment to Westinghouse letter number NS-CE-1298, Eiche1dinger to Stolz, dated December 1,1976, concerning information relating to NRC review of WCAP-0567-P and WCAP'-8568 entitled, " Improved Thermal Design Procedure," defining the sensitivity of DHB

/ ratio to various core parameters. The letter and attachment '

are being submitted in response to the NRC request at the October 29, 1976 NRC/ Westinghouse meeting.

This information enables Westinghouse to:

(a) Justify the Westinghouse design.

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(b) Assist its customers to obtain licenses.

(c) Meet warranties. .

(d) Provide greater operational flexibility to customers ,

assuring them of safe and reliable operation.

(e) Justify increased power capability or operating margin' ,

-1 for plants while assuring safe and reliable operation. .

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(f) Optim'ize reactor design and performance while maintaining a high level of fuel integrity. I 1

Further, the information gained from the improved thermal j design procedure is of significant commercial value as follows: ,

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

(b) Westinghouse sells analysis services based upon the ,

experience gained and the methods developed.

y Public disclosure of this information concerning design pro-

/ cedures is likely to cause substantial harm to the competitive '

position of Westinghouse because competitors could utilize this information to assess and justify their own designs without commensurate expense.

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 j competitor if he were tio invest similar sums of money and pro- l vided he had the appropriate talent available. {

l Further the deponent sayeth not.

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