ML20196F671

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Requests That Proprietary Info Re LTOP Sys Setpoint Review for Bvps,Unit 2,15 EFPY Heatup & Cooldown Curves,Be Withheld from Public Disclosure IAW 10CFR2.790
ML20196F671
Person / Time
Site: Beaver Valley FirstEnergy icon.png
Issue date: 04/23/1999
From: Sepp H
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Collins S
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20137V023 List:
References
CAW-99-1331, NUDOCS 9906290277
Download: ML20196F671 (7)
v • d • e


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Westinghouse Electnc Company, Box 355 Pittsburgh Pennsylvania 15230 4355 April 23,1999 CAW-99-1331 Document Control Desk.

U.S. Nuclear Regulatory Commission Washington, DC 20555 Attention: Mr. Samuel J. Collins  ;

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APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

' "Im Temperature Overpressure Protection System Setpoint Revww for Beaver Valley Unit 2 15 EFPY Heatup and Cooldown Curves" (Proprietary)

Dear Mr. Collins:

The proprietary information for which withholding is being requested in the above-referenced report is further identified in Affidavit CAW-99-1331 signed by the owner of the proprietary information, I Westinghouse Electric Company LLC. The affidavit, which accompanies this letter, sets forth the basis I 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 10 CFR Section 2.790 of the Commission's I

regulations.

l ' Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Duquesne Light Company. ]

- Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-99-1331 and should be addressed to the undersigned.

Very truly yours, 4

H. A. Sepp, Manager l Regulatory and Licensing Engineering Enclosures cc: T. Carter /NRC (SE7) 9906290277 990617 PDR ADOCK 05000412 P PDR 2168A-JB-t 4/23/99

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l CAW-99-1331 AFFIDAVIT i

COMMONWEALTH OF PENNSYLVANIA:

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COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared Henry A. Sepp, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Company LLC (" Westinghouse"), and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

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$ i;m A/Y Henry A. Sepp, Manager Regulatory and Licensing Engineering Sworn to and subscribed before me this ASMday of / ,1999 7

NotarialSeal Janet A. Scheab. Notary Public Monroeville Boro, Allegheny County My Commission Expires May 22. 2000 v,,_,

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1 l 2169A-JE 1.040999 L >

CAW-99-1331 (1) I am Manager, Regulatory and Licensing Engineering, in the Nuclear Services Division, of the Westinghouse Electric Company LLC (" Westinghouse"), 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 licensmg and rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse.

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

(3) I have personal knowledge of the criteria and procedures utilized by the Westinghouse Electric ,

Company LLC in dnignating information as a trade secret, privileged or as confidential commercial or fmancial information.

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(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.

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(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 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 application 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 competitive advanage, as follows:

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21694 3 4 040909 J

CAW-99-1331 (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 1

competitive economic advantage over other companies.

l (b) It consists of supporting data, including test data, relative to a process (or l

l 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, er licensing a similar product.

(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

(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.

i 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 disclosure to protect the Westinghouse competitive position.

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(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.

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CAW-99-1331 l

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(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 j 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 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 of 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.

(iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10CFR 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 of our knowledge and belief.

(v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in " Low Temperature Overpressure Protection System Setpoint I Review for Beaver Valley Unit 215 EFPY Heatup and Cooldown Curves" being l transmitted by DLCO letter and Application for Withholding Propnetary Information i from Public Disclosure, to the Document Control Desk, Attention Mr. Sunuel J.

l Collins. The proprietary information as submitted for use by Duquesne 1.ight Company for the Beaver Valley Unit 2 is expected to be applicable in other licensee submittals in l 1

response to certain NRC requirements. l 21694B4 040999

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CAW-99-1331 This information is part of that which will enable Westinghouse to:

(a) Provide documentation of the methods for determination of equipment operability and acceptable calibration of the noted COMS setpoint development.

(b) Provide the specific design information related to the parameters that are considered for the COMS serpoint development.

(c) Assist the customer to obtain NRC approval.

Further this information has substantial commercial value as follows:

(a) Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for licensing documentation.

(b) Westinghouse can sell support and defense of the teclunlogy to its customers in the licensing process.

l Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar calculation, evaluation and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.

in order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, 2169 Jin 5:040999

CAW-99-1331 having the requisite talent and experience, would have to be expended for developing testing and analytical methods and performing tests.

Funher the deponent sayeth not.

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