ML20235Z549

Requests Proprietary Classification for Resistance Temp Detector Bypass Elimination Rept & Support Documentation,Per 10CFR2.790

ML20235Z549
Person / Time
Site:	Catawba
Issue date:	05/21/1987
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19292H566	List: ML20235Z507 ML20235Z549 ML20235Z584
References
CAW-87-051, CAW-87-51, TAC-65524, TAC-65525, NUDOCS 8707270327
Download: ML20235Z549 (9)

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Wesfrtouse Water Reactor D 4 b-fElectrID)l Corporation y .. B3Srse355 eEh Penr.sy!vania 15230-0355 -

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]K CAW-87-051 M'3* p ? **rDr. Thom3 $ur(ley b {urector i

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U.SfJuclear Regulafory Comnission /

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,- .[y-APPLICATION FOR WITHHOLDING, PRO'PRIETARY

&yp , 3 1INF0fMATION!FROM fyBLIC LISCL53 Uhs 7k7'"k f Catawba Qlits 1 & 2 y .

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DearDr.Murleg:

'Th5hroprietarfmai.erial'f;orw[1hk.hholdingisbeingrequestedinthe

, reference letter by the Duke Power,. Nmpany f37 urthq identified intan roprietary information, Westinghouse aff MaltitCorporation.e Eleciiric' signed by the'Thb o*per of &he g'Which accompanies this letter, sets forth affidavit,

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thq baa!Aon which%he% formation may be withhe14.from public disclosure'by the Corrinssion ap pddMie4,,s with specificity the" considerations listed in 3@v. . paragra (b)(M 10CFR Sectiqn 2.790 of the Commission's regulations.

The proprietary mat 9 rial for which withholding is being requested is of the J

a3, . same fe talcal typfas that propd#tary material previously aubmitt.ed ' as

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gly, this letter authori s the utili$ation kf the abecmpanying hdc

- affidavitbyDukePowerCompanfy4,p .

Fls Correspondence with respect to thekruidetary aspects of the application for j 05thholding or the Weqtingbouse affiday?t9hould reference this letter,

( 1.CJWptQ, g shoulf be addressed'ho the andersigged.

I{ Qj' ygpyt3uly~yours, yy ~

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Robert A Wiesemann, b ager p

7 /dar a Pegulatory & Legislative Affairs Enclosure (s) y n '

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Office of thq7 General Council, NRC g ,_ ^L +f N' 8707270327!970726' *

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AFFIDAVIT.

COMMONWEALTH OF PENNSYLVANIA:

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, COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared e

' Robert 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 ,

L 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, information, and belief:'

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d<SDJ1 )s.15uaw.ad -

. Robert A. Wiesemann, Manager Licens.ing Programs

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Sworn to and subscribed -

before,methisM-. day

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~)totary Public

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(1) I am Manager, Licensing Programs, in the Pressurized Water Reactor Systems Division, of Wes'tinghouse Electric Corporation and hs 'suih, J 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 bn behalf gf. the Westingfiouse Water Reactor Divisions. <

(2) I am making this Affidavit in conformance with the provisions'of E 10 CFR Section L.790 of the Commission's regulations and in con-i junction with the Westinghouse application for withholding ac- .

companying this Affidavit.

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I~ (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

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financial 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 the in-f formation sought to be withheld from public disclosure should be i , withheld.

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

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'. (ii) The infomation is of a type customarily held in confidence by e Westinghouse and no't customarily disclosed to the pub'11c. .

Westinghouse has a rational basis for determining the types of j information customarily held in confidence by it and, in that l

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; basis required. '

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Under that system, information is held in confidence if it

-7 falls in one or more of several types, the release of which

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I might result in the loss of an existing or potential com-

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petitive advantage, as follows: [

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(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 h

' a competitive economic advantage over other companies.

1 (b) It consists of supporting data, including test data, relative to a process (or component, structure, tool, c method, etc.), the application of which data secures a competitive econan'ic advantage, e.g., by optimization or

-- improved marketability.

