ML20238F026

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Requests That Proprietary WCAP-11496, Resistance Temp Detector Bypass Elimination Licensing Rept for Millstone Unit 3, Be Withheld from Public Disclosure (Ref 10CFR2.790)
ML20238F026
Person / Time
Site: Millstone Dominion icon.png
Issue date: 06/26/1987
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:
Office of Nuclear Reactor Regulation
Shared Package
ML19292H758 List:
References
CAW-87-061, CAW-87-61, NUDOCS 8709150347
Download: ML20238F026 (10)
v • d • e


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June 26, 1987 l

Nuclear Technology Westinghouse Power Systems system omsion j Fhttric Corporation Box 355 Pittsbu@ PemsyNanla 15230 0355 CAW 87-061 i

Dr. Thomas Murley, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

RTD Bypass Elimination Licensing Report for Millstone Unit 3

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the enclosed letter by Northeast Utilities 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 Comm!ssion's regulations.

The proprietary material for which withholding is being required is of the same technical type as that pc cietary material previously submitted as Affidavit AW-76-60.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Northeast Utilities.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-87-061, and should be addressed to the undersigned.

A Very truly yours,, ,

a (, G'MVLtIk./

Robert A. Wiesemann, Manager Regulatory & Legislative Affairs Enclosures cc: E. C. Shomaker, Esq.

Office of the General Council, NRC Ohk $hf Ph'

PROPRIETARY INFORMATION N01 CE TRANSMITTED HEREWITH ARE PROPRIETARY AND/OR NON-PROPPJ _fARY VERSIONS OF DOCUMENTS l- FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/0R PLANT SPECIFIC REVIEW AND APPROVAL.

IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR2.790 0F THE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SUBMITTED TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION HAS BEEN DELETED IN THE NON-PROPRIETARY VERSIONS ONLY THE BRACKETS REMAIN, THE INFORMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY VERSIONS HAVING BEEN DELETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION SO DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY MEANS OF LOWER CASE LETTERS (a)

THROUGH (g) ' CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT IMMEDIATELY FOLLOWING THE BRACKETS ENCLOSING EACH ITEM OF INFORMATION BEING IDENTIFIED AS l PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH INFORMATION. THESE LOWER CASE LETTERS REFER TO THE TYPES OF INFORMATION WESTINGHOUSE CUSTOMARILY HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(11)(a) THROUGH (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).

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AW-76-60 s

AFFIDAVIT-a N' COMMONWEALTH OF PENNSYLVANIA:

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.- COUNTY-0F. ALLEGHENY:-

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- Before me, the undersigned authority, personally- appeared

- Robert A. Wiesemann, who, being by me' duly: sworn according to'1aw, de-poses and says that he'is authorized to execute this Affidavit on beha1f -l

' of blestinghouse 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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- Robert A. Wiesemann, Hiniger '-l' Licens.ing Programs l

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,L Sworn to and su,bscribed before,me thise day of $timb1O '

1976

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/ - Notary Public

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AW-76-60 (1) I am Manager, Licensing Programs, in the Pressurized Water Reactor Systems Division, of Westinghouse Electric Corporation and as such, J have been specifically delegated the function of reviewirrg'the proprietary information sought to be withheld from public dis-  !

closure in cor.nection with nuclear power plant licensing or rule-making proceedings, and am authorized to apply for its withholding I

bn 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 Commission's regulations and in con-junction with the l$stinghouse 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 j 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.'

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

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e (ii) The information is of a type customarily held in confidence by Westinghouse and no't 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 I

connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The ap- j plication of that system and the substance of that system l constitutes Westinghouse policy and provides the rational 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:

i (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.

(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 economic advantage, e.g., by optimization or

-- im-roved marketability.

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AW-76-60 (c) Its use by a competitor would reduce his expenditure 'e of resources or improve his competitive position in the design, manufacture, shipment, installation, ass 0rance .

of quality, or licensing a similar product. f (d) It reveals cost or price information, production cap-

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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.

(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 according to agreements with the owner.

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

(a) The use of such infon..; tion by Westinghouse gives Westinghouse a competitive advantage over its com-petitors. It is,' thcrefore, withheld from disclosure to protect the Westinghouse competitive position.

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' ".[ ~5- AW-76-60 J (b) It is information which is marketable in many ways. ,

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W The extent to 'which such information is available to competitors diminishes the Westinghouse ability to- 1

- sell products and services involving the'use of the {

information. l (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 j

to a particular competitive advantage is potentially l

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 development depends upon the success

.- in obtaining and maintaining a competitive advantage.

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AW-76-60

i-The information is being transmitted to the Commission in -r (iii) '

confidence 'and, under the provisions of 10 CFR Section 2.790, it is to be received in confidence by the Commission. '

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(iv) The information is not available in public sources to the

  • best of our knowledge and belief.

'(v) The proprietary inf'ormation sought to be withheld in this sub-mittal is that which is appropriately marked in the attach-i ment to Westinghouse letter number NS-CE-1298, Eiche1dinger to

.Stolz, dated December 1,1976, concerning information relating to NRC review of WCAP-8567-P and WCAP-8568 entitled, " Improved f 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 HRC/ Westinghouse meeting.

.This information enables Westinghouse to: j w

(a) Justify the Westinghouse design.

(b) Assist its customers to obtain licenses.

(c) Meet warranties. ..

(d) Provide greater operational flexibility to customers assuring them of safe and relia'$ operation. ,

I (e) Justify increased power capability or operating margin 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. l g -

Further, the information 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 sel s analysis services based upon the

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experience gained and the methods developed.

J 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 7 a c6nsiderable 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 competitor if he were tio invest similar sums of money and pro-vided he had the appropriate talent available.

Further the deponent sayeth not.

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