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{{Adams
#REDIRECT [[DCL-13-016, Attachment 2 to DCL-13-016 - Westinghouse Authorization Letter, CAW-13-3599]]
| number = ML13267A131
| issue date = 01/30/2013
| title = Attachment 2 to DCL-13-016 - Westinghouse Authorization Letter, CAW-13-3599
| author name =
| author affiliation = Westinghouse Electric Co, LLC
| addressee name =
| addressee affiliation = NRC/NRR
| docket = 05000275, 05000323
| license number = DPR-080, DPR-082
| contact person =
| case reference number = CAW-13-3599, DCL-13-016
| package number = ML13267A127
| document type = Letter
| page count = 8
}}
 
=Text=
{{#Wiki_filter:Attachments 7-9 to the Enclosure contain Proprietary Information
-Withhold Under 10 CFR 2.390Enclosure Attachment 2PG&E Letter DCL-13-016 Westinghouse Authorization Letter, CAW-1 3-3599Attachments 7-9 to the Enclosure contain Proprietary information When separated from Attachments
.7-9 to the Enclosure, this document is decontrolled.
OWestinghouse U.S. Nuclear Regulatory Commission Document Control Desk11555 Rockville PikeRockville, MD 20852Westinghouse Electric CompanyNuclear Services1000 Westinghouse DriveCranberry
: Township, Pennsylvania 16066USADirect tel: (412) 374-4643Direct fax: (724) 720-0754e-mail: greshaja@westinghouse.com Proj letter: PGE-13-3CAW-13-3599 January 30, 2013APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
 
