ML20245G681
| ML20245G681 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley |
| Issue date: | 12/22/1988 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19297H613 | List: |
| References | |
| CAW-88-131, NUDOCS 8905030208 | |
| Download: ML20245G681 (11) | |
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Westinghouse Energy Systems Nuclear ad&anced Teen i gy usion Electric Corporation Box 355 Pmsburgh Pennsylvania 15230-0355 December 22, 1988 CAW-88-131 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 DISCLOSVRE
Subject:
RTD Bypass Elimination Licensing Report For Beaver Valley Unit 1
Dear Dr. Murley:
The proprietary information for which withholding is being ' requested in:the enclosed letter by Duquesne Light Company is further identified in Affidavit CAW-88-131 signed by the owner of the proprietary.information, Westinghouse' Electric Corporation.
The affidavit, which accompanies this letter, sets forth i
the basis on which the information may be withheld.from public disclosure by the Commission und addresses with specificity the' considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Commission's regulations.
y Accordingly, this letter authorizes the utilization of the accompanying affidavit l
by Duquesne Light Company.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-88-131, and should be addressed to the undersigned.
Very truly yours, l
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Robert A Wiesemann, Manager Regulatory & Legislative Affairs Enclosures l
cc:
E. C. Shomaker, Esq.
Office of the General Counsel, NRC 8905030208 890421 PDR ADOCK 05000334 P
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PROPRIETARY INFORMATION NOTICE I
TRANSMITTED HEREWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VERSIONS OF DOCUMENTS 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 l
REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SUBMITTED TO THE NRC. THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS l
IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION HAS BEEN DELETED IN THE NON-PROPRIETARY VERSIONS ONLY THE BRACKETS REMIAN, THE INFORMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY VERSIDNS HAVING BEEN DELETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION S0 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 PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH INFORKSTION. THESE LOWER CASE LETTERS REFER TO THE TYPES OF INFORMATION WESTINGHOUSE CUSTOMARILY HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) THROUGH (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).
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AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
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COUNTY OF ALLEGHENY:
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Before me, the undersigned authority, personally appeared Robert A. Wiesemann, who, being by.me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation (" Westinghouse") and that the averments 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,. Manager.
Regulatory and Legislative Affairs l
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Sworn to and subscribed befo e me this # / day
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. CAW-88-131 I
(1)
I am Manager, Regulatory and Legislative Affairs, in the Nuclear and Advanced Technology Division, of the Westinghouse Electric l
Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information 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, Nuclear Fuel, and Power Generation Business Units.
(2)
I am making this Affidavit in conformance with the provisions of i
10CFR Section 2.790 of the Commission's regulations and in j
conjunction with the Westinghouse application for withholding f
at:ompanying this Affidavit.
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1 (3)
I have personal knowledge of the criteria and procedures utilized by
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the westinghouse Energy Systems Nuclear Fuel, and Power Generation Business Units in designating information as a trade secret,
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privileged or as confidential commercial or financial information.
(4)
Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of
^he Commission's regulations, the following is furnished for consideration by the Commis.eion 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.
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, CAW-88-131 (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 that connection,. utilizes a svstem to determine when and whether to hold certain types of information in confidence.
The application ot' that system and the substance of: that system constitutes Westinghouse policy and provides the rational basis required.
Under that system, $nformation.is held in confidence if. it falls j
in one or more of several types, the release of which might I
result in the loss of an existing or potential competitive 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 a competitive-
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economic advantage over other companies, j
I (b)
It consists of supporting data, incitling test data,.
relative to a process (or component, structure, tool, method, etc.), the application of which data cecures a competitive economic advantage, e.g., by optimization or I
improved marketability.
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(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 suppliers.
(e)
It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
(f)
It contains patentable ideas, for which patent protection 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 competitors.
It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
l CAW-88-131 (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 services involving the use of the information.
1 (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 to a particular competitive 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 puzzle, thereby depriving Westinghouse of a competitive advantage.
(e)
Unrestricted disclosure would jeopardize the position of prominenca of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.
(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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. ' CAW-88-131-(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 r.roprietary information sought to be withheld in this submittal is that which is appropriately marked in "RTD By-pass Elimination ' Licensing Report'for. Beaver Valley-Unit 1," WCAP-12058 (Proprietary), for Beaver Valley Nuclear Power Station, Unit No.1, being transmitted by the Duquesne Light Company (DLW) letter and Application for Withholding Proprietary Information from Public Disclosure, to the attention of Thomas Murley, Director, Office of Nuclear Reactor Regulation,1988.
The proprietary information as submitted for use by Duquense Light Company for the Beaver Valley Unit 1 is expected.to be applicable in other licensee submittals in response to certain NRC requirements for justification of actions to remove the existing Resistance Temperature Detector (RTD) Bypass l
system and replace with fast response thermowell mounted RTDs in the reactor coolant loop piping.
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This information is' part or that' which will enable Westinghouse to-l (a)
Provide documentation of the analyses, methods, and' testing for reaching a conclusion relative to the-l removal of existing Resistance Temperature Detector (RTD) Bypass system and the replacement.of fast response thermowell ' mounted RTDs.
(b) Support the continued validity of Loss-of-Coolant Accident (LOCA) 'and non-LOCA safety analysis initial condition assumptions.
(c)
Establish the effects of-the fast--response thermowell.
RTD system on instrumentation and Reactor Coolant System uncertainties.
(d) Assist the customer to obtain NRC' approval.
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. CAW-88-131 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 provide similar analytical do~ cementation 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 mee; 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 many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.
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1 1 CAW-88-131 In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the f
requisite talent and experience, would have to be expended for developing testing and analytical methods and performing tests.
Further the deponent sayeth not.
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