ML20237L303

Requests That Proprietary WCAP-11522, Response to NRC Question on LOCA Hydraulic Forces Analysis of Beaver Valley Power Station Unit 2, Be Withheld (Ref 10CFR2.790). Affidavit for Withholding Rept Encl

ML20237L303
Person / Time
Site:	Beaver Valley
Issue date:	07/07/1987
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19292H668	List: ML20237L279 ML20237L303 ML20237L306
References
AW-76-38, CAW-87-066, CAW-87-66, NUDOCS 8708200166
Download: ML20237L303 (9)

Text

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Westinghouse Power Systems [j3ygnn3gngg3g3g Electric Corporation 1

July 7, 1987 i

CAW-87-066

. Dr. Thomas Murley, Director Office of Nuclear Reactor Regulatior  !

U.S. Nuclear Regulatory Commission l Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

WCAP-11522 " Response to NRC Questions on the LOCA Hydraulic Forces I Analysis of Beaver Valley Power Station Unit 2" ]

Dear Dr. Murley. l The proprietary information for which withholding is being requested in the enclosed letter by Duquesne Light Company is further identified in an affidavit signed by the owner of the proprietary 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 10CFR Section 2.790 of the Commission's regulations.

The proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously submitted with Affidavit AW-76-038.

Accordingly, this letter authorizes the utilization of the accompanying I I

affidavit by Duquesne Light Company.

1 Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-87-066, and should be addressed to the undersigned, Very truly yours, ,

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k [L4LwLLsst Robert A. Wiesemann, Manager l

Regulatory & Legislative Affairs

_ Enclosure (s) _ i cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC l

1 8708200166 870817 PDR ADOCK 05000412 P PDR

PROPA2ETARY Z W O M TIDH NOTICE

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TMNSHITTD HIDLEWITH ARE P30PAZETART AND/0R EN-PROPRETARY TRS 30CUENTS PURNISID TO BE BRC D CCNNECTION WITH RIDUDTS PDA PLANT SPECIFIC REVIEW AND APPADVAL.

D DED 1D CONFDRM TD THE RICUIREMENT3 W 10CFR2.790 CF THE C0 M IIDULATIONS CONCERNDG THE PACTECTION F PROPAIETART IWORM TD THE NRC, SE INFORMATION WHIGl IS PROPRIETARY IN WE PROPRIETARY TERSION CONTAINED WIIHIN BRACKETS AND WHERE THE PSDPRIETARY ZWORMATIO *

, MLETED D THE NON-PROP 12ETART TDSIONS (K.T THE BRACKE23 REMAIN, THE -

INFORMATION THAT WAS CENTAINED WITHIN THE BRADETS D THE PRO

( ENDG BED DELETE. THE JUSTIFICATIDW PCR CLAIMD101HE IWORMATION BES2GNATED AS P20PA2ETART IS INDICATD D BOTH'YERSIONS 37 EANS LETTDS (a) THROUGH (g) CONTAING WITHD PARENTHISD LOCATD AS A ElPDSCRIM IMMEDIATELY PELLOWING THE BRADE23 ENCLCBING EAD ITEM N INDRMA

- IISTIF2ED AS PROPRIETARY OR IN DE MARGH CPPCSITE 3001 RESE INDRMATION.

LCW2 CASE LETTERS REFER 10 THE TTPD OF ZFORMATION WI573GH003E i B2.DS IN CONTIDDCE DEmF2ED IN ECTIONS (4)(ii)(a) through (4~)(11)(g) DF THE AFFIDAVIT ACCOMPAmNG THIS TRANSMTAL PUR5UANT TD 10CFR2.790(b) l

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.AW-76-38 AFFIDAVIT I

COMMONWEALTH OF PENNSYLVANIA:

,, ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared 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 of Westinghouse Electric Corporation (" Westinghouse") and that the aver-

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ments of fact set forth in this Affidavit are true and correct to the i best of'his knowledge, information, and belief: l l

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1 Kittte Robert A. Wiesemann, Manager Licensing Programs i

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Sworn to and subs ibed bef r~ me this b day of S th[w h 1976.

