-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

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/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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