NRC 2004-0091, Request for Withholding of Proprietary Information from Public Disclosure
| ML042440392 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 08/25/2004 |
| From: | Koehl D Nuclear Management Co |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| CAW-02-1569, EA-03-009, NRC 2004-0091, WCAP-14000, WCAP-15950 | |
| Download: ML042440392 (12) | |
Text
Committed to Nuclear Excellence Point Beach Nuclear Plant Operated by Nuclear Management Company, LLC August 25, 2004 NRC 2004-0091 10 CFR 2.790 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington DC 20555 Point Beach Nuclear Plant, Units 1 and 2 Dockets 50-266 and 50-301 License Nos. DPR-24 and DPR-27 Request for Withholding of Proprietarv Information from Public Disclosure
Reference:
- 1) Letter from NMC to NRC dated March 30, 2004 (NRC 2004-0031)
In reference 1, Nuclear Management Company, LLC (NMC), submitted a request for NRC review and approval of relaxation from certain requirements of Nuclear Regulatory Commission (NRC) Order EA-03-009, for the Point Beach Nuclear'Plant, Unit 1. The justification for the request was based, in part, on information contained in WCAP-14000, "Structural Integrity Evaluation of Reactor Vessel Upper Head Penetrations to Support Continued Operation - Point Beach Units 1 & 2."
During a telephone conference between NMC personnel and NRC staff on August 20, 2004, NRC staff requested certain documents to allow performance of a determination for nondisclosure of WCAP-14000. This letter provides the requested documents.
Enclosed with this letter is a copy of WCAP-14000, Revision 1, dated September 2002 (Proprietary) and a copy of WCAP-1 5950, "Structural Integrity Evaluation of Reactor Vessel Upper Head Penetrations to Support Continued Operation - Point Beach Units 1 & 2," dated September 2002 (Non-Proprietary).
Also enclosed are a Westinghouse proprietary authorization letter, CAW-02-1569; accompanying affidavit; Proprietary Information Notice; and Copyright Notice.
As WCAP-14000 contains information proprietary to Westinghouse Electric Company
("Westinghouse"), it is supported by an affidavit signed by Westinghouse, the owner of the information. The affidavit 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 10 CFR 2.790.
6590 Nuclear Road
- Two Rivers, Wisconsin 54241 Telephone: 920.755.2321
Document Control Desk Page 2 Accordingly, it is respectfully requested that the information, which is proprietary to Westinghouse, be withheld from public disclosure in accordance with 10 CFR 2.790.
Correspondence regarding the proprietary aspects of the items listed above, or the supporting Westinghouse affidavit, should reference CAW-02-1569 and be addressed to H. A. Sepp, Manager of Regulatory and Licensing Engineering, Westinghouse Electric Company, P.O. Box 355, Pittsburgh, Pennsylvania 15230-0355.
This letter contains no new commitments and no revisions to existing commitments.
Dennis L. Koehl Site Vice-President, Point Beach Nuclear Plant Nuclear Management Company, LLC Enclosures (6) cc:
(w/o enclosures)
Regional Administrator, Region Ill, USNRC Project Manager, Point Beach Nuclear Plant, USNRC Resident Inspector, Point Beach Nuclear Plant, USNRC
Document Control Desk Page 3 bcc:
(w/o enclosures)
D. E. Cooper J. Gadzala F. D. Kuester (P460)
K. M. Locke (2)
File J. W. Connolly B. D. Kemp J. H. McCarthy D. A. Weaver (P346)
H. J. Kocourek (OSRC)
D. L. Koehl J. G. Schweitzer E. J. Weinkam III
ENCLOSURE 1 Westinghouse Application for Withholding Proprietary Information from Public Disclosure, CAW-02-1569; Affidavit; Proprietary Information Notice; Copyright Notice 8 pages follow
W estinghouse Westinghouse Electric Company
- Nuclear Services P.D. Box 355 Pittsburgh, Pennsylvania 15230-0355 USA U.S. Nuclear Regulatory Commission Direct tel: (412) 374-5282 Document Control Desk Directfax: (412)3744011 Washington, DC 20555-0001 e-mail: Sepplha~westingbouse.com Attention: Mr. Samuel J. Collins Our ret CAW-02-1569 November 8. 2002 APPLUCATON FOR W ITHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Dear Mr. Collins:
Enclosed:
- 1. WCAP-14000, Rev. 1, "Structural Integrity Evaluation of RV Upper Head Penetrations to Support Continued Operation - Point Beach Units I & 2" (Proprietary)
- 2.