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

of resources or improve his competitive positio'n,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.

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(f) It contains patentable ideas, for which patent pro-

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tection may be desirable. .

(g) It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to r agreements with the owner.

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

e nG (a) The use of such information by Westinghouse gives Westinghouse a com'petitive advantage over its com-petitors. It is,'therefore, withheld from disclosure to protect the Westinghouse competitive position.

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l (b) It is information which is marketable in many ways. 7 The extent to 'which s';ch information is available. to competitors diminishes the Westinghouse ability to I

sell products and services involving the use of the information. .

- (c) Use by our competitor would put Westinghouse at a t competitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each component of proprietary infonnation pertinent to a particular competitive advantage is potentia'11y as valuable as the total competitive advantage. If

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__/ competitors acquire components of proprietary infor-l 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, f and thereby give a market advantage to the competition in those countries.

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k l (f) The Westinghouse capacity to invest corporate assets i in research and development depends upon the success ,

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.- in obtaining and maintaining a competitive advantage. l 8

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- (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 lsub-mittal'is that which is appropriately marked in the attach-a ment to Westinghouse letter number NS-CE-1298, Eiche1dinger to '

Stolz, dated December 1,1976, concerning information . relating 9 i to NRC review of WCAP-8567-P and WCAP-8568 entitled, " Improved Thermal Design Procedure " defining the sensitivity of DNB .

l ratio to various core parameters. The letter and attachment -

are being submitted in response to the NRC request at the

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October 29,1976.NRC/ Westinghouse meeting.

.This information enables Westinghouse to:

(a)'~ Justify the Westinghouse design, i .

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(b) Assist its customers to obtain licenses. <-

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, (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 ~ '

for plants while assuring safe and reliable operation. .

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(f) Optimize rea'ctor design and performance while maintaining a high level of fuel integrity. ,

Further, the infomation gained from the improved thermal 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.. -

Public disclosure of this information concerning design pro- ,

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cedures is likely to cause substantial ham to the competitive -

• position of Westinghouse because competitors could utilize-this information to assess and justify their own designs

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without commensurate expense.

The parametric analyses performed and their evaluation represent

- a c6nsiderable amount of highly qualified development effort.

- This work was contingent upon a design method development prom ,

gram which has been underway during the past two years.

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Altogether,. a substantial amount of money and effort has been <

expended by Westinghouse which could only be duplicated by a 5 competitor if he were to invest similar sums of money and pro-vided he had the appropriate talent available.

Further the deponent sayeth not.

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4 PROPRIETARY INFORMATION NOTICE .

,a TRANSICTTD HEREWIIH ARE PROPP.IETARY AND/OR N DOCUMENTS PURNISHED TO THE NRC IN CCHNECTIO PLAhT SPECIFIC REVIEW AND APPROVAL.

IN ORDER 10 CONFORM TO THE REQUIRDEhTS E 10 RZDULATIONS CONCERNING THE PROTECTION OF P TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN ~

CONTAING WITHIN BRACKEIS AND WHERE THE PROP .

DELETED IN THE NON. PROPRIETARY VDSIONS OC.T THE BRACKE INFOMTION THAT WAS CONTAING WIIMIN THE BR HAVING BEEN DELEIED.

THE JUSTIFICATION FOR Q AIMING THE INFORMA

( DESIDNATED AS PROPRETARY IS INDICATE IN BU LEITERS (a) THROUGH (g) C0hTAIND WITHIN PARDTHESES LO IMMEDIATELY FOLLOWING THE BRACKETS THEE ING.

DENTIFIED AS PROPRETARY OR IN THE MARGIN OP LWD CASE LEITERS REFER TO THE TYPES OF I HCt.DS IN CONFIDENCE EENTIFIED Ihl SECTIONS (4)(ii)(a) th ATTIDAVIT ACCOMPAhTING THIS TRANSMITTAL PU

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