ML20101F547

Requests Info Re Radial Peaking Factor Limit Transmitted in South Carolina Electric & Gas Co Be Withheld (Ref 10CFR2.790)

ML20101F547
Person / Time
Site:	Summer
Issue date:	11/27/1984
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Office of Nuclear Reactor Regulation
Shared Package
ML20101F524	List: ML20101F521 ML20101F547 ML20101F564 ML20101F578
References
CAW-84-104, NUDOCS 8412270213
Download: ML20101F547 (9)

Text

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NJclear FuelDusen wgm & Water Rom:for

' Electric Corporation B is h se,3 sir Patsnurgh Pemstvania 15230

. CAW-84-104 November 27, 1984 Mr. Harold Denton.

• Director -

Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, DC 20555 kttention: Mr. Stephen A. Varga

Dear Mr. Denton:

APPLICATION FOR WITHHOLDING' PROPRIETARY INFORMATION FROM PUBLIC DISCLD*.E

Reference:

Letter from South Carolina Electric and Gas Company 0.W. Dixon, Jr..to H. Denton, dated 11/28/84, Radial Peaking Factor Limit.

The proprietary materials for which withholding is being requested by South Carolina Electric and Gas Company is proprietary to Westinghouse P -and withholding is requested pursuant to the provisions of paragraph (b) l (1) of Section 2.790 of the Commission's regulations.

The proprietary material transmitted by the reference letter is of P the same type as material previously submitted. Further, the affidavit l . submitted to justify the material previously submitted, AW-76-10, is j equally applicable to this material.

Accordingly.. withholding the subject infor1 nation from public disclosure l

-is requested in accordance with the previously submitted affidavit.

AW-76-10, a copy.of which is attached.

l-Accordingly, this letter authorizes the use of the Application for i: Withholding Proprietary Information and affidavit CAW-84-104 by the South Carolina Electric and Gas Company for V.C. Sumer Unit 1.

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Mr.HaroldDenton,61 rector N2vemb:r 27, 1984 Correspondence'with respect to this application for withholding or the accompanying affidavit should reference CAW-84-104 and be addressed to the undersigced.

Ver truly yours, U4Mlldb Robert A. Wiesemann Manager of Regulatory and Legislative Affairs cc: E.C. Shomaker, Esq.'

Office of the Executive Legal Director, NRC k

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i AW-76-10 i

AFFIDAVIT ..

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COMMONWEALTd 0F PENNSYLYANIA: ,

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i COUNTY OF ALLEEHENY:

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: , .

4.j@y .

. - . Robert A. Wiesamann, Manager Licensing Programs

' Sworn to and subscribed '

before me this /2.S day of 44.t.4.v' 1976.

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Notary ,Public'

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EDIYIEW K!DI.N53RY PJEUC -

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~ (1 ) I am Manager', Licensing Programs, in the Press #ized Water Reactor Systems Division, of Westinghouse Electric Corporation and as such,

• I have been specifically delegated the function of reviewing the proprietary informat. ion sought to be withheld from public dis-

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closure in connection with nuclear power plant licensing or rule-making proceedings, and am authorized to apply for its withh'olding on behalf of the Westinghouse Water Reactor Divisions. .

1 (2) I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.790 of the Comission's regulations and in con-junction with the Westinghouse application 'for withholding ac-

. companying this' Affidavit.

('3) I have pe-sonal knowledge of the criteria and procedures utilized by' Westinghouse Nuclear Eneroy Sys*sns in designating infomation as a trade secret, pr'ivileged or-as confidential comercial or -

finani:ial information. . .

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

of the Comission's' regulations, the following is furnished for consideration by the Comission in deter =ining whether the in-

• formation sought to be withheld.frcm public disclosure should be withheld. .

(1) The infon::ation sought to be withheld frem public disclosure is owned and has been held in confidence by Westinghouse.

