ML17332A877

Requests That Proprietary Rept WCAP-14446, Repair Boundary for Parent Tube Indications within Upper Joint Zone of Hybrid Expansion Joint (Hej) Sleeved Tubes Be Withheld from Public Disclosure Per 10CFR2.790

ML17332A877
Person / Time
Site:	Cook
Issue date:	08/03/1995
From:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Sheron B NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML17332A876	List: ML17332A875 ML17332A877 ML17334B556
References
CAW-95-870, NUDOCS 9508090219
Download: ML17332A877 (15)

Text

Westinghouse Energy Systems ttuctear Technotogy Division Electric Corporation Box 355 Pittsburgh Pennsylvania 15230.0355 August 3, 1995 CAW-95-870 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Mr. Brian Sheron, Director APPLICATION FOR WITHHOLDINGPROPRIETARY INFORMATIONFR M P BLI DISCL RE

Subject:

WCAP-14446 "Repair Boundary for Parent Tube Indications Within the Upper Joint Zone of Hybrid Expansion Joint (HEJ) Sleeved Tubes" (Proprietary)

Dear Mr. Sheron:

The 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'. It contains commercial strategic information proprietary to Westinghouse and customarily held in confidence.

Accordingly, it is respectfully requested that the subject information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Commission's regulations.

Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW-95-870 and should be addressed to the undersigned.

Very truly yours, Nuclear Safety Regulatory and Licensing Activities Enclosure cc: Kevin Bohrer/NRC (12HS)

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m i n El ri P er i r i n Letter for Transmittal to the NRC The following paragraphs should be included in your letter to the NRC:

Enclosed are:

1. ¹¹ copies of WCAP-14446, "Repair Boundary for Parent Tube Indications Within the Upper Joint Zone of Hybrid Expansion Joint (HEJ) Sleeved Tubes" (Proprietary).

2. ¹¹¹ copies of WCAP-14447 "Repair Boundary for Parent Tube Indications Within the Upper Joint Zone of Hybrid Expansion Joint (HEJ) Sleeved Tubes" (non-Proprietary).

Also enclosed are a Westinghouse authorization letter, CAW-95-870, accompanying affidavit, Proprietary Information Notice, and Copyright Notice.

As Item 1 contains information proprietary to Westinghouse Electric Corporation, it is supported by an affidavit signed by Westinghouse, the owner of the information. The affidavit sets forth the basis on which the information may be withheld.Rom 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 proprietary 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 copyright or proprietary aspects of the items listed above or the supporting Westinghouse Affidavitshould reference CAW-95-870 and should be addressed to N. J.

Liparulo, Manager of Nuclear Safety Regulatory & Licensing Activities, Westinghouse Electric Corporation, P.O. Box 355, Pittsburgh, Pennsylvania 15230-0355.

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Proprietary Information Notice Transmitted herewith are proprietary and/or non-proprietary versions of documents furnished to the NRC in connection with requests for generic and/or plant-specific review and approval.

In order to conform to the requirements of 10 CFR 2.790 of the Commission's regulations concerning the protection of proprietary information so submitted to the NRC, the information which is proprietary in the proprietary versions is contained within brackets, and where the proprietary information has been deleted in the non-proprietary versions, only the brackets remain (the information that was contained within the brackets in the proprietary versions having been deleted).

The justification for claiming the information so designated as proprietary is indicated in both versions by means of lower case letters (a) through (f) contained within parentheses located as a superscript immediately following the brackets enclosing each item of information being identified as proprietary or in the margin opposite such information. These lower case letters refer to the types of information Westinghouse customarily holds in confidence identified in Sections (4)(ii)(a) through (4)(ii)(f) of the affidavit accompanying this transmittal pursuant to 10 CFR 2.790(b)(l).

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Copyright Notice The reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copies of the information contained in these reports which are necessary for its internal use in connection with generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 CPR 2.790 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection notwithstanding. With respect to the non-proprietary versions of these reports, the NRC is permitted to make the number of copies beyond those necessary for its internal use which are necessary in order to have one copy available for public viewing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as may be required by NRC regulations ifthe number of copies submitted is insufficient for this purpose. Copies made by the NRC must include the copyright notice in all instances and the proprietary notice ifthewriginal was identified as proprietary.

CAW-95-870 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared Henry A. Sepp, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Aftidavit on behalf of Westinghouse Electric Corporation (" Westinghouse" ) and that the averments of fact set forth in this Affidavit are true and correct to tlie'6est of his knowledge, information, and belief:

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II Henry A. Sepp, Manager I

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Regulatory and Licensing Initiatives 1

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Sworn to 'arid sttbscribed before me this day ~

of , 1995 Notary Public Nota>hi Seal Rose Marie Payne, Notary Pu5ic Monroe@a Bao, Akrh.~; County My Coin@is~ Exp.rc~ t;ov. 4,

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CAW-95-870 (1) I am Manager, Regulatory and Licensing Initiatives, in the Nuclear Technology Division, of the Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing and rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems Business Unit.

(2) I am making this Affidavit in conformance with the provisions of IOCFR Section 2.790 of the Commission's regulations and in conjunction with the Westinghouse application for withholding accompanying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by the. Westinghouse Energy Systems Business Unit 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 information 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 contidence by Westinghouse.

(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 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 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 might result in the loss of an existing or potential competitive advantage, as follows:

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f CAW-95-870 (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 constitutes 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, assurance of quality, or licensing a similar product.

(d) It reveals cost or-price information, production capacities, 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.

(f) It contains patentable ideas, for which patent protection may be desirable.

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 services involving the use of the information.

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1 CAW-95-870 (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 information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.

(e) 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.

(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 contidence and, under the ~

provisions of IOCFR Section 2.790, it is to be received in contidence by the Commission.

(iv) The information sought to be protected is not available in 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.

(v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in "Repair Boundary for Parent Tube Indications Within the Upper Joint Zone of Hybrid Expansion Joint (HEJ) Sleeved Tubes", WCAP-14446, (Proprietary), August, 1995, being transmitted by the American Electric Power Company letter and Application for Withholding Proprietary Information from Public Disclosure, to Document Control Desk, Attention Mr. Brian Sheron. The proprietary information as submitted is expected to be applicable in other licensee submittals in response to certain NRC requirements for the implementation of steam generator tube repair products and services.

CAW-95-870 This int'ormation is part of that which will enable Westinghouse to:

(a) Provide documentation for steam generator HEJ sleeving services.

(b) Provide documentation for test data on degraded steam generator tubes with HEJ sleeves installed.

(c) Provide documentation for HEJ sleeve operating experience.

(d) Assist the customer in obtaining NRC approval.

Further this information has substantial commercial value as follows:

(a) Westinghouse plans to sell the use of similar information to its customers for purposes of meeting requirements for licensing documentation.

(b) Westinghouse can sell support and defense of the technology to its customers in the licensing process.

Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar methodologies and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.

In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to he pert'ormed and a signiticant manpower effort, l745C-D LC-5:08039S

CAW-95-870 having the requisite talent and experience, would have to be expended for developing testing and analytical methods and performing testing.

Further the deponent sayeth not.

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ATTACHMENT 4 TO AEP'NRC'1129E WESTINGHOUSE ELECTRIC CORPORATION PROPRIETARY REPORT REPAIR BOUNDARY FOR PARENT TUBE INDICATIONS WITHIN THE UPPER JOINT ZONE OF HYBRID EXPANSION JOINT (HEJ) SLEEVED TUBES (WCAP 14446)