ML103560187
| ML103560187 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 07/26/2010 |
| From: | Gresham J Westinghouse |
| To: | Office of Nuclear Reactor Regulation |
| References | |
| L-2010-113, CAW-10-2895 WCAP-17094-P, Rev 2 | |
| Download: ML103560187 (8) | |
Text
Turkey Point Units 3 and 4 L-2010-113 Docket Nos. 50-250 and 50-251 Turkey Point Units 3 and 4 LICENSE AMENDMENT REQUEST FOR EXTENDED POWER UPRATE ATTACHMENT 11 Westinghouse Affidavit for Attachment 10 This coversheet plus 7 pages
. Westinghouse Westinghouse Electric Company Nuclear Services P.O.
Box 355 Pittsburgh. Pennsylvania 15230-0355 USA u.s. Nuclear Regulatory Commission Document Control Desk Washington, DC 20555-0001 Direct tel: (412) 374-4643 Direct fax: (412) 374-3846 e-mail: greshaja~westinghouse.com Proj.letter: NF-FP-lO-l72 CAW-10-2895 July 26,2010 APPLICATION FOR WITHHOLDING PROPRITARY INFORMTION FROM PUBLIC DISCLOSUR
Subject:
WCAP-17094-P, Revision 2, "Turkey Point Units 3 and 4 New Fuel Storage Rack and Spent Fuel Pool Criticality Analysis" (Proprietary)
The proprieta information for which withholding is being requested in the above-referenced report is furter identified in Affdavit CAW-10-2895 signed by the owner ofthe proprieta information, Westinghouse Electrc Company LLC. The affdavit, which accompanies this letter, sets fort the basis on which the information may be witheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragaph (b)(4) of 10 CFR Section 2.390 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying affdavit by Florida Power and Light Company.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse afdavit should reference this letter, CAW 2895 and should be addressed to J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing, Westinghouse Electrc Company LLC, P.O. Box 355, Pittsburgh, Pennsylvania 15230-0355.
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/J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Enclosures
CAW-1O-2895 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared J. A. Gresham, 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 offact set forth in this Affdavit are tre and correct to the best of his knowledge, information, and belief:
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j~t:ager Regulatory Compliance and Plant Licensing Sworn to and subscribed before me this 26th day of July 2010
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~ k e,y t' Nota Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Renee Giampole, Notary Public Penn Township, Westmoreland County My CommiSsIon ExpIres Sepl&mbei 25, 2013
2 CAW-10-2895 (1) I am Manager, Regulatory Compliance and Plant Licensing, in Nuclear Services, Westinghouse Electrc Company LLC (Westinghouse), and as such, I have been specifically delegated the function of reviewing the proprieta information sought to be withheld from public disclosure in connection with nuclear power plant licensing and rule making proceedings, and am authorized to apply for its withholding on behalf of Westinghouse.
(2) I am making this Affdavit in conformance with the provisions of 10 CFR Section 2.390 of the Commission's regulations and in conjunction with the Westinghouse Application for Withholding Proprieta Information from Public Disclosure accompanying this Affdavit.
(3) I have personal knowledge of the criteria and procedures utilzed by Westinghouse in designating information as a trade secret, privileged or as confidential commercial or financial information.
(4) Pursuat to the provisions of paragraph (b X 4) of Section 2.390 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.
(i) The information sought to be witheld from public disclosure is owned and has been held in confidence by Westinghouse.
(ii) The information is of a tye customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining the types of information customarly held in confidence by it and, in that connection, utilzes a system to determine when and whether to hold certn tyes of information in confidence. The application of that system and the substace 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 advantage, as follows:
(a) The information reveals the distinguishing aspects of a process (or component, strctue, tool, method, etc.) where prevention of its use by any of
3 CAW-l 0-2895 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, strcture, 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 expenditue of resources or improve his competitive position in the design, manufactue, 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.
(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.
There are sound policy reasons behid 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.
(b) It is information that 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.
(c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.
4 CAW-10-2895 (d) Each component of proprietry information pertinent to a paricular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprieta information, anyone component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.
(e) Unrestrcted 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 10 CFR Section 2.390, 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 sae original manner or method to the best of our knowledge and belief.
(v) The proprietry information sought to be witheld in this submittl is that which is appropriately marked in WCAP-17094-P, Revision 2, "Turkey Point Units 3 and 4 New Fuel Storage Rack and Spent Fuel Pool Criticality Analysis" (Proprieta), dated July 2010, for Turkey Point Units 3 and 4, being transmitted by Florida Power and Light Company letter and Application for Witholding Proprieta Information from Public Disclosure, to the Document Control Desk. The proprieta information as submitted for use by Westinghouse for Turkey Point Units 3 and 4 is expected to be applicable for other licensee submittls in response to certin NRC requirements for justification of spent fuel pool criticality safety analysis.
This information is part of that which wil enable Westinghouse to:
(a) Provide information in support of plant power spent fuel pool criticality safety analysis.
5 CAW-10-2895 (b) Provide customer specific calculations.
(c) Provide licensing support for customer submitts.
Furter 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 associated with spent fuel pool criticality safety analysis submittals.
(b) Westinghouse can sell support and defense of the technology to its customer in the licensing process.
(c) The information requested to be withheld reveals the distinguishing aspects of a methodology which was developed by Westinghouse.
Public disclosure of this proprietar information is likely to cause substatial har to the competitive position of Westinghouse because it would enhance the abilty of competitors to provide similar information 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 par 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, having the requisite talent and experience, would have to be expended.
Furher the deponent sayeth not.
PROPRITARY INORMTION NOTICE Transmitted herewith are proprieta and/or non-proprieta versions of documents furnished to the NRC in connection with requests for generic and/or plant-specific review and approvaL.
In order to conform to the requirements of 10 CFR 2.390 of the Commission's regulations concerning the protection of proprieta information so submitted to the NRC, the inormation which is proprietar in the proprieta versions is contained within brackets, and where the proprieta information has been deleted in the non-proprietary versions, only the brackets remain (the information that was contained within the brackets in the proprieta versions having been deleted). The justification for claiming the information so designated as proprieta is indicated in both versions by means of lower case lettrs (a) though (f) located as a superscript immediately following the brackets enclosing each item of information being identified as proprieta or in the margin opposite such information. These lower case letters refer to the tyes of information Westighouse customarily holds in confidence identified in Sections (4)(ii)(a) through (4)(ii)(f) of the affdavit accompanying this transmittal puruant to 10 CFR 2.390(b)(1).
COPYRGHT NOTICE The reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copies of the information contained in these reports which are necessar 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 2.390 regarding restrctions on public disclosure to the extent such information has been identifed as proprieta by Westinghouse, copyrght protection notwithstading. With respect to the non-proprieta versions of these reports, the NRC is permittd to make the number of copies beyond those necessar for its internal use which are necessa 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 insuffcient for this purpose. Copies made by the NRC must include the copyright notice in all instances and the proprieta notice if the original was identified as proprieta.