ML17349A794

Requests That Proprietary Thimble Reduction Study for Turkey Point Units 3 & 4 Be Withheld,Per 10CFR2.790

ML17349A794
Person / Time
Site:	Turkey Point
Issue date:	04/12/1993
From:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML17349A792	List: ML17349A791 ML17349A793 ML17349A794 ML17349A795 ML17349A796
References
CAW-93-446, NUDOCS 9304160072
Download: ML17349A794 (20)

Text

Box 355 Westinghouse Energy Systems Pittsburgh Pennsylvania 15230 0355 Electric Corporation April 12, 1993 CAW-93-446 Document Control Desk U. S. Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDINGPROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Florida Power and Light Company Letter and Application for Withholding Proprietary Information Public Disclosure to Document Control Desk

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the above-referenced letter is further identified in Affidavit CAW-93-446 signed by the owner of the proprietary information, Westinghouse Electric Corporation. Thc affidavit, which accompanies this letter, 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 10 CFR Section 2.790 of the Commission's regulations.

Accordingly, this letter authorized the utilization of the accompanying Affidavit by Florida Power and Light Company.

Corrcspondcncc with respect to the proprietary aspects of thc application for withholding or the Westinghouse affidavit should reference this letter, CAW-93-446 and should be addressed to thc undersigned.

Very truly yours, Nicholas J. Li a, Manager Nuclear Safety and Regulatory Activities Enclosures cc: K. Bohrcr/NRC (12H5) 93041600yg 9gp~~3 DO~K 0>000250

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CA W-93-446 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared Henry A. Sepp, who. heing hy 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:

Henry A. Sepp, Manager Strategic Licensing Issues Sworn to and subscribed before me this ~> dey of , l993 Notary Public

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CA W-93-446 (1) I am Manager, Strategic Licensing Issues, in the Nuclear and Advanced Technology

. -. Divisions, 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 10CFR 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 hy 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 confidence by Westinghouse.

(ii) The information is of a type customarily held in contidence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining

..the types. of information customarily held in conlidence 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 contidence if it falls in one or more of several types, the release of which might result in the loss of <<n existing or potential competitive advantage, as follows:

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CA W-93-446 (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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-4 CA W-93-446 (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 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 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 "Thimble Reduction Study I'or Turkey Point Units 3 and 4" and "Thimble Reduction Study for Turkey Point Units 3 and 4, Addendum No. 1",

(Proprietary), April, l993 for reproducing Westinghouse's methodology, heing transmitted by the Florida Power and Light Company letter and Application for Withholding Proprietary Information from Public Disclosure, R. J. Tomonto to the Attention of Dr. T. Murley, Director, Office of NRR. The proprietary information as

...;submitted. for,use by Florida Power and Light-Company. for. the Westinghouse reload 0740C-SLD 4:NI293

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CA W-93-446 cores is expected to be applicable in other licensee submittals in response to certain NRC requirements for justitication of thimble tube deletion in the Turkey Point Units.

This. information is part of. that which, will,enable Westinghouse to:

(a) Justify the deletion of incore instrumentation thimbles.

.(b) Assists its customers to obtain licenses on this matter.

(c) Optimize reactor design and performance while maintaining a high level of fuel integrity.

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 future core upgrades.

(b) Westinghouse can sell support and defense of the service 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 products and licensing defense services tor 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 ot'oney.

In order for competitors of Westinghouse to duplicate this information, similar

.,:;.technical programs. would have to be performed.and.a.significant manpower effort, 0740C.SLD.5:04 I 293

A.8~> s CA W-93-446 having the requisite talent and experience, would have to be expended for development testing and analytical, methods.

Further the deponent sayeth not.

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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 (g) 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)(g) of the affidavit accompanying this transmittal pursuant to 10 CFR 2.790(b)(1).

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0 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 contalne in these reports which are necessary for its internal use in connection with generic and plant-specific reviews and approva1s as well as the issuance, I

denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 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, OC and in local public document rooms as may be required by NRC regulations if the number of copies submitted is insufficient for this purpose. The NRC is not authorized to make copies For the personal use of members of the public who make use of the NRC public document rooms. Copies made by the NRC must include the copyright notice in t

all instances and the propr ietary notice if the original was identified as proprietary.

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A endix B Westinghouse Thimble Reduction Study for Turkey Point Units 3 and 4 (Proprietary Version)

This Appendix 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 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 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 Affidavit should reference CAW-93-446 and should be addressed to N. J. Liparulo, Manager of Nuclear Safety and Regulatory Activities, Westinghouse Electric Corporation, P.O. Box 335, Pittsburgh, Pennsylvania 15230-0355.

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