-0 A) Q~/i~3~(A7~REGULATORY INFORMATION DISTRIBUTION SYSTEM (RIDS)
DISTRIBUTION FOR INCOMING MATERIAL 50-305
REC: SCHWENCER A NRC
OR(O: *JAMES. E W WI PUB SVC:
DI:C:DATE: 08/123/78 DATE RCVD: 08/25/f
DOCTYPE: LETTER NOTARIZED: YES COPIES RECEIVED SUBJECT: LTR 1 ENCL 20 REQUESTING WITHHOLDING PURSUANT TO 2.790 INFO... FORWARDING PROPRIETARY INFO CONSISTING OF SUBJECT FACILITY"S CYCLE 4 STARTUP PHYSICS TEST REPT RESULTS, DTD 1978... NOTARIZED 08/11/76... W/ATT NON-PROP COPY OF SUBJECT REPT, . WESTINGHOUSE AFFIDAVIT REQUESTI
PLNTNAE:KL:WI.NE EVEWR(NIIA:mJREVIEWER INITIAL: XJM DISTRIBUTOR INITIAL:
* ++**++***** +* DISTRIBUTION OF THIS MATERIAL IS AS FOLLOWS ***++++++++++++++
NOTES: I & E - 3 CYS ALL MATERIAL 2. LAWRENCE(OELD) - 1 COPY ALL MATERIAL
REACTOR STARTUP TEST RPT (DISTRIBUTION CODE A027)
FOR ACTION:
INTERNAL:
EXTERNAL:
BR CI ORB#I BC**W/2 ENCL 1
'EG FILE**W/ENCL LOW4?is NRC PDR**W/ENCL I .ENCL MIPCm*W/ENCL HANAUER**W/ENCL. PLANT SYSTEMS BR**W/ENCL EEB w*W/ENCL REACTOR SAFETY BR**W/2 ENCL CrOIRE PERFORMANCE BR**W/ENCL
LPDR-'S KEWAUNEE, WI**W/ENCL
TERA**W/ENCL NSIC**W/ENCL ACRS CAT B**W/ENCL
I.
DISTRIBUTION: LTR 17 SIZE: 1P+1P+155P
ENCL 17
** ~F* ~************************** ~f*~** THE END
CONTROL NBR: 782430241
K 0
PLANT NAME:KEWAUNEE
THE END
zLS
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* .. I
/I n. .
0
WISCONSIN PUBLIC SERVICE CORPORATION
August 23, 1978
Mr. A. Schwencer, Chief
Operating Reactors Branch #1
Office of Nuclear Reactor Regulation
U. S. Nuclear Regulatory Commission
Washington, D.C. 20555
Gentlemen:
P.O. Box 1200, Green Bay, Wisconsin 54305
.
C-)
*-1
~1
Ref: Docket 50-305 Operating License DPR-43 Kewaunee Cycle 4 -.Startup Physics Test Report
Attached are five (5) proprietary and twenty (20) non-proprietary copies of
the Kewaunee Nuclear Power Plant's Cycle 4 Startup Physics Test Report being.
submitted in support of the application associated with the Kewaunee Nuclear Power
Plant.
The proprietary version of this document contains information proprietary to
Westinghouse Electric Corporation. It is supported by a previously submitted
affidavit signed by Westinghouse, the owner of the information. The affidavit
sets forth the basis 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 Section 2.790 of the Commission's regulations.
Accordingly, it is respectfully requested that the information which is pro
prietary to Westinghouse be withheld from public disclosure in accordance with
10 CFR Section 2%.790 of the Commission's regulations. Correspondence with
respect to the proprietary aspects of the supporting affidavit should reference
CAW-78-55, and should be addressed to R. A. Wiesemann, Manager, Licensing
Programs, Westinghouse Electric Corporation,.P. 0. Box 355, Pittsburgh,
Pennsylvania, 15230.
