ML17328A771
| ML17328A771 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 11/08/1990 |
| From: | Pierson R Office of Nuclear Reactor Regulation |
| To: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| References | |
| NUDOCS 9011190143 | |
| Download: ML17328A771 (10) | |
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NUCLEAR REGULATORY COMMtSSION WASHINGTON, D. C. 20555 November 8, 1990 Docket tlo. 50-315 Mr. Robert A. Wiesemanri, Manager Regulatory 5 Legislative Affairs Westinghouse Electric Corporation P.O.
Box 355 Pittsburgh, Pennsylvania 15230-0355
Dear Y'r. Wiesemann:
r
SUBJECT:
REQUEST FOR WITHHOLDING INFORYiATION FRO PUBLIC DISCLOSURE By ari application dated June 27, 1990 American Electric Power submitted the Westiiighouse report, "D. C.
Cook Unit 1 Steam Generator Tube Repair Using Leak Tioht Sleeves, Final Report, June 1990" and requested that it be vIithheld froni public disclosure'pursuant to 10 CFR 2.790.
A letter arid an affidavit from Westinghouse, the owner of the information, was included it> the application.
Westinghouse stated that the submitted information should be considered exempt from maIidatory public disclosure for the following reasons:
"(4)
Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Coii'.Iirission's regulations, the following is furnished for consideration by the CoIIeissioIi in determining whether the inforiiiation souoht to be viithheld from public disclosure should be withheld.
"(i)
The inforIiiation sought to be viithheld froir, public disclosure is owned and has been held in confidence by Westinghouse.
The inforiiiation is of a type customarily held in confidence by Westinghouse and not customarily disclosed 'to the public.
Wiestinohouse has a rational basis for determinitig the types of information custoiiiarily held in confidence by it and, in that connection, utilizes a system to deteriiiine when and whether to hold certain types of information in confidence.
The application of that system and the substance 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 iiiight result in the loss of an existiiig or potential competitive advantage, as follows:
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Yir. Robert A. Miesemann
<<2 ii(a)
The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Mesti>>ghouse's competitors without license from Mestinghouse constitutes a competitive economic advantage over other companies.
II(b)
"(c) n(d)
It cc>>sists of supporti>>g 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.
Its use by a competitor would reduce his expe>>diture cf resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.
It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
It reveals aspects of past, present, or future Vestinghouse or customer funded development plans and programs of pote>>tial con,nercial value to h'estinghouse.
It contains patentable ideas, for which patent protection may be desirable.
It is not the property of Vesti>>ghouse, hut must be treated as proprietary by bestinghouse according to agreements with the owner.
"There are sound policy reasons behind the kestinghouse system which i>>elude the following:
The use of such information by kestinghouse gives h'estinghouse a competitive advantage over its competitors.
It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
It is information which is marketable in many ways.
The extent to which such information is available to competitors diminishes the hestinghouse ability to sell products and services involving the use of the i>>formatio>>.
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"(c)
Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.
ii(d)
"(e)
Each coo ponent of pr opr ietary 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 component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.
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.
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 10 CFR Section 2.790, it is to be received in confidence by the Commission.
"(iv)
"(v)
The information sought to be protected is riot available iri public sources or available information has not been previously employed in the same original manner or method to the best of our knowledge and belief.
The proprietary infcro,ation sought to be withheld in this submittal is that which is appropriately marked in "American Electric Power D.
C.
Cook Unit I Steam Generator Sleeving Report (Hechanical Sleeves)" for D.
C.
Cook Unit I, WCAP-12623, (Proprietary) being transmitted by American Electric Company AEP) letter and Application for Withholding Proprietary Information from Public Disclosure, S. J. Brewer, Hanager, nuclear Safety 5 Licensing, AEP, to Document Control Desk, Attention: Dr. Thomas E. Hurley, June 1990.
The proprietary information as submitted for use by American Electric Company for D.
C.
Cook Unit I is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of a license amendment to permit the repair of generator tubes using'sleeves.
"This information is part of that which will enable Westinghouse to:
"(a)
Provide documentation of the analyses,
- methods, acceptarce
- criteria, and testing used for developing process parameters
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Yir. Robert A. Miesemann utilized to install sleeves in steam generator tubes to repair degraded or defective tubes.
"(b)
Provide a description of the tube sleeve installation tooling and qualification process.
"(c)
Establish the minimum wall thickness of sleeves in compliance with Regulatory Guide 1.121.
"(d)
Demonstrate structural integrity of the repaired tube.
"(e)
Demonstrate no adverse impact on safety analyses and operation due to sleeve flow effects.
"(f)
Demonstrate capability to inspect the repair configuratio>> using eddy current techniques as recommended in Regulatory Guide 1.83.
"(g)
Discuss features of installation tooling and process which will I:eep occupational radiation exposure as low as reasonably achievable (ALAPA).
"(h)
Assist the customer to obtairi NRC approval.
"Further this information has substantial commercial value as fol1ows:
"(a)
Vestinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for licersing documentation'(b)
Mestirghouse can sell support and'efense of the technology to customers in the licensing process.
