ML071550225
| ML071550225 | |
| Person / Time | |
|---|---|
| Site: | Wolf Creek, PROJ0694  |
| Issue date: | 05/25/2007 |
| From: | Schiffley F P PWR Owners Group |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| LSC-0029, LSC-0135, MUHP-3010, OG-07-249, TAC MB5751, WCAP- 15791, Rev 1-NP, WCAP-15791, Rev 1-P | |
| Download: ML071550225 (10) | |
Text
r .6. , .Program Management Office 4350 Northern Pike" 77-- 1, 'ý'nv Monroeville, Pennsylvania 15146 1P 0 -GA--Project No. 694 WCAP-15791, Revision 1-P WCAP- 15791, Revision 1-NP May 25, 2007 OG-07-249 Document Control Desk U. S. Nuclear Regulatory Commission Washington, DC 20555-0001
Subject:
PWR Owners Group Draft Revisions to Topical Report WCAP-15791 Revision 1, "Risk-Informed Evaluation of Extensions to Containment Isolation Valve Completion Times," and the Final Safety Evaluation (Oriminal TAC NO. MB5751). MUHP-3010/LSC-0029/LSC-0135
Reference:
- 1. "Revisions to Topical Report WCAP-15791 Revision 1-NP, "Risk-Informed Evaluation of Extensions to Containment Isolation Valve Completion Times," and the Final Safety Evaluation (Original TAC NO. MB5751)", OG-06-415, December 15, 2006.2. "Revisions to Topical Report WCAP-15791 Revision 1-NP, "Risk-Informed Evaluation of Extensions to Containment Isolation Valve Completion Times," and the Final Safety Evaluation (Original TAC NO. MB5751)," OG-07-21, January 16, 2007.On December 15, 2006 the PWROG transmitted hand-written mark-ups to WCAP-15791 Revision 1-P (Reference 1). Per the request of the NRC, the PWROG transmitted the non-proprietary hand-written mark-ups on January 16, 2007 (Reference 2). After these mark-ups were received by the NRC, it was requested that all the hand-written mark-ups be re-transmitted in typed form and issued as a complete "Draft" WCAP. Thus, enclosed are four proprietary copies and four non-proprietary copies of the mark-ups for WCAP-15791, "Risk-Informed Evaluation of Extensions to Containment Isolation Valve Completion Times." Also enclosed are: 1. One (1) copy of the Application of Withholding Proprietary Information from Public Disclosure, AW-07-2290 (Non-Proprietary).
.- f 1 Document Control Desk U. S. Nuclear Regulatory Commission OG-07-249 May 25, 2007 Page 2 of 2 2. One (1) copy of Affidavit AW-07-2290 (Non-Proprietary).
As this draft report mark up to WCAP-15791-P, Rev. 1 (Reference 1), contains information proprietary to Westinghouse Electric Company, it is being transmitted with affidavits signed by Westinghouse, the owner of the information.
The affidavits set forth the basis on which the information be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of Section 2.390 of the Commission's regulations.
Accordingly, it is respectfully requested that the information which is proprietary be withheld from public disclosure in accordance with 10CFR Section 2.390 of the Commission's regulations.
Correspondence with respect to the proprietary aspect of the Applications for Withholding or the supporting Westinghouse affidavits should reference AW-07-2290 as appropriate and should be addressed to Mr. James A. Gresham, Manager, Regulatory Compliance and Plant Licensing, Westinghouse Electric Company, P. 0. Box 355, Pittsburgh, PA 15230-0355.
Correspondence related to this transmittal and invoices associated with the review of Draft WCAP-15791, Rev. 1 should be addressed to: Mr. Gordon Bischoff, Manager Owners Group Program Management Office Westinghouse Electric Company Mail Stop ECE 5-16 P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355 If you require further information, please contact Ms. Christine DiMuzio in the PWR Owners Group Program Management Office at 412-374-5680.
