ML19340D783

Requests Summary Rept,Westinghouse Reactor Vessel Level Instrumentation Sys for Monitoring Inadequate Core Cooling, (7300 Sys), Dtd Dec 1980 Be Withheld (Ref 10CFR2.790) Per Previously Submitted Application AW-77-18 Approved 771028

ML19340D783
Person / Time
Site:	Summer
Issue date:	12/23/1980
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Eisenhut D, Phillips L Office of Nuclear Reactor Regulation
Shared Package
ML19262F358	List: ML19340D774 ML19340D783
References
RTR-NUREG-0737, RTR-NUREG-737, TASK-2.F.2, TASK-TM CAW-80-75, TAC-45114, NUDOCS 8101050347
Download: ML19340D783 (7)

Text

n 9 Westinghause Water Reactor wmmen C+se Electric Corporation Divisions 3;, 23 pm:m %sm usa December 23, 1980 CAW-80-75 Mr. Darrell G. Eisenhut. Director Division of Licensing Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Phillips Building 7920 Norfolk Avenue Bethesda, Maryland 20014 ATTN: Lawrence E. Phillips Core Performance Branch, DSI APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

SUBJECT:

Summary Report, Westinghouse Reactor Vessel Level Instrumentation System for Monitoring Inadequate Core Cooling (7300 System),

December 1980 REF: NUREG-0737 Part II.F.2, Instrumentation for Inadequate Core Cooling

Dear Mr. Eisenhut:

The proprietary material transmitted by the referenced letter supplements the proprietary material previously submitted concerning the Westinghouse development of ECCS models. Further, the affidavit submitted to justify the material previously submitted, AW-77-18, was approved by the Commission on October 28, 1977, and is equally applicable to this material.

Accordingly, withholding the subject information from public disclosure is requested in accordance with the previously submitted affidavit and appli-cation for withholding, AW-77-18, dated April 6,1977, a copy of which is attached.

Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW-80-75, and should be addressed to the undersigned.

Very truly yours, h .m. '

/bek ,kRobertALWiesemann, Manager Attachment L) Regulatory & Legislative Affairs cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC

~

81010503I7,... _ _ -. - _ -

__ .-- - - _ - -- . - - . . . - - - - = - . . -

l v..z +

. i ; u; 3. :.9. , 3, ; . . ,

- *' .. .; . . . . . . . .. .,., ... ,;.;i ; / ,. , .., , . .:. y , J,Y.,..j ');Q:, ;lGh:> 'Y) i **- -

AW-77-18 AFFIDAVIT C0!?'0!!',lEALTH OF PEit!!SYLVA !IA:

55  ;

COUtiTY OF ALLEGHE?tY:

Before me, the under:igned authority, personally appeared i 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-I

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

' best of his knculedge, information, and belief:

W) $ fjL.ull8KW Robert A. Wiese.mann, .idnager Licensing Programs

~

i Sworn to and subscribed

[ before me this c/ 0 day -

l , il l of // 4 / 1977. .

'/ ,

/ .  ;(be l(( ;((/(.: , l)ll(ikI-

[ flotary Public

. .: . :m .

l .

l l

8 h

...r.,-,..-.-,.,-. . . . . - ~ . . . . _ _ _ - . _ . . . , - _ , - . . . _ _ _ . . . . . _ . . , _ , . . . _ . . - .

., . . , t. .

un;, ,

9.:.n , >m or,>:) > Q.lN<;1if.lll.D ':;:,',y' ,

-l, Q; . , ,(;.y}[',3,,,3,,.(p;,7gy:nyg1)p;;;;);.7,:>.

i

~

AW-77-18 4

j (1) I am Manager, Licensing Programs, in the Pressurized Water Reactor ,

i l

Systems Division, of Westinghouse Electric Corporation and as such, l I have been specifically delegated the function of reviewing the proprietary information sought to be withheld frcm public dis-

! closure in connection with nuclear power plant licensing or rule-I j making proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Water Reactor Divisioris, l

i

(2) I am making this Affidavit in conformance with the provisions of j 10 CFR Section 2.790 of the Cc=f ssion's regulations and in cen-  ;

junction with the Westinghouse application for withholding ac-

! companying this Affidavit. '

(3) I have personal knowledge of the criteria and procedures utili:ed by Westinghou:r .*!u .v "r-"; Syste. s in designating information f

as a trade secret, privileged or as confidential cor

r.ercial or 4

financial information.

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790

' ~

of the Comission's regulations, the following is furnished for I

consideration by the Ccmmission in determining whether the in- .

l formation sought to be withheld from public disclosure should be withheld.

