ML20199G703

Requests That Rev 3 to WCAP-14807, Notrump Final Validation Report for AP600, Be Withheld from Public Disclosure

ML20199G703
Person / Time
Site:	05200003
Issue date:	11/17/1997
From:	Sepp H WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Quay T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19313D095	List: ML20199G703 NSD-NRC-97-5439, Forwards Proprietary Change Pages to WCAP-14807, Notrump Final Validation Rept for AP600, Reflecting Concerns Raised at ACRS Meeting on Notrump Held in mid-1997.Proprietary Rept Withheld
References
AW-97-1185, NUDOCS 9711250256
Download: ML20199G703 (15)

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• Qif5 November 17,1997 Document Control Desk U.S. Nuclear Regulatory Commission

• Washington, DC 20555 A'ITENTION:

MR. T. R. QUAY APPL.lCATION FOR WITilllOI. DING PROPRIETARY INFORMATION FROM PUllt.lc DISCLOSURi!

SUlijSCT:-

WCAP.14807 NOTRUMP FINAL VALIDATION REPORT FOR AP600, Rl! VISION 3, NOVEMilER 1997

%v hh. Quay:

The application for withholding is submittcd b, Westinghouse Electric Corporation (" Westinghouse")

pursuant to tne provisions of paragraph (b)(1) of Section 2.790 of the Commission's regulations, it contains commercial strategic information proprietary to Westinghouse and customarily held in

. con 0dence.

1he proprietary material for which withholding is being requested is identined in the proprietary

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version of the subject report. in confonnance with 10"FR Section 2.790, Afridavit AW 97-Il85 accoirpanies this application for withholding setting forth the basis on which the identified proprietary infor:aationi may be withheld from public disclosure.

Accordingly, it is respectfully requested that the subject information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Comm'ssion's regulations.

Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW 97 Il85 and should be addressed to the undersigned.

=Very truly yours.

.h llenry A. Sepp, Ma a Regulatory 1.icensing and Engiacering jml

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Keein llohrer.

NRC OWFN - MS l'lE20 h

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I COPYRIGHT NOTICE 1he reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is pennitted 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 violat on of a i

license, pennit, order, or regulation subject to the requirements of 10 CFR 2.790 regarding restrictions on public disclosure to the extent such inform ttion has been identified as proprietary by Westinghouse, copyright protection notwithstanding. With respect to the non proprietary versions of these reports, the NRC is perrnitted to make the number of copics 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, D.C. arid in local public document rooms as may be required by NRC regulations if the number of copics submitted is insullicient for this purpose. Coples made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.

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o PROPRil:TARY 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 CFR 2.790 of the Commission's regulations concerning the protection of proprietary information so submitted to the NRC, the information will be resubmitted at a later date along with a non proprietary copy of the material. The information which is proprietary in the proprietary versions will be contained within brackets, and where the proprietary information has been deleted in the non proprietary versions, only the brackets will 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 will be indicated in both versions by means of lower case letters (a) through (f) contained within parentheses located as a superscript immediately following tne brackets enclosing each item of information being identified as proprietary or in the margin opposite such information. These lower case letter. refer to the types of information Westinghouse customarily holds in confidence identified in Section (4)(ii)(a) through (4)(ii)(f) of the aflidavit accompanying this transmittal pursuant to 10 CFR2.790(b)(1).

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i AW 97.Il85 i

4 AFFIDAVIT.

COMMONWEALTil OF PENNSYLVANIA:

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i COUNTY OF ALLEGilENY:

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liefore me, the urdersigned authority, personally appeared llenry A. Sepp, who, being by me:

ff duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf -

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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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itenry A. Se(pp, Manager Regulatory and Licensing Engineering.

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Sworn to and subscribed -

before me this / 7 M day of sh 199~

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Janet A. Schwr.b Nmq Ptw

--jjgf Morwoev1\\'*e tLv: M9cnont C My Comm:ssion t e.W Mar 22. 2 y,

Notary Public uwtat *GZXuiaton otiuses g#

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AW 971185 (1)

I am Manager, Regulatory 1.icensing and Eagineering, in the Nuclear Services 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 plant licensing and rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westingnouse 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 accompar4ying this Affidavit.

(3)

I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems ilusiness Unit in designating information as a trade secret, privileged er 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.

(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 fbr 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 Westingheuse policy and provides the rational Dasis required.

Under that system, infbrmation is held in confidence if it falls in one or more of several types, the release of which might result in the less of an existing or potential competitise advantage, as follows:

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AW 971185 (a)

'ihe infonnation 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 Westinghous constitutes a competitive economic advantage over other companies.

(b)

It consists of supporting data, including test d6a, 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 infonnation, production capacities, budget levels, commercial strategies of Westinghouse, its customers or suppliers.

(c)

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.

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 which is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and seivkes involving the use of the information.

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AW 97 ll85 a

t (c)

Use by ou. competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

(d) llach component of proprietary infonnation 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 punic, thereby depriving Westinghouse of a competitive advantage.

(c)

Unrestricted disclosure would jeopardire 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 !n 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 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 to the best of our knowledge and belief.

(v) linclosed is Letter DCP/NRCl138 (NSD-NRC 97-5439), December 17,1997, being transmitted by Westinghouse filectric Corporation @) letter and Application for Withholding Proprietary Information from Public Disclosure, lirian A. McIntyre @),

to Mr. T. R. Quay, Office of NRR. The proprietary information as submitted for use by Westinghouse filectric Corporation is in response to questions concerning the AP600 plant and the associated design certification application and is expected to be applicable in other licensee submittals in response to certain NRC requirements for Hs9A mpf

AW-97 ll8$

e justification oflicensing advanced nuclear power plant designs.

3 This information is part of that which will enable Westinghouse to:

(a)

Demonstrate the design and safety of the Ap600 Passive Safety Systems.

(b)

I?stablish applicable verification testing methods.

(c)

Design Advanced Nuci v Power Plants that meet NRC requirements.

(d)

Establish technical arid licensing approaches for the Ap600 that will ultimately result in a certified design.

(c)

Assist customers in obtaining NRC approval for future plants.

Further this information has substantial commercial value as follows:

(a)

Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for advanced plant licenses.

(b)

Westinghouse can sell support and defense of the technology to its customers in the licensing process.

Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse hecause it would enhance the ability of competitors to provide similar advanced nuclear power designs and licensing defase services for commercia! powt. reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the infonnation to meet NRC requirements for licensing documentation without purchasing the right to use the information.

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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 j

twhnical programs would have to be performed and a significant manpower efTort, having the requisite talent and experience, would have to be expended for developing analytical methods and receiving NRC approval for those methods.

- Further the deponent sayeth not.

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