ML19337A062

Forwards Setpoint Study for Farley 1 & 2, Proprietary (WCAP-8313) & Nonproprietary (WCAP-9768) Versions. Application & Affidavit for Withholding Encl

ML19337A062
Person / Time
Site:	Farley
Issue date:	07/25/1980
From:	Anderson T WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	John Miller Office of Nuclear Reactor Regulation
Shared Package
ML19268D023	List: ML19337A062 ML19337A063
References
NS-TMA-2283, NUDOCS 8009080294
Download: ML19337A062 (13)

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Westinghouse Water Reactor weadeanc!cEv Dese Electric Corporation Divisions eco33 P ttsturgq Pennsylvania 15230 July 25, 1980 Mr. James R. Miller, Chief NS-TMA-2283 Special Projects Branch Division of Project Management U. S. Nuclear Regulatory Commission Phillips Building 7920 Norfolk Avenue Bethesda, Maryland 20014

Dear Mr. Miller:

Enclosed are:

1. Forty (40) copies of WCAP-8318, "Farley Setpoint Study" (Proprietary)

2. Twenty (20) copies of WCAP-9768, "Farley Setpoint Study" (Non-Proprietary versionofWCAP-8318)

Also enclosed are:

1. One (1) copy of Application for Withholding AW-80-42 (Non-Proprietary)

2. One (1) copy of Affidavit (Non-Proprietary)

The enclosed information is being submitted in response to a request made by Mr. Lester Kintner of Licensing Branch No. 2, Division of Licensing for use

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in review of the Farley Unit 2 application (Docket Number 50-364).

This submittal contains proprietary information of Westinghouse Electric Cor-poration. In conformance with the requirements of 10CFR Section 2.790, as amended, of the Commission's regulations, we are enclosing with this submittal an application for withholding from public disclosure and an affidavit. The affidavit sets forth the basis on which the information may be withheld from public disclosure by the Commission.

Correspondence with respect to the affidavit or application for withholding should reference AW-80-42 and should be addressed to R. A. Wiesemann, Manager, Regulatory and Legislative Affairs, Westinghouse Electric Corporation, P. O. Box 355, Pittsburgh, Pennsylvania 15230.

Very,truly yours, i

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/bek hT.M. Anderson, Manager Enclosures Nuclear Safety Department

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THIS DOCUMENT CONTAINS

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M we3"e**p=a Westinghouse Water Reactor Electric Corporation Divisions ga 333 Pittsburgn Pennsy!vania 15230 July 25,1980 Mr. James R. Miller, Chief AW-80-42 Special Projects Branch Division of Project Management U. S. Nuclear Regulatory Couission Phillips Building 7920 Norfolk Avenue Bethesda, Maryland 20014 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

SUBJECT:

Farley Nuclear Plant, Unit No. 2 (Docket Number 50-364);

WCAP-8318, "Farley Setpoint Study" (Proprietary)

REF: Westinghouse Letter No. NS-TMA-2283, Anderson to Miller, dated July 25, 1980

Dear Mr. Miller:

The proprietary material transmitted by the referenced letter is of the same technical type as the proprietary material previously submitted concerning the design bases for thermal overpower delta T and thermal overtemperature delta T trip functions. Further, the affidavit submitted to justify the material previously submitted, AW-77-16, is equally applicable to this material.

Accordingly, withholding the subject information from public disclosure is requested in accordance with the previously submitted non-proprietary affi-davit and application for withholding, AW-77-16, dated March 31,1977, a copy of which is attached.

Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-80-42, and should be addressed to the undersigned.

Very truly yours, OftL l Mt.d4U

/bek Robert A. Wiesemann, Manager Attachment Regulatory & Legislative Affairs cc: E. C. Shomaker, Esq.