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

4 i .

i . M oMJunna j  %* l e

f

,-y--,..- -,.r,. r ,- ,,m-we 3-,--,..,,--.-y-,m, , - .-v..--,y, , ,yy,-,-w, . . ~ . . -.- e . - - - - - - ,-e,~,,--. ,,-r,m.,, v. , , , - - - r - m -- y-.w..+- , +, - - - - - - *

- . - - __ - - =_ . -- . . - _- - . - __ . . . -. - _-.

s'

, . . - . .. , ... .,,.,3,..,,,,,,,,

. , ,) , , ,g;p,, ,f, . . , , . , ,

~ ~

i AW-77-13 (ii) The information is of a type customarily held in confidence by Westinghouse and not custemarily disclosed to the public.

Westinghouse has a rational basis for determining the types of information custemarily held in confidence by it and, in that i connection, utili:es a system to determine when and whether to hold certain types of information in confidence. The ap-l 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 falls in one or more of several types, the release of which might result in the loss of an existing or potential ccm-

~

petitive advantace, as folic.ts:

- .-s (a) The information reveals the distinguishing aspects of a

! process (or component, st.ucture, tool, method, etc.)

where prevention of its use by any of Westinghouse's j

competitors without license from Westinghouse constitutes

~

. a ecmpetitive 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 econcmic advantage, e.g. , by optimization or improved marketability.

a D

t-l f

[

, i... .. . . . . 3 ,. ,: , ., , , . . ,,.

i .- . ... . . . . , . , . . '

. . . . . . . . . . . . .. . . : ; > . ; ., ...;. , i..,,,...:i ,.; ,,, , .m AW-77-10

.t J

(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 producticn cap- ,

acities, budget levels, or commercial strategies of Westinghouse, its custcmers or suppl,iers. .

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

(f) It contains patentsble ideas, for which patent ;ro-tection may ou cesirable.

(g) It is not the property of Westinghouse, but must be

! treated 'sa proprietary by Westinghouse according to agreements with the owner.

There are sound policy reasons behin'd the Westinghcuse system which include the following:

i I

l (a) The use of such information by Westinghouse gives

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

l l

l

{

l

[

l '

i 1 . - . - -. -. ,,

ss

.. .>...... t

~

o . . . .. .. ., i

. . ;.. ; ; . ' .,. , : . ; ~. . . .n.. . . . q..., .

1 .

% ~

N.1-77-13 l

(b) It is information which is marketable in =any ways.

The extent to which such information is available to i competitors di=inishes the Westingh:use ability to [

t sell products and services involving tr.e use of the ,

informatien. l 4

! (c) Use by our c: petit:r w:uld put West'.1;heuse at 3 -

a competitive disadvantage by reducing his ex:enditure .

of resources at our ex:ense.

l (d) Each cc penent of proprietary informatien pertinent

' to a particular cc:;etitive advantage is potentially as valuable as tne total ec petitive advantage. If ces;etiters acquire c: per.er.ts of crocrietary in:.cr-4 mation, any one cc::enent =ay :e tne key to the entire puz:le, thereby depriving Westingneuse of a cc petitive advantage.

(e) Unrestricted disc 1csure would jeopardi:e the pcsitten

~

. " of prc=inence of Westinghcuse. in the world market, l

. and thereby give a market advantage to the :: ;etition ,

in these countries.  :

l i

I

. (f) The Westingneuse capacity to invest corporate assets in research and develc; ent depends upon the suc:ess l

in obtaining and maintaining a c; petitive advantage. .

l 1,

1 m

l l

l l

l .

w w, , , , ,, - - - . . , , , . . -..,,.--,,_yr_.,m-y , ,- 9 ,, ,,,rm, ,- .,. p-,, ,y ,_ ...,.-%v.- .--- ,

- . - - ~ - . - _ . _ - _= . - _ . _ _ . _ - . _ - . .__ - - _ . - .

, . . . . . . ,,. n ..>.,o . , s p , .,5,,p,. r. .>.

AW-77-IS (iii) The information is being transmitted to the Co.Tmission in confidence and, under the provisions of 10 C.TP 1

ction 2.790,

it is to be received in confidence by the ;crr.ission.

(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 submittal is that which is attached to Westingh:use Letter Number NS-CE-1403, Eicheldinger to Stolz, ca. m.i April 6, 1977. The letter and attachment are being s'.hritted in -

support of the Westingneuse emergency core cool ng system evaluation model.

Public disclosure of the informatien sought to be withheid

! is likely to.cause substantial harm to the c: :stitive position of Westinghouse, taking into account the value of the information to Westinghouse, the amount of effort and

. money expended by Westinghouse in developing the information, and considering the ways in which the inforraation ceuld be acquired or duplicated by others. .

Further the deponent sayeth not. ,

e 4

9

.- . .. -- -. . . . . - - . - . - - - - -