WCAP-15950, "Structural Integrity Evaluation of RV Upper Head Penetrations to Support Continued Operation - Point Beach Units I & 2" (Non-Proprietary)
The proprietary information for which withholding is being requested in the above-referenced report is further identified in Affidavit CAW-02-1 569 signed by the owner of the proprietary information, Westinghouse Electric Company LLC. The affidavit, whicb accompanies this letter, sets forth the basis on which the information may be withheld from public disclosure by tbe Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10 CPR Section 2.790 of the Commiission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by Nuclear Management Company.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-02-1569 and should be addressed to the undersigned.
Very truly yours, IA. AX Sepp, ager Regulatory and Licensing Engineering Enclosures Cc: G. ShuklafNRR A BNFL Group company
CAV-02-1569 November 8, 2002 AFFMAM COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared H. A. Sepp. 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 Company LLC ("Westinghouse"), and that the averments of fact set forth in this Affidavit are true and correct to the best of his knoJwledge, information, and belief:
- *,H.
A. Sepp, Manager
- AV..- ne Regulatory and Licensing Engineering Sworn to and subscribed before me this Xe.... day f
,2002 Notary Public Noa"sew Malt L Gas*, NW Pdyk MOM IGb Bo= Av yCwqy MW CamissiM 50M Ja 3, 20 Mwbw. PWVW&sU Aaffci OfNoW1e
2 CAW-021 569 (1)
I am Manager, Regulatory and Licensing Engineering, in Nuclear Serviccs, Wcstinghousc Electric Company LLC ('Westinghouse'), and as such, I have been specifically delegated the function of reviewing the proprietary information sought to bc withheld from public disclosure in connection with nuclear power plant licensing and rule making proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Electric Company LLC.
(2)
I am making this Affidavit in conformanace with the provisions of IOCFR Section 2.790 of the Commission's regulations and in conjunction with the Westinghouse application for withholding accompanying this Affidavit.
(3) 1 have personal Imowlcdge of the criteria and procedures utilized by the Westinghouse Electric Company LLC in designating information as a trade secret, privileged or as confidential comnercial or financial information.
(4)
Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Comrnission-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.
(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 if 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
3 CAtV 1569 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.
(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.
(1)
It contains patentable ideas, for which patent protection may be desirable.
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.
(b)
It is information that 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 competitive disadvantage by reducing his expenditure of resources at our expense.
4 CAW-02-1569 (d)
Each component of proprictary infmation pertinent to a particular competitivc 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.
(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 infonation 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 proprietary infonmation sought to be withheld in this submittal is that which is appropriately marked in WCAP-1 4000, Rev. 1, "Structural Integrity Evaluation of Reactor Vessel Upper Head Penetrations to Support Continued Operation - Point Beach Units I & 2" (Proprietary), dated September 2002, being transmitted by the Nuclear Management Company letter and Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk, Attention Mr. Samuel Collins.
The proprietary information as submitted for use by Nuclear Management Company for Point BeachUnits I & 2 is expected to be applicable for other licensee submittals in response to certain NRC requirements forjustification of continued safe operation of Point Beach Units 1 and 2.
This information is part of that which will enable Westinghouse to:
5 CAW-02-1569 (a) Assess the risk with uncxamincd CRDM pcnctrations.
(b) Assist the customer in obtaining NRC approval.
Further this information has substantial cornnercial 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 continued safe operation with the presence of cracks in a control rod drive head penetration.
(c)
The information requested to be withheld reveals the distinguishing aspects of a methodology which was developed by Westinghouse.
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 comnpetitors to provide similar support documentation and licensing defense services for commercial power reactors without cormensurate 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.
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 requisite talent and experience, would have to be expended.
Further the deponent sayeth not.
CAW-02-1569 PROPRIETARY INFORMATION NOTICE Transmitted herewith are proprietary and/or non-proprietary versions of documents furnished to the NRC in connection with requests for generic and/or plant-specific review and approval.
In order to conform to the requirements of 10 CER 2.790 of the Cornunission'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 (f) located as a superscript immediately following the brackets enclosing each item of infornation being identified as 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)(ii)(a) through (4)(ii)(f) of the affidavit accompanying this transmittal pursuant to 10 CER 2.790(b)( 1).
CAW-02-1569 COPYRIGHT NOTICE The reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copies of the information contained in these reports which are necessary for its internal use in connection with generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 2.790 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection notwithstanding. With respect to the non-proprietary versions of these reports, the NRC is permitted to make the number of copies beyond those necessary for its internal use which are necessary in order to have one copy available for public viewing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as may be required by NRC regulations if the number of copies submitted is insufficient for this purpose. Copies made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.