The non-proprietary version of this document has the information proprietary
to Westinghouse removed and is provided for distribution to the public document
rooms.
Very truly yours,
E. W. ames Senior ' esident Power Sup y & Engineering
cmn
Attachments (Westinghouse affidavit and letters, July 11, 1978, Dec. 30, 1977, & July 19, 1976)
cc - J A Cooke, Esq.
Office of the Executive Legal Director, NRC
- eg
Westinghouse Water Reactor Boxa353 . . .Pitltsburgh Pennsylvania 15230
Electric Corporation Divisions July 11, 1978 LP-1 018
'Mr. Edson G. Case, Acting Director. Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555
Attention: A. Schwencer, Chief Operating Reactors Branch No. 1
SUBJECT: Docket No. 50-305, Kewaunee Nuclear Power Plant
REF: Wisconsin Public Service Corporation Application for Withholding, July 1978
Dear Mr. Case:
The proprietary material for which withholding is being requested by Wisconsin Public Service Corporation is of the same technical type as that proprietary material previously submitted by Westinghouse concerning the results of the control rod worth program. Further, the affidavits signed by the owner of the proprietary information, Westinghouse Electric Corporation, which were submitted to justify the material previously submitted, AW-77-54, were approved by the Commission on February 28, 1978, and are equally applicable to this material.
Accordingly, this letter authorizes the utilization of the previously furnished affidavit, AW-77-54 dated December 30, 1977, in support of the application associated with Wisconsin's Kewaunee Nuclear Power Plant, a copy of which is attached.
Correspondence with respect to the proprietary aspects of the Westinghouse affidavit should reference CAW-78-55, and should be Addressed to the undersigned.
Very truly yours,
Robert A. Wiesemann, Manager Licensing Programs
/bek Attachment
cc: J. A. Cooke, Esq. Office of the Executive Legal Director, NRC
I, VRC
Elech ic Corporation Divisions December 30, 197
. AW-77*-54
!ir. John F. Sltolz, Chief LJ,,h Water Reactors Branch No. 1 Division of Project Ianagement Office of Nuclear Reactor Regulation U:S. Nuclear Regul atory Comi-ssion Wash ing ton, D. C. 20555
APPLICATION FOR ITHOLDIN( PROPRI E TARY
INFORMATION FROM PUBLIC DISCLOSURE
SUBJECT: WCAP-9217, "Results of th Control Rod orth Program"
REF: Westinghouse Letter No. NS-CE-1643, Eicheldinger to Stolz, dated December 30, 1977
Dear Mr. Stolz:
The proprietary material being transmitted by the referenced letter is of the sametechnical type as the proprietary material previously subnitted concerning the Augmented Startup and Cycle 1 Physics Programn.
Accordingl y, withholding the subject information from public disclosure is requested in accor6ance with the previously submitted affidavit and application for withholding, AW-76-8, dated July 19, 1976, copies of
- which are attached.
Correspondence \wtith respect to the proprietary aspects of this application should reference AW-77-54, and should be addressed to the undersigned.
Very truly.yours,
Robert A. Wiesemann, Manager Licensing Programs
/rd
attachment
cc: J. A. Cooke, Esq. Office of the Executive Legal Director, NRC
Lf~i I :I~ao Compily
1tly 19, 1976 *~AW- 76-8~
Mr. John F. Stolz, Chief Light ater Reactors Project Division of Project Management Office of Nuclear Reactor Regulation U. S. nuclear Regulatory Commission 7920 Norfolk Avenue Bethesda , Mlaryland 20014
APPLICAT1Ofl FOR ITH OLDING RETR
INFORMATI ONFROM U PIC. DI SCLOSURE
SUBJECT: WCAP-8575 Supplement 1 (Propritary) Augmented Startup and
Cycle 1 Physics Program - Supplement 1
PEF: Westinghouse Letter No. NS-CE-1139 Eicheldinger to Stolz dated Juy 9, 1976
Dear 1r. Stolz:
This application for withholding is submitted by estinghouse Electric
Corporation ("Westinghouse") pursuant to the provisions of paragraph
(b)(1) of Section 2.790 of the Commission's regulations. Wi thhoi di g from public disclosure is requested with respect to the subject infor
nation which is further identified in the affidavit-accompanying this application.
