ML18004A352

Requests Withholding of Proprietary Info Re RCS Flow Uncertainty,Per 10CFR2.790

ML18004A352
Person / Time
Site:	Harris
Issue date:	07/01/1986
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML18004A350	List: ML18004A349 ML18004A352
References
CAW-86-052, CAW-86-52, NUDOCS 8607300240
Download: ML18004A352 (16)

Text

Nuclear Technology Olvision Westinghouse Water Reactor Electric Corporation Divisions Box 355 PittsburghPennsylvania15230 duly 1, 1986 CAW-86-052 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

RCS Flow Uncertainty for Shearon Harris Unit 1

Dear Mr. Denton:

The proprietary material for which withholding is being requested in the reference letter by Carolina Power and Light Company is further identified in an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation. The affidavit, which accompanies this letter, sets forth the basis on which the information may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Commission's regulations.

The proprietary material for which withholding is being required is of the same technical type as that proprietary material previously submitted with Application for Withholding AW-76-60.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Carolina Power and Light Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-86-052, and should be addressed to the undersigned.

Very truly yours, Robert A. Wiesemann, Manager Regulatory 8 Legislative Affairs Enclosure(s)/1258n cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC

'b07300240 Bb0725 PDR ADOCK 05000400 A PDR

'A4 I PROPRIETARY ZNFORMATXON NOTICE TRANSMUTED HERB'ZTH ARE PROPRIETARY AND/OR NON-PROPRIETARY VERSIONS OF DOCUMBiTS FURNISHED TO THE NRC ZN CONNECTION MXTH RE}UESTS FOR GENERIC AND/OR KANT SPECXFXC REVIBl AND APPROVAL.

ZN ORDER TO CONFORM TO THE REQUIREMENTS OF lOCFB2 790 OF THE COHYISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY ZNFORMATION SO SUSYZlTED TO THE NRC, THE INFORMATION RiZCH ZS PROPRIETARY XN THE PROPRIETARY VERSIONS ZS CONTAINED MZTHZN BRACKETS AND MHERE THE PROPigETARY ZNFORNTZON HAS BEEN DELETED IN THE NON-PROPRIETARY VERSIONS RLY THE BRACKETS REMAINS THE ZNFORYATION THAT %AS CONTAINED WITHIN THE BRACKETS ZN THE PROPRIETARY VEPSIONS HAVING SEEN DELETED. THE JUSTIFICATION FOR %AIMING THE XNFORMATION SO DESIGNATED AS PROPRIETARY ZS ZNDICATED ZN BOIH VERSZONS BY MEANS OF LlMER CASE LEiiRS (a) THROUGH (g) CONTAINED iGTHZN PAPZNTBESES LOCATED AS A SUPERSCRIPT XYi -DIATELY FOLLSGNG THE BRACKETS END.CSING EACH XTEM OF INFORMATION BEING XDBiTIFZED AS PROPRIETARY OR ZN THE MARGIN OPPOSITE SUCH INFORMATION. THESE L%ER CASE LETTERS REFER TO THE TYPES OF ZNFORNTION WESTINGHOUSE CUSTOMARILY P

HOLDS ZN CONFIDENCE IDENTIFIED ZN SECTIONS (4)(1f)($ ) through (4)(11)(g) OF THE

~rDAVZT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 1OCFB2 790(b)(l) ~

AH-76-60 AFFIDAVITS COYd~iOHHEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared Robert A. Hiesemann, who, being by me duly sworn according to law, de-poses and says that he is authorized to execute this Affidavit on behalf of Hestinghouse Electric Corporation ("Hestinghouse") and that the aver-ments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief Robert A. Hiesemann, t1anager Licensing Programs Sworn to and subscribed before me this~ day of l('<i;rx6D.1976.

i kfl~ P A@ae~

Notary Public

, ~ AW-76-60 (1) I am Manager, Licensing Programs, in the Pressurized Water Reactor Systems Division, of Hestinghouse 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 Hater Reactor Divisions.

(2) I am making this Affidavit in conformance with the provisions of 10 CFR Sec ti on 2. 790 o f the Commi ss i on ' regul ati ons and in con-junction with the Westinghouse application for withholding, ac-companying this Affidavit.

K (3) I have personal knowledge of the criteria and procedures utilized by Hestinghouse Nuclear Energy Systems in designating information

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as a trade secret, privileged or as confidential commercial or h

financial information.

P (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 in-formation 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.

Al<-76-60 (ii) The information is of a type customarily held in confidence by l(estinghouse and not customarily disclosed to the'public.

llestinghouse 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 '4'estinghouse policy and provides the rational basis required.

Under that system, information is held in confidence if it

'alls in one or more of several types', the release of which might, result in the loss of an existing or potential com-h petitive 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 l(estinghouse's competitors without license from Hestinghouse constitutes a competitive economic advantage over other companies.

(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.

AH-76-60 (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 in ormation, production cap-acities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

(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>>hick patent pro-tection may be desirable.

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

There are sound policy reasons behind the Westinghouse system which include the following:

(a) The use of suck information by Westinghouse gives Westinghouse a competitive advantage over its com-petitors. It is,'herefore, withheld from disclosure to protect the Westinghouse competitive position.

e

/5l-76-60 (b) It is information which is marketable in many ways.

The extent to which such information is available to competitors diminishes the Hestinghouse ability to sell products and services involving the use of the information.

(c) 'Use by our competitor would put Mestinghouse 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 llestinghouse 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 in those countries.

(f) The Hestinghouse capacity to invest corporate assets in research and development depends upon the success

-- in obtaining and maintaining a competitive advantage.

0 AH-76-60 (iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.790, it is to be received in confidence'by the Commission.

(iv) The information is not available in public sources to the best of our knowledge and belief.

(v) The proprietary information sought to be withheld in this sub-mittal is that which is appropriately marked in the attach-ment to Hestinghouse letter number NS-CE-1298, Eicheldinger to Stolz, dated December 1, 1976, concerning information relating to NRC review of HCAP-8567-P and HCAP-8568 entitled, "Improved Thermal Design Procedure," defining the sensitivity of DNB ratio to various core parameter". The letter and attachment, are being submitted in response to the NRC request at the October 29, 1976 NRC/Hestinghouse meeting.

This information enables Hestinghouse to:

(a) 'Justify the Hestinghouse design.

(b) Assist its customers to obtain licenses.

(c) t<eet warranties.

(d) Provide greater operational flexibility to customers assuring them of safe and reliable operation.

(e) Justify increased power capability or operating margin'or plants while assuring safe and reliable operation.

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AW-76-60 (f) Optimize reactor design and performance while maintaining a high level of fuel integrity.

Further, the information gained from the improved thermal design procedure is of significant commercial value as follows:

(a) Westinghouse uses the information to perform and justify analyses which are sold to customers.

(b) Westinghouse sells analysis services based upon the "experience gained and the methods developed..

Public disclosure of this information concerning design pro-cedures is lilely to cause substantial harm to the competitive position of Westinghouse because competitors could utilize this information to assess and justify their own designs without commensurate expense.

The parametric analyses performed and their evaluation represent a considerable amount of highly qualified development effort.

This work was contingent upon a design method development pro-gram which has been underway during .the past two years.

Altogether,. a substantial amount of money and effort has been expended by Westinghouse which could only be duplicated by a competitor if he were to invest similar sums of money.and pro-vided he had the appropriate talent available.

Further the deponent sayeth not.

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