ML20205P897

Requests Withholding of 860218 Addl Info,Re Application for Amend to License NPF-30 on Reload Per 10CFR2.790

ML20205P897
Person / Time
Site:	Callaway
Issue date:	05/12/1986
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19292F324	List: ML20205P890 ML20205P897 ML20205Q203
References
CAW-86-037, CAW-86-37, NUDOCS 8605280034
Download: ML20205P897 (9)

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Westinghouse Water Reactor m 355 Pittsbur@ Pemsytvania 15230 0355 Electric Corporation Divisions

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May 12, 1986 CAW-86-037 Mr. Harold R. Denton, Director Office of Nuclear Rector Regulation U.S. Nuclear Regulatory Comission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DIS 10SURE

Subject:

Callway Plant Relmd License Amendment Request Additional Infcrmation

Reference:

Union Electric letter ULNRC-1258, dated February 18, 1986.

Dear Mr. Dentca:

The proprietary material fcr which withholding is being requested in the reference letter by the Union Electric Company is further identified in an affidavit signed by the owner of the proprietary infcrmation, Westinghouse Electric Corporation. The affidavit, which accompanies this letter, sets forth the basis on which the infcrmation may be withheld from public disclosure by the Comission and addresses with specificity the considerations listed in -

paragraph (b)(4) of 10CFR Section 2.790 of the Comission's regulations.

The proprietary traterial fcr which withholding is being requested is of the same technical type as that proprietary material previously submitted with Application for Withholding CAW-85-087.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Union Electric Company.

Correspondence with respect to the proprietary aspects of the application fcr withholding or the Westinghouse affidavit should reference this letter, CAW-86-037, and should be addressed to the tridersigned.

Ver truly yours, ,

Robert A. Wiesemann, Manager KAF/kf Regulatory & Legislative Affairs Enclosure (s) cc: E. C. Shomaker, Esq. -

Office of the Executive Legal Director, NRC N

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, PROPRIETARY IfFOR!% TION NOTICE Transmitted herewith are Proprietary and/or Non-Proprietary versions of documents furnished to the NRC in connection with requests fx generic and/or plant specific review and approval.

In order to confbrm to the requirements of 1CCFR2.790 of the Conmission's regulaticns concerning the protection of Proprietary infamation so submitted to the NRC, the infamation which is Proprietary in the Proprietary versions is contaired within the brackets and where the Proprietary infamation has been deleted in the Non-Proprietary versions only the brackets remain, the information that was contaired within the brackets in the Proprietary versions having been deleted. The justification fx claiming the infamation so designated as Proprietary id indicated in both versions by means on lower case letters (a) through (g) contaired within parentheses located as a superscript immediately following the brackets enclosing each item of infamation being identified as Proprietary or in the margin opposite such infamation. These Icwer case letters refer to the types of infamation Westinghouse customarily holds in confidence identified in sections (4)(ii)(a) through (4)(ii)(g) of the Affidavit accompanying this transmittal pursuant to 10CFR2.790(b)(1).

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. AW-76-60 AFFIDAVIT C0:7;0NWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

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-ments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

b dJsHb2.44A Robert A. Wieseniann, Manager Licensing Programs Sworn to and subscribed before,methis/ day of Ibdh 1976.

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.c <p p, AW-76-60 (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-companying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by Westinghousa Nuclear Energy Systems in designating in' formation 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 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.

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7s i AW-76-60 (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 tilat 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 fc11s in One er mere of several t'y,es, n the release of which might result in the loss of an existing or potential com-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 Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

(b) It consists of supporting data, including test data,-

relative to a process (or component, stfucture, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

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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.

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

(f) It contains patentable ideas, for which 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.

t There tire sound policy reasons behind _the Westinghouse systemT which include the following:

(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its com-petitors. It is, therefore, withheld from disclosure ito protect the Westinghouse competitive position.

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l (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. .

1 (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 t'he 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 in 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.

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(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 Westinghouse letter number NS-CE-1298, Eicheldinger to Stolz, dated December 1,1976, concerning information relating to NRC revicw of WCAP-8567-P and ucap-8%8 entitled. " Improved Thermal Design Procedure," . defining the sensitivity of DNB rat'i o to various core parameters. The letter and attachment are being submitted in response to the NRC request at the October 29, 1976 NRC/ Westinghouse meeting.

This information enables Westinghouse to:

(a) Justify the Westinghouse design.

(b) Assist its customers to obtain licenses.

(c) Meet warranties.

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

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

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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) Wes ti, house sells analysis services based upon the experience gained and the methods developed.

Public disclosure of this information concerning design pro-cedures is likely 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-

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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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