The undersigned has reviewed the information sought to be withheld and
is authorized to apply for its withholding on behalf of Westinghouse, 1WRD, notification of which was sent to the Secretary of the Commission on April 19, 1976.
The affidavit accompanying this application sets forth the basis on
which- the information may be withheld frri public disclosure by the
-Coimission and addresses with specificity the considerations listed in
paragraph (b)(4) of Section 2.790 of the. Commission's regulations.
Accordingly it is respectfully requested that the subject information
which is proprietary to 'destinghouse and which is further identified in
the affidavit be withheld from public disclosure in accordance with 10 CFR
Section 2.790 of the Commission's regulations.
.... '.,,t:r.-.-~.--'-...--.--.----.-.-..---.- -,..---'...-..-......'.........- t..-.p--.
Mr. John F. Stolx tz2uy 19 1197 1W 6-8
Correspondence with respect to this appl ication for w i thholding or the accomiflpan fyi nI affi d AV i should be addrEssed to the unldersigned.
Very truly yours
Robert A. Wi esemlann, Manager Li cens ing Prograis
Enl os ure
cc: J. 11. Maynard, Esq. Office of the Executi ve Legal Director, NRC
-76- 8
£00:j0 UY AOF T ESV
Before , the undersigned authority, personally appeared
Robert A. Wieseman', who, being by mc duly sworn a.ccording to law, de
poses and says that he is authorized to execute this Affidavit on behalf
of WstinghcSc 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:
Robert A. Wi eseman , g nager Licensing Programs
Sworn to and sbscribed
before me th s . day
of 1976.
/Uotary KiKc
13, 197
(1) 1 am iaager, Licensi ng Programs , in the Pressurized ater Reactor
Systems Division, of '2estinghouse Electric Corpora i on and as such
. have been specifically del ega ted the funtini of revieing the
propri etary information sought to be withh-ld from public dis
closure in connection with nuclear power plant licensing or rule
making proceedings, and am authorized to apply for its vithholding
on behalf of the Westinghouse Water Reactor Divisions.
(2) 1 am making this Affidavit in conformance with the provisions of
10 CFR Section 2.790 of the Commssion's regulations and in con
junction with the Westinghouse application for withholding ac
companying this Affi davit.
(3) 1 have personal knoiedge of the criteria and procedures utilized
by Westinghouse Nuclear Energy Systems 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 in
formation 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 estinghouse.
AW!-7G-8
(ii) The informati on is of a type customarily held in confidence
by Westi Ighouse and not customarily disclosed to the public.
Westinghouse has a rational basis for determi ni ng the types
of infornati on customarily held in confidence by it and, in
that connection, utilizS 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 Westi nghouse policy and provides the
rational basis required.
Under that system information is he;d 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 com
petitive advantage, as foliows:
(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 consti-
tutes a competitive economic advantage over other
compani es.
. (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.
g0 0
(c) Its use by a corpetitor ould reduce his expendi ture
of resources or improve his competitive position, in the
design, manufacture, ship ent, installation, assurance
of qiuality or icensing a similar product.
(d) It reveals cost or price informatiotn, production cap
acities, budget levels, or commercial strategies of
Westinhouse, its custo;;ers or suppliers
(e) It reveals aspects of past, present, or future West
ing"hoUSC or cus tomer funded developmnt pl ans and pro
grams of potential commercial value to estinghose.
(f) It contains p atentable ideas, for which patent pro
tection may be desirable.
(g) It is not the property of Westinghouse, but must be
treated as proprietary by estinghouse according to
agreements with the owner.