"Public disclosure of this proprietary i>>formation is likely to cause substantial harn to the competitive position of kestinghouse because it would enhance the ability of competitors to provide similar analytical docune>>tation and lice>>sing defense services for com-mercial power reactors without commensurate expcrses.
Also, public disclosure of the information would enable others to use the informatio>> to meet hlRC requirements for licensi>>g documentation without purchasi>>g the right to use the informatio>>.
"The development of the technology described in part by the informatio>> is the result of applying the results of many years of experience in an intensive Vestinghouse effort arid the expenditure of a considerable sum of money.
"I>> order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant nanpower effort, having the requisite talent and experience, would have to be expended for systemi desigri and performing tests."
Vir. Yiilton Alexich Indiana Hichigan Power Company Donald C.
Cook Nuclear Plant
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CC:
Regional Administrator, Region III U.S. Nuclear Regulatory Commission 799 Roosevelt Road Glen El lyn, Illinois 60137 Attorney General Department of Attorney General 525 1'est Ottawa Street Lansing, Vichigan 48913 Towtiship Supervisor Lake Township Hall Post Office Box 818 Bridgman, Vichigan 49106 Al Blind, Plant Hanager Donald C.
Cook Nuclear Plant Post Oi'fice Box 458 Bridgmar, Viichigan 49I06 U.S. Nuclear Regulatory Coneii ss ion Resident Inspectors Office 7700 Red Arrow Highway Stevensville, Yichigan 49127 Gerald Charnoff, Esquire Shaw, Pittman, Potts arid Trowbridge 2300 N Street, N.h'.
washington, DC 20037 Yiayor, City of Bridgman Post Office Box 366 Bridgman, hichigan 49106 Special Assistant to the Governor Room I- - State Capitol Lansing, Vichigan 48909 Nuclear Facilities and Environmental Vonitoring Section Office Division of Radiological Health Department of Public Health 3500 N. Logan Street Post Office Box 30035 Lansing, Vichigan 48909 Nr. S. Brewer American Electric Power Service Corporation I Riverside Plaza
- Columbus, Ohio 43216
Yir. Robert A. Miesemann We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, or~ the basis of Vestinghouse's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary comniercial information.
Therefore, the version of the submitted inforniation marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.
Withholding frorr. public inspection shall not affect the right, if any, of persons properly and directly concerned to irIspect the documents.
If the need
- arises, we may send copies of this information to our consultants working in this area.
Me will, of course, ensure that the consultants have signed the appropriate agreenierits for handling propr ietary information.
If the basis for withholding this inforniation froni public inspection should charige in the future such that the information could then be made available for public inspectiori, you should promptly notify the NRC.
You should also understarid that the NRC may have cause to review this deterniination in the future, for example if the scope of a Freedom of Information Act request includes your iriformation.
In all review situations, if the NRC n<akes a determination adverse to the above, you will be notified iri aovance of any public disclosure.
Sincerely, O.
Robert C. Pierson, Director Project Directorate III-1 Division of Reactor Projects
- III, IV, V IE Special Projects Office of Nuclear Reactor Regulation cc:
See next page
ter. Robert A. h'iesemann
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Ve have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Mestinghouse's statements, have determineo that the submitted information souoht to be withheld contains trade secrets or proprietary commercial information.
Therefore, the version of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.
Withholding from public inspection shall not affect the right, if any, of persons proper ly and directly concerned to inspect the docuo:eats.
If the need
- arises, we may send copies of this information to our consultants working in this area.
Me v!ill, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.
If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC.
You should also understand that the YRC rray have cause to review this determination in %he future, for example if the scope of a Freedom of Information Act request includes your information.
In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.
S incerely, cc:
See next page Pobert C. Pierson, Directo Project Directorate III-1 Division of Reactor Projects - III, IY, V 5 Special Projects Office of Nuclear Reactor Regulation DISTR IBUTION DHXTHLE NRC 5 LOCAL PDRs PD31 R/F RPIERSON St'iEADOR TCOLBURN CHOLZLE (OGC)
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'U t1r. Robert A. Miesemann Me have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Mestinghouse's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, the version of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Enerogy Act of 1954, as amended.
Mithholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents.
If the need
- arises, we may send copies of this information to our consultants working in this area.
Me will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.
If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC.
You should also understand that the NRC may have cause to review this determination in the future, for example if the scope of a Freedom of Information Act request includes your information.
In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.
S incere ly, cc:
See next page Robert C. Pierson, Directo Project Directorate III-I Division of Reactor Projects - III, IV, V 5 Special P rojects Office of Nuclear Reactor Regu 1 ation DISTR I8UTION 5UCR~KR NRC
& LOCAL PDRs PD31 R/F RPIERSON SHEADOR TCOLBURN CHOLZLE (OGC)
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/90 PN/PD31: DRSP TCOLBURN 10/gg/90 OGC~P ~i++
D/PD31; DRSP KE q RPI ERSON 14/7 /90 1 /
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