ML17207A172

Enclosure 3: Affidavit of Westinghouse Electric Co, LLC

ML17207A172
Person / Time
Site:	North Anna
Issue date:	11/18/2016
From:	Gresham J Westinghouse
To:	Office of Nuclear Reactor Regulation
Shared Package
ML17207A161	List: ML17207A170 ML17207A171 ML17207A172 ML17207A173 ML17207A174
References
16-383A
Download: ML17207A172 (8)

Text

Serial No. 16-383A Docket Nos.: 50-338/339 Enclosure 3 AFFIDAVIT OF WESTINGHOUSE ELECTRIC COMPANY, LLC (Westinghouse information only)

VIRGINIA ELECTRIC AND POWER COMPANY NORTH ANNA POWER STATION UNITS 1 AND 2 I

Westinghouse Non-Proprietary Class 3

@Westinghouse Westinghouse Electric Company 1000 Westinghouse Drive Cranbany Township, Pennsylvanla 16066 .

USA U.S. Nuclear Regulatory Commission Direct tel: (412) 37~3 Document Control Desk Direct fax: (724) 940-8560 11555 Rockville Pike e-mail: greshaja@westinghouse.com Rockville, MD 20852 CAW-16-4510 November 18, 2016 APPLICATION FOR WITHHOLDING PROPRJETARY INFORMATION FROM PUBLIC DISCLOSURE

,

Subject:

Review of North Anna Fuel Data for Dominion New Fuel Storage Area ~nd Spent Fuel Pool (Proprietary)

• The Application for Withholding Proprietary Information from Public Disclosure is submitted by Westinghouse Electric Company LLC ("Westinghouse"), pursuant to the provisions of paragraph (b)(l) of Section 2.390 of the Commission's regulations. It contains commercial strategic information proprietary to Westinghouse and customarily held in confidence.

The proprietary infonnation for which withholding is being requested in the above-referenced report is further identified in Affidavit CAW-16-4510 signed by the owner of the proprietary infonnation, Westinghouse Electric Company LLC. The Affidavit, which accompanies this Jetter, sets forth the basis on which the infonnation may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10 CFR Section 2.390 of the Commission's regulations. *

• The subject document was prepared and classified as Westinghouse Proprietary Class 2. Westinghouse requests that the document be considered proprietary in its entirety. As such, a non-proprietary version Will not be issued.

Accordingly, t~is letter authorizes the utilization of the accompanying Affidavit by Dominion.

Correspondence with respect to' the proprietary aspects of the Application for Withholding or the Westinghouse Affidavit should reference CAW-16-4510, and should be addressed to James A. Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company, 1000 Westinghouse Drive, Building 3 Suite 310, Cranberry Township, Pennsylvania 16066.

'.~

l_, A. Gresham. Manager Regulatory Compliance

© 2016 Westinghouse Electric Company LLC. All Rights Reserved.

CAW-16-4510 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

SS COUNTY OF BUTLER:

I, James A. Gresham, am 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 my knowledge, infonnation, and belief.

aJl!es A. Gresham, Manager.

Regulatory Compliance Date: _ ,rf,~[~ -'- ~---

-1

a CAW-16-4510 (1) I am Manager, Regulatocy Compliance, Westinghouse Electric Company LLC ("Westinghouse"),

anc;l 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 rule making proceedings, and am authorized to apply for its withholding on behalf

. .

of Westinghouse.

(2)

• I am. making this_ Affidavit in conformance with the provisions of 10 CFR Section 2.390 of the Commission's regulations and in conjunction with the Westinghouse Application for Withholding Proprietary Information from Public Disclosure accompanying this Affidavit.

(3) I have personal knowledge .of the criteria and procedures utilized by Westinghouse in designating infol.111a~ion as a trade secret, privileged or as confidential commercial or financial information.

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.390 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 t~ 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 h~ld 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 co~stitute

. .

Westinghouse policy and provide the rational basis required.

Under that system, ~onnation is held in confi.Clence if it falls in one" or more of several types, the release of which might result in the loss of an existing or po~ntial competitive advantage, as follows:

(a) The information reveals the distinguishing aspects of a process (or component, structwe, tool, method, etc.) where prevention of its use by any of

4 CAW-16-4510 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

• '

1 component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or i~proved

. marketability. .

I (c) Its use by a competitor would reduc:e his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a simil~r product.

(d) It rev~ls cost or price infonnation, production e:apacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

I (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.

(iii) 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 infon:nation is available to competitors diminishes the Westinghouse ability to sell"protjucts and services involving the use of the information.

. (c) *Us~ by our competitor would put Westinghouse at a competitive disadvantage by

. . .

reducing his expenditure of resources at our expense.

5 CAW-16-4510 (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 Westinghousirnf a competitive advantage.

(e) UJ1!estricted disclosure would jeopardize the position of prominence of Westinghouse in the wqrld 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.

(iv) The information is being transmitted to the Commission in confidence and, under the provisions of 10 CPR Section 2.390, is to be received in confidence by the Commission.

(v)

• The.information sought to be protected is not available in public soqrces or available infonnation has not been previously employed in the same original manner or method to the best of our knowledge and belief. .

(vi) The proprietacy information sought to be withheld in this submittal is that which is appropriately marked in SFDT-16-98, Revision l, "Review of North Anna Fuel Data for

• Dominion New Fuel Storage Area and Spent Fuel Pool" (Proprietary), for submittal to the Commission, being transmitted by Dominion letter and Application for Wit~holding Proprietary Information from Public Disclosure, to the Document Control Desk. The P.roprietary information as submitted by Westinghouse is that associated with spent fuel pool storage information for criticality analyses, and may be used only for that purpose.

(a)

• This information is pa.rt of that which will enable Westinghouse to perform spent fuel pool analyses.

(b) Further, this information has su~stantial commercial value as follows:

6 CAW-16-4510 (i) Westinghouse plans to sell the use of similar information 'to its customers.

for the purpose of spent fuel pool analysis.

(ii) Westinghouse can sell support and defense of industry guidelines and .*

acceptance criteria for plant-specific applications.

(iii) 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 competitiye position of Westinghouse because it would enhance the ability of competitors to provide similar technical evaluation justifications 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 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 o~

applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerabl~ sum of money.

In order for comp~titors 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.

PROPRIETARY INFORMATION NOTICE Transmitted herewith are proprietary and non-proprietary versions of a document, furnished to the NRC in connection with re~uests for generic. and/or plant-specific review and approv.al.

• In order to conform to the requirements of 1. 0 CPR 2.390 of the Commission's regulations concerning the protection of proprietary information so submitted to the ~C, 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"inforrnation that was contained within the brackets in the proprietary versions having been deleted). *The justification for claiming the infonnation so designated as proprietary is indicated in both versions by means of lower case letters (a) through (t) located as a superscript immediately following the brackets enclosing each item of information being ide.ntified as proprietary or in the margin opposite such information. These lower case letters refer to the types of infonnation Westinghouse customarily holds in confidence identified in Sections (4)(ii)(a) through (4)(ii)(t) of the Affidavit accompanying this transmittal pursuant to 10 CPR 2.390(b)(l).

COPYRIGHT NOTICE The reports transmitted herewith each be¥ a Westinghouse copyright notice. The NRC is permitted to make the number of copies of the information contained in these reports which are neces8ary for .itS internal use in connecti~n with generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a licer:ise, permit, order, or regulation subject to the requirements of 10 CPR 2.390 regar~ing 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 ma]s:e 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 roo*m 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 ll,1ade by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary,