ML20248B138

Requests That Proprietary Rept RXE-89-003-P, Steady State Reactor Physics Methodology, Be Withheld from Public Disclosure (Ref 10CFR2.790)

ML20248B138
Person / Time
Site:	Comanche Peak
Issue date:	07/11/1989
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19292J393	List: ML20248B131 ML20248B138
References
CAW-89-084, CAW-89-84, NUDOCS 8908090129
Download: ML20248B138 (9)

Text

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Westinghouse Energy Systems - Nuclear and Advanced Electric Corporation . *"'80* "

Box 355 Pmsburgh Pennsylvania 15230-0355 July 11, 19'89

. CAW-89-084

[ 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 Subj ect: RXE-89-003 P, " Steady State Reactor Physics Methodology" (Proprietary)

Dear Mr. Denton:

The proprietary information for which withholding is being requested in the enclosed letter by Texas Utilities 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 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 affidavit provided to justify withholding proprietary information in this matter is submitted as CAW-89-084.

Accordingly, this letter authorizes the utilization of the-accompanying affidavit by Texas Utility Electric Company.

Correspondence witl respect to the proprietary aspects of.the ,

application'for withholding or the Westinghouse affidavit should reference this letter, CAW-89-084, and should be. addressed to the undersigned.

Very truly yours, 890B090129 890731 W. 4 '

Yb + /b PDR ADOCK 050004459 0^/ Robert A. Wiesemann,- Manager A

PNUh Regulatory & Legislative Affairs Enclosures '

cc: E. C. Shomaker, Esq.

Office of the General Council, NRC l-D .. - _ _ _ - _ _ - -

I CAW-89-084 AFFIDAVil COMMONWEALTH OF PENNSYLVANIA:

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ss COUNTY OF ALLEGHENY: i 1

Before me, the undersigned authority, personally appeared l 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 i 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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% ,$hildlGLY Robert A. Wiesemann, Manager  !

Regulatory and Legislative Affairs Sworn to and subscribed  :

before me this / day  ?

of dulo , 1989.

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Notary Public ,,

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1 CAW 89-084 l

(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 withheld from public disclosure in connection with nuclear power j plant licensing and rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems Business Unit.

(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 Business Unit in designating information as a trade secret, privileged or as confidential I l

commercial or financial information.

1 (4) Pursuant to the provisions cl paragraph (b)(4) of Section 2.790 of the Commission's regulations, 'he following is furnished for consideration by the Commission in determining whether the  ;

information 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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CAW 89-084 (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 ir. formation customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to l h,ld certain types of information in confidence. The l appli,ation 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 confido m if it falls in one or more of several types, the release 4 m ,. might result in the loss of an existing or potential wapetitive l

advanttge, 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 adventage over other companies.

(b) It consists of supporting data, includtag test data,

, relative to a process (or component, structure, tool, methed, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

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CAW-89-084 4 (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 1 quality, or licensing a similar product. .

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(d) It reveals cost or price information, production capacities, budget levels, or co:nmercial 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 1 potential commercial value to Westinghouse. .j

( f) It contains patentable ideas, for which patent protection may be desirable.

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

There are sound policy reasons behind the Westi.4ghouse system a which include the fol% wing- l (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 q Westinghouse competitive position.

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CAW-89-084 )

(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.

(c) Use by our competitor would put Westinghouse at a J competitive disadvantage by reducing his expenditure of reseurces at our expense.. I (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 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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1 CAW-89-084 s

(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 i previously employed in the same original manner or method 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

" Steady State Reactor Physics Methodology", RXE-89-003P (Proprietary), for the Comanche Peak Steam Electric Station (CPSES), being transmitted by the Texas Utilities Electric Company (TV) letter and Application for Withholding 1 Proprietary Information from Public Disclosure, W. J.

Cahill,Jr.,(TV),to the attention of R. D. Martin,

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Region 4 Administrator, July, 1988. 'The proprietary I information as submitted for use by Texas Utilities Electric Company for the CPSES.is expected to be applicable in other TV submittals in response to certain NRC requirements for justification of reactor physics analyses required for design, licensing, startup and operation of the CPSES. )

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CAW-89-084 This information is.part of that which will enable TV Electric to: 3 (a) Provide documentation of the steady-state reactor physics methodology which will be utilized in support of design, licensing, start-up, and operation of CPSES Cores. ,

(b) ' Validate the methodology by demonstrating the ability to obtain accurate, reliable analytical results for a variety of conditions.

(c) Use Westinghouse CPSES Unit 1 Cycle 1. predicted nuclear proprietary data for comparison purposes in order to support validation of the TU reactor physics methodology described in RXE-89-003-P. -

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Further this information has substantial commercial value as follows:

I (a) Westinghouse plans to sell the use of similar f information to its customers for purposes of designing reactor cores and meeting NRC requiremetns for licensing documen+ation.

CAW-89-084 (b) Westinghouse can sell support and defense of the technology and nuclear fuel services to its customers.

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 documentation and licensing defense stevices for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet 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. l In order for competitors of Westinghouse to duplicate this l information, similar technical programs would have to be performed and a significant manpower effort, having the l requisite talent and experience, would have to be expended for developing and validating reactor physics codes and methods, a

i Further the deponent sayeth not. )

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