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Wecingnouse Water Reactor wer W e: p se uElectric Corporation Divisions 3, 33

P!ttsCurf PMnspar!315230

February 3,1983AW-83-10

Dr. Cecil 0. Thomas , ChiefStandardization and Special Projects BranchDivision of LicensingU. S. Nuclear Regulatory CommissionPhillips Building7920 florfolk Avenue'Bethesda, Maryland 20014

APPLICATION FOR WITH0LDI!iG PROPRIETARY

INFORMATION FR0fi PUBLIC DISCLOSURE

SUBJECT: " Improved Analytical Models Used in Westinghouse Fuel RodDesign Computations / Application for BWR Fuel Analysis",WCAP-8720, Addenda 3, January 1983

REF.: Westinghouse Letter No. NS-EP.R-2715, Rahe to Thomas, datedFebruary 3, 1983

Dear Dr. Thomas:

This application for withholding is submitted by Westinghouse ElectricCorporation (" Westinghouse") pursuant to the provisions of paragraph (b) (1)of Section 2.790 of the Commission's regulations. It contains informationproprietary to Westinghouse and customarily held in confidence.

The affidavit previously provided to justify withholding proprietary inform-ation in this matter was submitted as AW-82-34, June 29,1982 and is equallyapplicable to this material.

Accordingly, it is respectfully requested that the subject information whichis proprietary to Westinghouse be withheld from public disclosure in accordancewith.10CFR Section 2.790 of the Commission's regulations. Correspondence withrespect to this application for withholding or the accompanying affidavit shouldreference AW-83-10 and be addressed to the undersigned.

Ver truly yours,

f6R. A. Wiesemann, ManagerRegulatory & Legislative Affairs

/pjEnclosure

cc: E. C. Shomaker, Esq.Office of the Executive Legal Director, NRC

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8302090404 830203PDR TOPRP EMVWE

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AW-82-34*

AFFIDAVIT

CC'"'ONWEALTH OF PENNSYLVANIA:

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COUNTY OF ALLEGHE.'iY:s

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Before me, the. undersigned authority, personally a:peared.

Robert A. Wiesemann, who, being by me duly sworn according- to law,deposes and says th:t he is authorized to execute this Affidavit onbehalf of 'Jestinghouse Electric Corporation (" 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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Robert A. Wiesemann, ManagerR.egulatory and Legislative, Affairs-

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Sworn to and suoscribed0before me this $9 day

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(1) I am Manager, Esgulatory and Legislative Affairs, in the NuclearTechnology Civision, of Westinghcase _Electr'.~c Corscration'and- as

such, I nave :een scecifically delegated the function of reviewingthe ;r: rie:ar;. inf:r ation scugh to be withneld from public-dis-,

cicsure in :crne::icn .ii n nuclear power pian: licensing or rule-making proceecings, and am authori:ed to apply for its withholdingon behalf of the Westinghouse Water Reactor Divisions.

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(2) I am making this Affidavit in confermance with the provisions ofICCFR Section 2.790 of the Commission's regulations and in con-junction with _the Westinghouse application for withholding ac-companying tnis Affidavit.

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(3) I have personal knowledge of th.e criteria and procedures utilized -by Westinghouse Nuclear Energy " Systems in-designating information

as a trade secret, privileged or as confidential commercial orfinancial information.

(4) pursuant to the provisions of paragraph (b)(4) of Section 2.790of the Commission's regulations, the following is furnished forconsideration by the Commission in determining whether the in -formation sought to be withheld from public disclosure should bewithheld.

(i) The information sat ght to be withheld from public disclosureis 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 typesof information- customarily held in confidence by it and, inthat connection, utilizes a system to determir.e wnen andwhether to hold certain types of information in confidence.

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The application of that-system and the substance of:that'

system constitutes Westinghouse policy and provides the.

E rational basis required.

Under that system, information is held in confidence if'itfalls in one or more of several types, the release of whichmignt result in the loss of an existing or potential com-

'~ petitive advantage, a's follows:

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(a) The information reveals the distinguishing aspects of,

a process tor component, structure, tool,-method, etc.)where prevention of its use.by any of Weatinghouse'scompetitors without license from Westinghouse consti-tutes a competitive economic advantage over othercompanies.

(b) It consists of supoorting data, including test data,;

relative to a process (or component, structure, tool,method, etc.), the application of which data secures acompetitive economic advantage, e.g. , by optimizationor improved marketability.

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.!:(:)- Its ce :;.1 ccm:etitor-w:uld reduce ~ his ~ expenciture '

of resources or im;eove his cembetisive position _in'thedesign, manufacture, sni; ment, installation, assurance:Of :uali:/, or licensing a similar' product.

(d) It reveals cost or crice informaticn, production ca;-

acities, budget levels,;or commercial 1 strategies ofWestinghouse, its customers or' suppliers.

(e) It reveals aspects sof past, present, or future West-ingnouse or customer funded development; plans :and pro-

grams of poten.tial commercial value to Westinghouse.

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(f) . It contains patentable ideas, for- which _ patent pro-~ .

tection may be desirable. --- -+

(g) It is not the property of Westinghouse, but must'txt~

treated as proprietary by Westinghousef actording toagreements with the owner.

There are sound' policy reasons benind tne Westinghouse system.,

which include the following:4

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(a) The use of such information by Westingnouse givesWestinghou:e a competitive advantage over its ccm--

ostitors. It is, therefcre, withheld from disc!cscre

to protect the Westinghouse competitive position.

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(b) It is information which-is .Tarketable'in many ways.-

The extent to which such information is available.tocompetitors dir.inishes the Westinghouse ability 1tosell produc s an: 'servicesiinvcivin; the use of_theinforma:icn.

(c) Use by our comcetitor would out Westinghouse at a

competitive disadvantage by reducing.his-expenditureof resources at our expense.

(d) Eacn component of procrietary information pertinentto a particular ccmcetitive advantage is cotentially-as valuable as the total competitive advantage. If

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competitors acquire components of proprietary ~ infor-,

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mation, any one comparient may-be the key to the~ entire-puzzle, thereby depriving Westinghouse of a competitiveadvantage;

(e) Unrestricted disclosure would jeopardize the positionof prominence of Westingnouse in -the world market,and thereby give a marxet advantage to the competitionin those countries.

(f) The Westinghouse capacity to invest corporate assetsin research and development _ depends ucon the success

in obtaining and maintaining a competitive advantage.

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(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 protectec is not available inpublic sources or available information has not been pre--viously employed in the same original manner or method tothe best of our knowledge and belief.

(v) The' proprietary information sought to be withheld 1in thissubmittal is that which is appropriately marked in CONDOR:A Thermal-Hydraulics Performance Code for Boiling WaterReactors , WCAP-10107. The proprietary information as.sub-

~ mitted is expected to be applicable in-other lictasee and'

applicant submittals in response to-NRC requirements for--

justification of the Westinghouse methodology for SWR cores.

This information is part of that which will enable Westing-house to:

(a) Provide documentation of the design and analysis toI justify product integrity.

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(b) Assist the ' customer to obtain NRC approval for lic'ensingof Westinghouse fuel in a.3WR reload.

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(c) Justify the design and modification by analysis andtests.

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Fur rer :nis in#:ena-1:r. cas :t.:s ar-ial :t- +-:ial valueas #cilows:

(a) Jes-irgacuse.:la-|s :: sse similar.irf:e.1-ior'for its-

cus mers ' for :ur:c ses. :f ee-ir; '.:.C ce:; ire ents' for-licensing do:;mentati:n and implementa:i:n.

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(b) Westinghouse can provide support and defense of the-tecnnology to its customers in the licensing crecess.

(c) Westinghouse sells tne information and implementationto its licensees.

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P'ublic disclosure of this information isLlikely to cause.'

substantial harm to' the competitive position of Westinghousebecause it would enhance the ability of competitors to pro-

. vide similar analytical documentation implementation andlicensing defense services for commercial power. reactorswithout commensurate expenses. -Also, public disclosure

of the information would enable others to use the informa-tion to meet NRC requirements without purchasing the rightto use the methodology.

The development of the technology descriced in part by themethodology is the. result of a; plying the results of anintensive Westingnouse effort and the expenditure :f a On-

siderable sum of money.

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In order for competitors;of. Westinghouse to duplicate this=:information,;similarfprograms!nould. nave to;be performed-with significan; manpower effort, recuisite; talent and-: -

" 4experience, and . analytical' anc ::nysical : toci s :woulc' nest '-to'be developed;

'The tests perforred: and their evaluation represent a con-,

siderable amount of highly gaal.ified fanalytical; effort.,. .,

The. expenses incurred by Westinghouse includd verification.of -the methodology.

Further the deponen sayeth not.

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