==Subject:==
 
WCAP-l 7706-P, Revision 0, "Westinghouse Setpoint Methodology as Applied to the DiabloCanyon Power Plant" (Proprietary)
The proprietary information for which withholding is being requested in the above-referenced report isfurther identified in Affidavit CAW-13-3599 signed by the owner of the proprietary information, Westinghouse Electric Company LLC. The affidavit, which accompanies this letter, sets forth the basison which the information may be withheld from public disclosure by the Commission and addresses withspecificity the considerations listed in paragraph (b)(4) of 10 CFR Section 2.390 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by Diablo Canyon PowerPlant.Correspondence with respect to the proprietary aspects of the application for withholding or theWestinghouse affidavit should reference CAW-13-3599 and should be addressed to James A. Gresham,Manager, Regulatory Compliance, Westinghouse Electric
: Company, Suite 428, 1000 Westinghouse Drive, Cranberry
: Township, Pennsylvania 16066.Very truly yours,James A. Gresham, ManagerRegulatory Compliance Enclosures CAW- 13-3599AFFIDAV ITCOMMONWEALTH OF PENNSYLVANIA:
ssCOUNTY OF BUTLER:Before me, the undersigned authority, personally appeared James A. Gresham, who, being by meduly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf ofWestinghouse Electric Company LLC (Westinghouse),
and that the averments of fact set forth in thisAffidavit are true and correct to the best of his knowledge, information, and belief:lames A. Gresham, ManagerRegulatory Compliance Sworn to and subscribed before methis 30th day of January 2013Notary PublicCOMMONWEALTH OF PENNSYLVANIA Notarial SealAnne M. Stegman, Notary PublicUnity Twp., Westmorteand CountyMy Commission Expires Aug. 7, 2016MEMBER, PENNSYLVANIA ASS.CITION OF NOTARIES 2 CAW- 13-3599(1) 1 am Manager, Regulatory Compliance, in Nuclear Services, Westinghouse ElectricCompany LLC (Westinghouse),
and as such, I have been specifically delegated the function ofreviewing 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 forits withholding on behalf of Westinghouse.
(2) I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.390 of theCommission's regulations and in conjunction with the Westinghouse Application for Withholding Proprietary Information from Public Disclosure accompanying this Affidavit.
(3) 1 have personal knowledge of the criteria and procedures utilized by Westinghouse 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 2.390 of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether theinformation 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 heldin confidence by Westinghouse.
(ii) The information is of a type customarily held in confidence by Westinghouse and notcustomarily 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 inconfidence.
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 severaltypes, 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 3CAW-13-3599 Westinghouse's competitors without license from Westinghouse constitutes acompetitive economic advantage over other companies.
(b) It consists of supporting data, including test data, relative to a process (orcomponent, structure, tool, method, etc.), the application of which data secures acompetitive economic advantage, e.g., by optimization or improvedmarketability.
(c) Its use by a competitor would reduce his expenditure of resources or improve hiscompetitive 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, orcommercial strategies of Westinghouse, its customers or suppliers.
(e) It reveals aspects of past, present, or future Westinghouse or customer fundeddevelopment plans and programs of potential commercial value to Westinghouse.
(f) It contains patentable ideas, for which patent protection may be desirable.
There are sound policy reasons behind the Westinghouse system which include thefollowing:
(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors.
It is, therefore, withheld from disclosure toprotect the Westinghouse competitive position.
(b) It is information that is marketable in many ways. The extent to which suchinformation is available to competitors diminishes the Westinghouse ability tosell products and services involving the use of the information.
(c) Use by our competitor would put Westinghouse at a competitive disadvantage byreducing his expenditure of resources at our expense.
4CAW-13-3599 (d) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage.
Ifcompetitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of acompetitive advantage.
(e) Unrestricted disclosure would jeopardize the position of prominence ofWestinghouse in the world market, and thereby give a market advantage to thecompetition of those countries.
(f) The Westinghouse capacity to invest corporate assets in research anddevelopment depends upon the success in obtaining and maintaining acompetitive advantage.
(iii) The information is being transmitted to the Commission in confidence and, under theprovisions of 10 CFR Section 2.390, it is to be received in confidence by theCommission.
(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 tothe best of our knowledge and belief.(v) The proprietary information sought to be withheld in this submittal is that which isappropriately marked in WCAP-17706-P, Revision 0, "Westinghouse SetpointMethodology as Applied to the Diablo Canyon Power Plant" (Proprietary),
dated January2013, for submittal to the Commission, being transmitted by Pacific Gas and Electricletter and Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk. The proprietary information as submitted byWestinghouse is that associated with Westinghouse's request for NRC approval ofWCAP- I 7706-P, and may be used only for that purpose.
This information is part of thatwhich will enable Westinghouse to:(a) Obtain NRC approval of WCAP-17706-P, "Westinghouse Setpoint Methodology as Applied to the Diablo Canyon Power Plant."
5CAW-13-3599 (b) Provide additional information related to instrument uncertainties.
(c) Provide licensing support for customer submittal.
Further this information has substantial commercial value as follows:(a) Westinghouse plans to sell the use of similar information to its customers for thepurpose of meeting NRC requirements for licensing documentation.
(b) Westinghouse can sell support and defense of the technology to its customers inthe licensing process.(c) The information requested to be withheld reveals the distinguishing aspects of amethodology which was developed by Westinghouse.
Public disclosure of this proprietary information is likely to cause substantial harm to thecompetitive position of Westinghouse because it would enhance the ability ofcompetitors to provide similar calculations and licensing defense services for commercial power reactors without commensurate expenses.
Also, public disclosure of theinformation would enable others to use the information to meet NRC requirements forlicensing documentation without purchasing the right to use the information.
The development of the technology described in part by the information is the result ofapplying the results of many years of experience in an intensive Westinghouse effort andthe 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 therequisite talent and experience, would have to be expended.
Further the deponent sayeth not.
PROPRIETARY INFORMATION NOTICETransmitted herewith are proprietary and/or non-proprietary versions of documents furnished to the NRCin connection with requests for generic and/or plant-specific review and approval.
In order to conform to the requirements of 10 CFR 2.390 of the Commission's regulations concerning theprotection of proprietary information so submitted to the NRC, the information which is proprietary in theproprietary versions is contained within brackets, and where the proprietary information has been deletedin the non-proprietary
: versions, only the brackets remain (the information that was contained within thebrackets 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 information beingidentified as proprietary or in the margin opposite such information.
These lower case letters refer to thetypes 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 CFR 2.390(b)(1).
COPYRIGHT NOTICEThe reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted tomake the number of copies of the information contained in these reports which are necessary for itsinternal 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 2.390 regarding restrictions on publicdisclosure 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 ispermitted to make the number of copies beyond those necessary for its internal use which are necessary inorder to have one copy available for public viewing in the appropriate docket files in the public documentroom in Washington, DC and in local public document rooms as may be required by NRC regulations ifthe number of copies submitted is insufficient for this purpose.
Copies made by the NRC must includethe copyright notice in all instances and the proprietary notice if the original was identified as proprietary.}}

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