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AW-76-10 (ii) The infomation is of a type customarily held' in confidence .

l by Westinghouse and act customarily disclosed to the putflic. .

l Westinghouse has a ratienc1 basis for determining the types of infomation customarily held in confidence by it and, in that connection, utilizes a. system to detennine wh'en and whether to hold certain types of information 'in confidence. ,

The application of that syste and.the substance of that ,

system constitutes Westinghouse policy and provides the rational basis required. -

Under that system, information is h' eld in confidence if it i falls in one or niore of several types, the release of which .- .

- might result in the loss of an existing er potential com-pacitive advantage, as follows:- -.

(a) The infor

dation reveali the distinguishing aspects of .

a process (or ' component, structure,- toni, method, etc.)

where prevention of its use by any of Westinghouse's l competitors without license from Westinghouse consti-tutes a competitive economic advantage over other companies.. ,"

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

method, etc.h the application of which data secures a competitive economic advantage, e.g., by optimization orimprojedmarketability.(

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. 4 (c) Its use by a competitor would reduce *'his expenditure of resources or improve his competitive position is 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 r 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.

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(f) It contains p4tentable ideas, for which patent pro- '

.- . taction may be desirable. .

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

treated as proprfatary by Westinghouse according to l agreements with the owner.

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- - There are sound policy reasons behind the Westinghouse ., .,

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system which.,i.nclude the following:

(a) The use of such information by Westinghouse gives l- Westinghouse a competitive advantage over its com-petitors. It is, therefore, withheid f' om r disclosure to protect the Westinghouse competitive position.

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- 5-(b) It is information which is marketabl.a 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 r, educing his expenditure-of reso'urces at our expense. -

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(~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 , , , ,

i advantage.

(e) Unrestricted disclosure would jeopardize the position

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

(f) The Westinghouse capacity to invest corporate assets in research and de'velopment depends uoen the success in obtaining and maintaining a competitive advantage.

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l AW-76-10 .

. . 6-(iii) The information is being transmitted to tG Commission in confidence and, under the provisions of 10 CFR Section 2.790,

• it is to .be received in confidence by the Comission.

(iv) The. information is not available. in public so~urces 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 Attachment II f

to Comonwealth Edison Company letter, Plim1 to Purple dated May 4, 1976, concarning reload safety and licensing. This

. information is being provided in support of a reload review of Commonweal'th Edison's Zion Station Unit 1, plant for cycle 2 operation. This information is required per NRC Branch Technical

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Posjtion CPB 4.3-1 " Westinghouse Constant Axial Offset Control (CAOC)" since t!ie applicant, proposes cycle 2 CA0C operation

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i for Fq = 2.25.' ,

This information enables Westinghouse to:

l (a) Justify the design basis for the fuel

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l (b) Assist its customers to obtain licenses l (c) Meet warranties Further, this information has substantial comercial value as follows:

(a) Westinghouse sells the use of the information to

its customers for purposes of meeting NRC requirements for licensing documentation.

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p AW-76-10 i . 7 (b) Westinghouse uses the information to perform and , ,

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justify analyses which are sold to customers.

l (c) Westinghouse uses the information to sell nuclear fuel -

I and related services to its customers. -

. Public disclosure of this information is likely to cause sub-stantial harm to the competitive position of Westinghouse in selling nuclear .

fuel, and related services.

Westingho0se retains a marketing advantage by virtue of the knowledge, experience and competence .it has gained through long involvement and .

co'nsiderable investment in all aspects of the nuclear' power generation.

industry. In particular Westinghouse has developed a unique understanding l ,

of the factors and parameters which are variable in the process of design ofnucientfuI1andwhichdoitffecttheinserviceperforsanceofthe i fuel and its suitability for the putyose for which it was provided. >

l l In all cases that purpose is to generate energy in a safe and efficient manner while enabling the operating nuclear generating station to meet all l

regulatory requirements affected by the core leading of nuclear fuel.

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Confidence in being abie to accomplish this comes from the exercise of

' judgement based on experience, in, the application of empirically derived models based on prior data and in'the use of proven analytical models to

! simulate behavior of the fuel in normal operation and under hypcthetical i .-

transients. .

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