Office of Executive Legal Director (NRC)

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estinghouse Electric Corporation Power Systems PWASystems0msm Box 355 PinsburgnPennsylvanL115230 March 31, 1977 AW-77-16

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Mr. John F. Stolz, Chief Light Water Reactors Branch No.1 Division of Project Management Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission 7920 Norfolk Avenue Bethesda, Maryland 20014

. APPLICATION FOR WITHHOLDING PROPRIETARY

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INFORMATION FROM PUBLIC DISCLOSURE

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SUBJECT:

WCAP-8745, " Design Bases for the Thermal Overpower Delta T and Thermal Overtemperature Delta T Trip Functions" (Pro-prietary)

REF.: Westinghouse Letter No. NS-CE-1390, Eicheldinger to Stolz, dated March 31, 1977

Dear Mr. Stolz:

This application for withholding is submitted by Westinghouse Electric Corporation (" Westinghouse") pursuant to the provisions of paragraph (b)(1) of Section 2.790 of the Commission's regulations. Withholding

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from public disclosure is requested with respect to the subject infor-mation which is further identified in the affidavit accompanying this application.

The undersigned has reviewed the information sought to be withheld and -

is authorized to apply for its withholding on behalf of Westinghouse, WRD, notification of which was sent to the Secretary of the Commission on April 19, 1976.

The affidavit accompanying this application sets forth the basis on which the information may be withheld from public disclosure by the Consnission and addresses with specificity the considerations listed in paragraph (b)(4) of Section 2.790 of the Commission's regulations.

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March 31, 1977 Mr. John F. Stolz AW-77-16

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

Correspondence with respect to this application for withholding or the accompanying affidavit should be addressed to the undersigned.

Very truly yours,

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Robert A. Wiesemann, Manager Licensing Programs

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Attachment cc: J. A. Cooke, Esq.

Office of the Executive Legal Director, NRC

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AW-77-16 AFFIDAVIT COMMONWEALTH OF PEllNSYLVAtlIA:

ss COUNTY OF ALLEGHEllY:

Before me, the undersigned authority, personally appeared Robert A. Wiesemann, who, being by me duly sworn according to law, de-poses and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation (" Westinghouse") and that the aver-

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ments of fact set forth in this Affidavit are true and correct to the

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, best of his knowledge, information, and belief: ,

Robert A. Wiesemann, Manager Licensing Programs

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Sworn to and subscrised bef e me this 8 fay of abil 19?7.

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/ Notary Public

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AW-77-16 (1) I am Manager, Licensing Programs, in the Pressurized Water Reactor Systems Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public dis-closure in connection with nuclear power plant licensing or rule-making proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Water Reactor Divisions.

(2) I am making this Affidavit in conformance with the provisions of

- 10 CFR Section 2.790 of the Commission's regulations and in con-junction with the Westinghouse application for withholding ac-compan: 'ng this Affidavit. ,

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(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Energy Systems 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 2.790 of the Commission's regulations, the following is furnished for

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' consideration by the Commission in determining whether the in-formation sought to be withheld from public disclosure should be withheld.

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(i) The information sought to be withheld from public disclosure is owned and has been held in confidenye by Westinghouse.

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• AW-77-16 (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 ap-plication 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

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falls in one or more of several types, the release of which ,

might result in the loss of an existing or potential com-

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petitive advantage, as follows:

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(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

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a competitive economic advantage over other companies.

(b) It consists of supporting data, including test data, relative to a process (or component, structure, tool,

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mathod, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

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• AW-77-16

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(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 cap-acities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

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(e) It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grams of potential commercial value to Westinghouse. .

(f) It contains patentable ideas, for which patent pro-tection may be desirable.

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

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There are sound policy reasons behind the Westinghouse

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system which include the following:

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(a) The use of such information by Westinghouse gives

. Westinghouse a competitive advantage over its com-petitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

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AW-77-16

, (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 competitive disadvantage by reducing his expenditure of resources at our expense.

(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 infor- .

mation, 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

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of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition in those countries.

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(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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