There are sound policy reasons behind the Westinghouse
system which. include the following:
(a) The use of such information by Westinghouse gives
estilnghouse a competi ti ve a.dvantage over its com
petitors. It is, therefore, withheld from disclosure
to protect the Westinghouse competitive .position.
(b) It is information which is marketable in many y The Cextent to vhich such infor.pation is available to
comp'titors.diminishes the WestinghoLse 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 expendi ture of resources at our expense..
(d) Each component of proprietary inform.:ation 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 tfhe key to the entire puzzle. thereby depriving Westinghouse of a competitiv advantage.
(e) Uprestricted disclosure would jeopardize the position of prominence of.estinghouse in the vtbrld market, and thereby give a market advantage to the competition in those countries.
(f) The estinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining, and maintaining a competitive advantage.
r .-
...........
-6 A 76
(iii) The informition is being transmi tted to the Commi ssi on in
confidence and, under the pro'isions of 10 C!R Section 2.790,
it is to be reccived in confidence by the Commis-,sion.
(iv) The infc rmation is not. available in public sources to the
best of our knowledge and belief.
(V) The proprietary information sought to be withheld in- this
submi ttl is that wihich is appropriately marked in the attach
ment to Westinghouse letter number AS-CE-1139, Eicheldinger
to Stol, dated July 19, 1976, concerning supplemental infor
mation 'or use in the Augmented Startup and Cycle 1 Physics
Program. The letter and attachment are being submitLed as
Part of the above mentioned program in response to concerns
of the Advisory Comittee on Reactor Safegua rdS with the new
L'estinghouse PWR's , which are rated at higher poer densi tie
than currently operating Westinghouse reactors.
This information enables Westinghouse to:
(a) Justify the Westinghouse design correlations.
(b) Assist its customers to obtain licenses.
(c) Provide greater flexibility .to customers assuring them
of safe reliable operation.
(d) Optimize performance while maintaining a high level of
fuel integrity.
A W- 76--8
(e) Justifr2y operation at a reduced peaking factor w*ith a wider target band than normal
(f) Jus ti fy fUl I power operat ion and mecet w arranties.
Further, the informa tion qained frcmn the Augmented Startup and Cycle 1 Physics Program is of commercial value and is sold for cons iderable sums of money as follo's:
(a) Wstinghouse uses the information to perform and justify analyses which are sold to customers..
(b) estinghouse uses the information to sell to its customers for the purpose of meeting NRC requirements for full power licensing.
(c Westinghouse could sell testing services based on the experience gained and the analytical methods developed using this information.
Public disclosure of this information concerning the Augmented Startup program is likely to cause substantial harm to the competitive position of estinghouse by allowing its competitors to develop similar analysis methods and models at a much reduced cost.
The an[Ses peorfd:. thei r PAtos a nd evaluator repre
sent a cosiderabla .:.:::n~t of highly1 q ualifieddvlomn
effort, which has Wn w r.:y for mnyers. 'If a COM
peti-tor were able to u th resuls Of the! analyses in
the attatched document, to rormAz i or varrify their own
methods or model S, th alp. ::int effort and ronetary xpen
diture required to achieva an cquivalent capability would be significantly reduced. I n total, a subs tantial amount of money and effort has been expanded by !estinghouse which could only be duplicated by a co:p.pctitor if he were to invest simi-ilar sums of monv ey and provided he had the appro
priate talent available.
Further the deponent sayeth not.
CCK5T NO -3DATE:
NOTE TO '-g AND/OR LOCAL PULIC DOCUENT ROOMS
The following item submitted with letter dated
om A a §VC is being withheld from
oiolic disclosuce, pending review, in accozdance with Section 2.790.
?ROPR:.ETARY INFO? ATION
Su6; f ct Pk X/ l-I
A~iYICI
<+ A'ej. k250 !
Rez2ulatory File Room
-79-
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