Sincerely, Frederick P. "Ted" Schiffley, II, Chairman PWR Owners Group FPS:CAD:mjl Enclosures (3)cc: PWROG Steering Committee PWROG Licensing Subcommittee Participating Members PWROG Program Management Office S. Peters, USNRC S. Rosenberg, USNRC C. Brinkman, Westinghouse J. Andrachek, Westinghouse J. Andre, Westinghouse J. Gresham, Westinghouse S Westinghouse Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355 USA Directtel:
(412) 374-4419 Directfax:
(412) 374-4011 e-mail: maurerbf@westinghouse.com U.S. Nuclear Regulatory Commission Document Control Desk Washington, DC 20555-0001 Our ref: AW-07-2290 May 25, 2007 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
WCAP-15791-P, Revision 2, Draft, "Risk-Informed Evaluation of Extensions to Containment Isolation Valve Completion Times" (Proprietary)
Reference:
OG-07-0249, dated May 25, 2007 The Application for Withholding is submitted by Westinghouse Electric Company LLC (Westinghouse), pursuant to the provisions of Paragraph (b) (1) of Section 2.390 of the Commission's regulations.
It contains commercial strategic information proprietary to Westinghouse and customarily held in confidence.
The proprietary material for which withholding is being requested is identified in the proprietary version of the subject report. In conformance with 10 CFR Section 2.390, Affidavit AW-07-2290 accompanies this Application for Withholding, setting forth the basis on which the identified proprietary information 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 10 CFR Section 2.390 of the Commission's regulations.
Correspondence with respect to this Application for Withholding or the accompanying affidavit should reference AW-07-2290 and should be addressed to J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing, Westinghouse Electric Company LLC, P.O. Box 355, Pittsburgh, Pennsylvania 15230-0355.
Very truly yours, B. F. Maurer, Acting Manager Regulatory Compliance and Plant Licensing Enclosures cc: Jon Thompson (NRC O-7E I A)
AW-07-2290 bec: J. A. Gresham (ECE 4-7A) IL R. Bastien, IL (Nivelles, Belgium)C. Brinkman, IL (Westinghouse Electric Co., 12300 Twinbrook Parkway, Suite 330, Rockville, MD 20852)RCPL Administrative Aide (ECE 4-7A) (Letter and affidavit only)
AW-07-2290 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared B. F. Maurer, 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 knowledge, information, and belief: B. F. Maurer, Acting Manager Regulatory Compliance and Plant Licensing Sworn to and subscribed before me this 2 5 th day of May, 2007 Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sharon L Markle, Notary Public Monroeville Boro, Allegheny County My Commission Expires Jan. 29, 2011 Member. Pennsylvania Association of Notaries 2 AW-07-2290 (1) 1 am Acting Manager, Regulatory Compliance and Plant Licensing, in Nuclear Services, Westinghouse Electric Company LLC (Westinghouse), 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 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" 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 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 field 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 Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.
3 AW-07-2290 (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.(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 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.(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 proprictary information, any onc component 4 AW-07-2290 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 10 CFR Section 2.390, 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) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in WCAP-15791 -P, Revision 2, Draft, "Risk-Informed Evaluation of Extensions to Containment Isolation Valve Completion Times" (Proprietary), dated May 2007, on behalf of the Pressurized Water Reactors Owners Group by Westinghouse Electric Company LLC , being transmitted by Westinghouse letter (OG-07-0249) and Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk. The proprietary information as submitted by Westinghouse for the Pressurized Water Reactors Owners Group is expected to be applicable in other licensee submittals in response to certain NRC requirements forjustification of improvements to containment isolation valve completion times on a plant specific basis.This information is part of that which will enable Westinghouse to: (a) Evaluate the impact of changes to containment isolation requirements on containment isolation reliability and on plant risk.
5 AW-07-2290 (b) Assist the customer in the licensing and NRC approval of the Technical Specification changes associated with this program.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 implementation of these Technical Specification changes to their plants and to also perform a plant specific analysis that will allow additional Technical Specification improvements.(b) Westinghouse can sell support and defense of the technology to its customer in the licensing process.(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 competitors to provide similar calculations, evaluations, 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 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.
PROPRIETARY INFORMATION NOTICE Transmitted herewith are proprietary and/or non-proprietary versions of documents fuirnished 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 2.390 of the Commission's regulations concerning the protection of proprietaly 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 information 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 CFR 2.390(b)(1).
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 2.390 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.