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AW-76-38 (1) I am Manager, Licensing Programs, in the Pressurized Water Reactor Systems Division, of Westinghouse Electric Corporation and as such, 4 I have been specifically delegated the function of reviewing the proprietary infonnation 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 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 Consnission'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 q

by Westinghouse Nuclear Energy Systems in designating information '

as a trade secret, privileged or as confidential commercial or financial information.

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. (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 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-7 38 (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 of information customarily held in confidence by it and, in l

that connection, utilizes a system to determine when and whether to hold certain types of information in confidence.

The application of that system and the substance of that

. system constitutes Westinghouse policy and provides the

' rational basis required.

i 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 t'he loss of an existing or potential com-petitive advantage, as follows:

(a) The information reveals the distinguishing aspects of aprocess(orcomponent, structure, tool, method,etc.)

where prevention of its use by any of Westinghouse's compet". ors without license from Westinghouse consti- I tutes a competitive economic advantage over other companies.

(b) It concists of supporting data, including test data, relativ'e to a process (or component, structure, tool, method,etc.),theapplicationofwhichdatasecuresa competitive economic advantage, e.g., by optimization or improved marketability. j 4

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1 (c) Its use by a competitor would reduce his expenditure  ;

of resources or improve his competitive position in the 1 design, manufacture, shipment, installation, assurance of quality, or licensing.a similar product.

(d) 'It reveals cost or price information, production cap-acities, budget levels, cr comercial 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 comercial 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 accordinD to  ;

agreements with the owner.

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

i (a) The use of such information by Westinghouse gives Is Westinghouse a competitive advantage over its com-petitors. It is, therefore, withheld from disclosug to protect the Westinghouse competitive position.

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l (b) It'is information which is marketable in many ways. The extent to which such information is available to competitors 1 diminishes the Westinghouse ability to sell products and services involving the use of the information. f I

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

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(d) Each component of proprietary information pertinent to a .;

, particular competitive advantage is potentially as- -i valuable as.the total competitive advantage. If competitors i acquire components' of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage..  !

1 (e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and l

thereby give a market advantage to the competition in j those countries. j (f) The Westinghouse capacity to invest corporate assets in l research and development depends upon the success in I obtd ning and maintaining a competitive advantage.

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'. AW-76-38 (iii) The informa tion is being transmitted to the Comission 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 asdilable 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 the attachment to Westinghouse letter NS-CE-1193, Eiche1dinger to Stolz, dated August 31, 1976. The letter and attachment are being submitted in partial response to the June 17, 1976 NRC questions arising out of the review of the Westinghouse reports WCAP-8708 (Proprietary) and WCAP-8709 (Non-Proprietary) entitled, "MULTIFLEX, A Fortran-IV Computer Program for Analyzing Thermal-Hydraulic Structure System Dynamics." '

This information enable.t Westinghouse to:

(a) Justifythedesigrbasisforhydraulicforcingfunclions following postulated loss of coolant accidents.

(b) Assist its customers to obtain licenses.

(c) Justify the model and conservative assumptions used in hydraulic forcing functions during the subcooled de-compression.

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(d) . Verify applicability of design model.

4 Further, this infonnation has substantial commercial value as follows:

(a) Westinghouse sells the use of the information to its '

customers for purposes of meeting NRC requirements for licensing documentation. i l

(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 the competitive position of Westinghouse be-cause it would enable oth'ers to use the information to meet .

i NRC requirements for licensing documentation without purchasing the right to use the information.

The decekoment of this infonnation is the result of marsy N years of Westinghouse effort and the expenditure of a cen- l siderable sum of money.

In order for. competitors of Westinghouse to. duplicate this information, similar programs would have to be performed- l and a significant manpower effort, having the requisite l talent and experience, would have to be expended for analyses verification and code development. j Further the deponent sayeth not.

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