ML20247G401

Application for Withholding Proprietary WCAP-12228, Transit Time Flow Meter Calculation (Ref 10CFR2.790)

ML20247G401
Person / Time
Site:	Comanche Peak
Issue date:	03/22/1989
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19297H472	List: ML20247G395 ML20247G401 ML20247G411
References
CAW-89-047, CAW-89-47, NUDOCS 8904040216
Download: ML20247G401 (9)

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O Westhighouse Energy Systems Nuclear and Advanced Electric Corporation "" ' D " 8' "

Box 355 Pittsburgh Pennsylvania 15230-0355 March 22, 1989 CAW-89-047 Dr. Thomas Murley, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY i INFORMATION FROM PUBLIC DISCLOSURE  !

Subject:

Transit Time Flow Meter (TTFM) Calculation, WCAP-12228.

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the enclosed letter by Tl' Electric 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 rov 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 required is of the ,

same technical type as that proprietary material previously submitted as '

Affidavit CAW-88-047.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by TV Electric Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-89-047, and should be addressed to the undersigned.

Very truly yours, WE TINGH0VSE ELECTRIC CORPORATION Robert A. Wiesemann, Manager Regulatory & Legislative Affairs Enclosures

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cc: E. C. Shomaker, Esq.

Office of the General Counsel, NRC OCK$$$$$& PDC

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PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R 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 REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION S0 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 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 FACH ITEM ON INFORMATION. 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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CAW-89-047 AFFIDAVIT 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, 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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t. hU W l{t(Ic7 H t( _

Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this 22 O day of T LLtd L ,1989. I i

de M. f'MA l 1

Notary Public  ;

NOTAR;AL SEAL LORRAINE M PIPLCA, NOTARY PUBLC MONRCEV:LLE 80RO. MEGHENY COUNTY 1 1

MY COW l$$CN EXPIRES DEO 14. M1 Meeer. PennsyNaas ks:W.7W We4 l

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i CAW-89-047 (1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear and Advanced Technology Division, of the Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be l withheld from public disclosure in connection with nuclear power l plant licensing and rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems Business Unit. l l

1 (2) I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in conjunction with the Westinghouse application for withholding accompanying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems dusiness Unit in designating information as a trade secret, privileged or as confidential commercial or 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 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-89-047 (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 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.

Under that system, information is held in confidence 11 it falls in one or more of several types, the release of which might result in the loss of an existing or potential competitive 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.

(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 improved marketability.

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CAW-89-047

-(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 potentia 1' 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.

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l-CAW-89-047 l 'l (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.

I (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 i 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 oepriving Westinghouse of a competitive advantage.

(e)' Unrestricted disclosure would jeopardize the position of prominence 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-89-047 ,

(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

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'o thelbest of.our' knowledge and belief.  !

(v) The proprietary information sought to be' withheld in this submittal is'that which is appropriately marked in

" Transit Time Flow Meter (TTFM) Calculation", WCAP-12228 (Proprietary), for Comanche-Peak Steam Electric Station,  !

being transmitted by the Texas Utilities Electric Company )

(TU) letter and Application for Withholding Proprietary.

j Information from Public Disclosure, R. Walker, TU, to Attention Dr. Thomas Murley, March, 1989. The proprietary information as submitted for'use by Texas Utilities Electric Company for the Comanche Peak Station is. expected l to be applicable in other licensee submittals in response  !

to certain NRC requirements for justification of the )

magnitude of the uncertainty of the Azimuthal Velocity  ;

Profile for the Trancit Ti'e nFlow Mete  !

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.c CAW-89-047 This information is part or that which will enable Westinghouse to:

(a) Provide documentation of the' analysis, methods, in including an "NRC conservatism' factor" in the determination of the minimum RCS flow that. Comanche Peak must verify at the beginning of a cycle.

(b) Calculate the accuracy of the Transit Time Flow Meter (TTFM). ,

(c) Establishes the systemmatic and random uncertainties for the Azimuthal Velocity Profile.

li (d)- Provides the method for determining the total RCS flow '

measurement uncertainty.

-s (e) Assist the customer to obtain NRC approval. ,

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Further this information has substantial commercial value as follows:

I (a) Westinghouse plans to sell the use of similar

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information'to~its customers for purposes of meeting  !

NRC requirements for licensing documentation.

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