ML13330A110
| ML13330A110 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 09/11/1980 |
| From: | Anderson T Westinghouse, Div of CBS Corp |
| To: | Eisenhut D Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML13311A244 | List: |
| References | |
| NS-TMA-2299, NUDOCS 8009190374 | |
| Download: ML13330A110 (10) | |
Text
Westinghouse Water Reactor Nuclear Technology Division Electric Corporation Divisions Box 355 Pittsburgh Pennsylvania 15230 September 11, 1980 Mr. Darrell G. Eisenhut, Director NS-TMA-2299 Division of Project Management Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D. C. 20555
Dear Mr. Eisenhut:
Enclosed are the following:
- 1. Twenty (20) copies of SE-SP-40(80) entitled "Southern California Edison Repair Report," August 1980, Proprietary.
- 2. Twenty (20) copies of SE-SP-58(80) entitled "Southern California Edison Repair Report,".August 1980, Non-Proprietary.
Also enclosed is one (1) copy of Application for Withholding AW-80-53.
The above report details the design of the sleeves that are to be installed in the San Onofre Unit 1 steam generators. The report also includes the design analysis, the test verification program and descriptions of the ex panded mechanical plug, the rolled mechanical plug and the channel head de contamination process. This report has been prepared for and is being sub mitted to the Staff at the request of Southern California Edison. The infor mation contained in this report is only applicable to the San Onofre Nuclear Generating Station Unit 1.
This submittal contains proprietary information of Westinghouse Electric Cor poration. In conformance with the requirements of 10CFR Section 2.790, as amended, of the Commission's regulations, we are enclosing with this submittal an application for withholding from public disclosure and an affidavit. The affidavit sets forth the basis on which the information may be withheld from public disclosure by the Commission.
Correspondence with.respect to the affidavit or application for withholding should reference AW-80-53 and should be addressed to R. A. Wiesemann, Manager of Regulatory & Legislative Affairs, Westinghouse Electric Corporation, P. 0. Box 355, Pittsburgh, Pennsylvania 15230.
Very ruly yours,
/bek T. M. Anderson, Manager Enclosures Nuclear Safety Department 80919105?4
Westinghouse Water Reactor Nuclear Technology Division Electric Corporation Divisions Box 355 Pittsburgh Pennsylvania 15230 September 12, 1980 AW-80-53 Mr. Darrel G. Eisenhut, Director Division of Project Management Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission 7920 Norfolk Avenue Bethesda, Maryland 20014 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
SUBJECT:
SCE Steam Generator Repair Report
REFERENCE:
Westinghouse Letter No. NS-TMA-2299, Anderson to Eisenhut, dated September 11, 1980
Dear Mr. Eisenhut:
This application for withholding is submitted by Westinghouse Electric Corporation
("Westinghouse") pursuant to the provisions of paragraph (b)(1) of Section 2.790 of the Commission's regulations. Withholding from public disclosure is requested with respect to the subject information which is further identified in the affidavit accompanying this application.
The undersigned has reviewed the information sought to be withheld and is autho rized to apply for its withholding on behalf of Westinghouse, WRD, notification of which wassent 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 from public disclosure by the Commission and addresses with specifity 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 Westinghouse and which is further identified in the affidavit be withheld from public disclosure in accordance with 10CFR Section 2.790 of' the Commission's regulations.
Mr. Darrel September 12, 1980 AW-80-53 Correspondence with respect,to this application for withholding or the accom panying affidavit should reference AW-80-53 and be addressed to the undersigned.
Very truly yours, Robert A. Wiesemann, Manager Regulatory & Legislative Affairs RAW/jaw Enclosure cc: E. C. Shomaker, Esq.
Office of the Executive Legal Director, NRC
AW-80-53 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Robert A. Wiesemann, 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 correct to the best of his knowledge, information, and belief:
Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before e this day of 1980.
Rebecca L deynon, No Monroeville Blorough, Allegheny Coun y My>Commission txpires Ap Member. PenrnsyIlni Asscof 4:j ~rN-,-!,%
AW-80-53 (1) I am Manager of Regulatory and Legislative Affairs in the Nuclear Technology Division of Westinghouse Electric Corporation, and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public dis closure in connection with nuclear power plant licensing or rule making.proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Water Reactor Divisions..
(2) I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in conjunc tion with the Westinghouse application for-withholding accompanying this Affidavit.
(3) I have personal knowledge 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 con sideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld.
(i)
The information sought to be withheld from public dis closure is owned and has been held in confidence by Westinghouse.
(ii) The information is of a type customarily held in confi dence 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, utilizes a system to determine when and whether to hold certain types of information in AW-80-53 confidence. The application of that system and the sub stance 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, 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 companies.
(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.
(c) Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assur ance of quality, or licensing a similar product.
(d) It reveals cost or price information, production capac ities, 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.
AW-80-53 (f) It contains patentable ideas, for which patent pro tection may be desirable.
(g) It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse 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 Westinghouse a competitive advantage over its competitors.
It is, therefore, withheld from 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 diminishes the Westinghouse ability to sell products and servicesinvolving 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.
(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.informa tion, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.
AW-80-53 (e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a.market advantage to the competition in 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 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 to the best of our knowledge and belief.
(v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked SE-SP-40(80)
"Southern California Edison Repair Report" (Proprietary).
This report has been prepared for and is being submitted to the Staff at the request of Southern California Edison.
The report details the design of the sleeves that are to be installed in the San Onofre Unit 1 steam generators. The report also includes the design analysis, the test verifica tion program and descriptions of the expanded mechanical plug, the rolled plug and the channel head decontamination process.
This information is part of that which will enable Westinghouse to:
(a) Apply for patent protection..
P)0 AW-80-53 (b). Optimize steam generator repa.ir techniques to extend the service life of steam generators..
(c) Assist its customers to obtain NRC approval,.
(d) Justify the design basis for the steam generator repairs and installation methods.
Further., this information has substantial commercial value as follows:,
(a) Westinghouse plans to sell the repair techniques and equipment described inpart by the information.
(b) Westinghouse can sell repair services.based upon the experience gained and the installation equipment and methods developed.
Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse because (1) it would result in the loss of valuable patent rights., and (2) it would enhance the ability of competitors to design, manufacture, verify and sell steam generator repair techniques for commercial power reactors without commensurate expenses.
The development of the methods and equipment described in part by the information is the result of applying the results of many years of experiencein an intensive Westinghouse effort and the expenditure of a considerable sum of money.
K g
AW-80-53 In order for competitors of Westinghouse to duplicate this information, similar engineering programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended for steam generator repair techniques.
Further the deponent sayeth not.