ML20141G507

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Requests That Proprietary Info Re Wolf Creek Fuel Design Mods Be Withheld from Public Disclosure
ML20141G507
Person / Time
Site: Wolf Creek Wolf Creek Nuclear Operating Corporation icon.png
Issue date: 06/30/1997
From: Liparulo N
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Lyons J
NRC (Affiliation Not Assigned), NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19317C477 List:
References
AW-97-1122, NUDOCS 9707090124
Download: ML20141G507 (9)
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N i y -

I Westinghouse Energy Systems Box 355

' Electric Corporation Pinsburgh Pennsylvania 15230 0355 June 30,1997  !

AW-97-1122  !

_ ,U. S. Nuclear Regulatory Commission l

' A'ITN: Document Control Desk i

- Washington, DC 20555 Attention: - J. E. Lyons, Acting Chief, Reactor Systems Branch Division of Systems Safety and Analysis i

Reference:

Letter from N. J. Liparulo to J. E. Lyons, NSD-NRC-97-5189, dated June 30,1997 l APPLICATION FOR WITilllOLDING PROPRIETARY ,

INFORMATION FROM PUBLIC DISCLOSURE  !

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Subject:

Transmittal of Response to NRC Request for Information on Wolf Creek Fuel Design  :

Modifications (Proprietary]

Dear Mr. Lyons:

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The application for withholding is submitted by Westinghouse Electric Corporation (" Westinghouse")  !

pursuant to the provisions of paragraph (b) (1) of Section 2.790 of the Commission's regulations. It 1 contains commercial strategic information proprietary to Westinghouse and customarily held in confidence. l t  !

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 2.790, Affidavit AW-97-1122 accompanies this application for withholding, setting fonh the basis on which the identified proprietary information may be withheld from public disclosure.

Accordingly, it is res~pectfully requested that the subject information which is proprietary to Westinghouse j be withheld from public disclosure in accordance with 10 CFR Section 2.790 of the Commission's

regulations.

l l Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-97-1122 and should be addressed to the undersigned.

Very truly yours, NicholasJ.: ip/~/

! aruto, Manager

__. Equipment Design and Regulatory Engineering

! cc: KevinIbhrer/ NRC(12E20) l  !

9707090124 970630 PDR ADOCK 05000482 P PDR2

Proprietar) Information Notice Transmitted herewith are proprietary and non-proprietary versions of documents furnished to the hTC. In order to conform to the requirements of 10 CFR 2.790 of the Commission's regulations concerning the protection of proprietary information so submitted to the NRC, the information which is proprietary in the proprietary versions is contained within brackets, and where the proprietary infmmation 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). Thejustification for claiming the information so designated as proprietary is indicated in both versions by means oflower 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 2.790(b)(1).

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Copyright Notice The reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copies for 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 2.790 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection not withstanding. 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 intemal 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.

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i AW-971122 1  ;

f l AFFIDAVIT  ;

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COMMONWEALTil OF PENNSYLVANIA: f ss t

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COUNTY OF ALLEGHENY-i h

Before me, the undersigned authority, personally appeared Henry A. Sepp, who, being by me duly !

t sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation (" Westinghouse") and that the averments of fact set forth in this l r

Affidavit are true and correct to the best of his knowledge, information, and belief: j l

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/ l; Henry A. Sepp, Manager j Regulatory and Licensing Engineering Sworn to and subscribed I befor e thi/ ay of .1997.

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- When 22 l Notary Public **W i

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AW-971122 (1) I am Manager, Regulatory and Licensing Engineering, in the Nuclear Sersices Division, of the i Westinghouse Electric Corporation 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 rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems Business Units.

(2) I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.790 of the Commission's regulations and in conjunction with the Westinghouse application for withholding accompanying this Afridavit.

(3) I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems Business Units 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 2.790 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.

5 (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 held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining the types ofinfonnation customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types ofinformation in confidence.

The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.

l 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 l

advantage, as follows:

AW-97-1122 i

(a) . The information reveals the distinguishing aspects of a proce:s (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouset 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, 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.

t (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.

l 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 .

I disclosure to protect the Westinghouse competitive position. I b) It is information which is marketable in many ways. The extent to which such 1

information is available to competitors diminishes the Westinghouse ability to j sell products and services involving the use of the information.  ;

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.  : i AW-97-1122  ;

4 (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 information any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a

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competitive advantage.

(e) Unrestricted disclosure would jeopaidize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.

I (f) The Westinghouse capacity to invest corporate assets in research and j development depends upon the success in obtaining and maintaining a  ;

competitive advantage. )

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I (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 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 ofour knowledge and belief.

(v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in the letter, " Transmittal of Response to NRC Request for Information on Wolf Creek Fuel Design Modifications," on June 30,1997 for submittal to the Commission, being transmitted by Westinghouse Electric Corporation (W) letter (NSD-NRC-97-5189) and Application for Withholding Proprietary Information from Public Disclosure, Nicholas J. Liparulo, W. Manager Equipment Design and Regulatory Engineering to the attention of J. E. Lyons Acting Chief, Reactor Systems Branch. The proprietary information as submitted by Westinghouse Electric Corporation is to provide information on a fuel design change.

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AW 97-1122 3

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This information is part of that which will enable Westinghouse to:  !

1 (a) Improve fuel performance l (b) Assist customert to obtain license changes resulting from fuel design I

modifications ,

1 Further this information has substantial conunercial value as follows:

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(a) Westinghouse plans to sell the modified fuel features for purposes ofimproving fuel performance (b) Westinghouse can use this process to further enhance their licensing position with their competitors i

Public disclosure of this proprietary information is likely to cause substantial harm to the l

competitive position of Westinghouse because it would enhance the ability of competitors l to provide similar licensing services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the j information to meet NRC requirements for licensing documentation without purchasing the l right to use the information. l I l l I The development of the technology described in part by the information is the result of applying the l

results of many years of experience in an intensive Westinghouse effort and the expenditure of a 1 considerable sum of money. -

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In order for competitors of Westinghouse to duplicate this information, similar technical programs l

would have to be performed and a significant manpower effort, having the requisite talent and

=p :ience, would have to be expended for developing the improved fuel design.

Further the deponent sayeth not.

Westinghouse Proprietary Class 2 I .  :

i The main changes to the current Wolf Creek fuel are the use of the Modified VANTAGE 51I Low j Pressure Drop (LPD) structural grid and the Modified VS11 Intermediate Flow Mixer (IFM) grid along with thicker walled thimble and instrument tubes. The following information was requested by the USNRC (M. S. Chatterton) regarding the design modifications to the Wolf Creek fuel. J l 1. Provide a list of all test results for tests run on the new fuel design. Also provide a list of tests that will be completed if they have not been run to date.

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2. Provide a detailed technical discussion of the applicability of the DNB correlation to be used.
3. Provide a detailed listing of the thermal margins of the new fuel relative to the current fuel in the core.

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The above information is contained in Attachments A, B, and C l

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