ML20114D963

Requests That Proprietary WCAP-11693,Rev 3, Grafter Microcomputer-Based Code Sys to Construct & Quantify Fault Trees, Be Withheld (Ref 10CFR2.790)

ML20114D963
Person / Time
Site:	05200003
Issue date:	08/28/1992
From:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley N NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation
Shared Package
ML20012G055	List: ET-NRC-92-3738, Forwards Nonproprietary & Proprietary WCAP-13486 & WCAP-11693,Rev 3, Grafter:Microcomputer-Based Code Sys to Construct & Quantify Fault Trees. Proprietary WCAP-11693, Rev 3 Withheld (Ref 10CFR9.17(a)(4)) ML20114D963 ML20114E006
References
PROJECT-676A AW-92-351, NUDOCS 9209100225
Download: ML20114D963 (7)

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Westl~ghouse Energy Systems Ba 32 Electric Corporation h "*"* ""* " " 2 3 33 AW-92-351 August 28,1992 Document Control Desk j

,U.S. Nuclear Regulatory Commission Docket STN 52-003 Washington, D.C. 20555

. A~ITENTION: DR. THOMAS MURLEY APPLICATION FOR WITHHOI. DING PROPRIETARY INFORMAT!ON FROM PUBl.lC DISCLOSURE

SUBJECT:

WCAP-11693, Rev. 3, E Proprietary Class 2) WCAP-13486 M Proprietary Class 3) i

" Grafter Code System User Manual for Version 1.6"

Dear Dr. Murley:

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

pursuant to the provisions of paragrr,ph (b)(1) of Section 2.790 of the Commission's regulations, it contains commercial strategic information proprietary to Westinghouse and customarily held in confidence.

-The proprietary material for which withhalding is being requested is identified in the proprietary l-

' version of the subject report, la canformance with 10CFR Section 2.790, Affidavit AW-92-351 l

accompanies this application for withholding setting forth the basis on which the identified proprietary information 'may be wit' held from public disclosure.

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

Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-92-351 and should be addressed to the undersigned.

Very trul you s, k

l N. J, Liparuto, Manager Nuclear Safety And Regulatory Activities S

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M. P. Siemien Office of the General Counsel, NRC

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AW-92-351 oi AFFIDAVIT COMMONWEALTil OF PENNSYLVANIA:

ss COUNTY OF ALLEGliENY:

Before me, the undersigned authority, personally appeared Nicholas J. Liparulo, 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 Corporation (" Westinghouse") and that the averments of fact set forth

-in this Affidavit are true and cor.tect to the best of his knowledge, informatiori, and belief:

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Nicholas J. Lip r o, h anager Nuclear Safety and Regulatory Activities Sworn to and subscribed before me this 29 day of --

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AW-92-351 c

1(1) -

. I am~ Manager, Nuclear Safety and Regulatory Activities,-in the Nuclear and Advanced

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LTechnology Division, of the 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 Unit.

(2)-

~~l 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 Energy Systems _ Business Unit in designating information as a trade secret, privileged or as confidential commercial or financial information.

3(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 Com. mission in determining whether the 'information 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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(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, l

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 a

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:

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_ f(a)!

-Thelinformation 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 c6nsists 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 optiminitio : or improved

- marketability.

Its use by a competitor wot d reduce his expenditure of resources or improve

-(c)-

i his competitive position in the design, manufacture, shipment, installation,

assurance of quality, or licensing a similar product.

(d):

11 reveals cost or price information, production capacities, budget levels, or

- commercial strategies of Westinghouse, its customers or suppliers.

. (e) '

-It reveals aspe,:ts of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to 4 Westinghouse.

c(I)l-It contains patentable ideas, for which patent protection may be desirable.

There are soun 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 s

-~ disclosure to protect the Westinghouse competitive position.

(b);

it is information which is marketable in many ways. The extent to which such information is available to competitors ditinishes the Westinghouse ability to sell products and services involving the use of the information.

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Use by our competitor would put Westinghouse at a competitive disadvantage (c);

- by reducing his' expenditure of resourecs 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 compu..ent may be the key to the entire puzzle, thereby depriving g

Westinghouse of a competitive advantage.

(c)

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)L The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining ano maintaining a

competitive advantage.

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J (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 availnble-

. information has not been previously employed in the same original manner or meinod

to the best of our knowledge and belief.

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.(v). Enciosed are Letter ET-NRC-92-3738, August 1992, and WCAP-11693, Rev. 3, 1" Grafter Code System User Manual For Version 1.6" being transmitted by 3 Westinghouse Electric Corporation (E letter and Application for Withholding Proprietary Information from Public Disclosures N. J. Liparulo (E, to Dr. Thomas

' Murley, Director, Office of NRR. - The proprietary information as submitted for use by -

Westinghouse Electric Corporation.is in response to questions concerning the AP600

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. plant and the associated design certification application and is expected to be-applicable in other licensee submittals in response to certain NRC requirements for

- justification of licensing advanced nuclear power plant designs.

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AW-92 351 This information-is part'of that which will enable Westinghouse to:

(a)

Demonstrate the design and s'afety of the AP600 Passive Safety Systems.

'(b)l Establish applicable verification testing methods.

4 (c)

- Design Advanced Nuclear Power Plants that meet NRC requirements.

-(d).

Establish technical and licensing approaches for the AP600. hat will ultimately.

tesult in a certified _ design.

t (c)

Assist customers in obtaining NRC approval for future plants.

i Further this information has substantial commercial value as follows:

1

_(a)

Westinghouse plans to sell the use of similar information to its customers for-purposes of meeting NRC requirements for advanced plant licenses.

(b)

! Westinghouse can sell support and defense of the technology to its customers in the licensing process.

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

' the competitivci position of Westinghouse because it would enhance the ability of-V l competitors to provide similar advanced nuclear power designs and licensing defense

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- services for commercial power reactors without commensurate expenses. Also, public I

Tdisclosure of the information would enable others to use the information to meet NRC l requirements for licensing documentation without purchasing.the right to use the -

information.

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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 '

Land the expenditure of a considerable sum of money.

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In order for competitors of Westinghouse to duplicate this information, sirnilar

. technical programs would have to be performed and a significant manpower effort,

- having the requisite talent and experience, would have to be expended for developing analytical methods and receiving NRC approval for those methods.

Further the deponent sayeth not.

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