ML18005A449

Requests Withholding of Proprietary Westinghouse Rept WCAP-11808, ...Incore Thimble Reduction Study, Per 10CFR2.790

ML18005A449
Person / Time
Site:	Harris
Issue date:	04/07/1988
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML18005A447	List: ML18005A446 ML18005A448 ML18005A449
References
CAW-88-035, CAW-88-35, NUDOCS 8806080138
Download: ML18005A449 (9)

Text

April 7, 1988 Nuclear Technoiogy Westinghouse Power Systems Systems Division Electric Corporation 6ox 355 Pittsburgh Pennsylvania 15230.0355 CAW-88-035 h . Thomas Murley, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Shearon Harris Nuclear Power Plant Incore Thimble Reduction Study

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the enclosed letter by Carolina Power and Light is further identified in an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation. The 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 10CFR Section 2.790 of the Commission's r egulations.

The proprietary material for which withholding is being required is of the same technical type as that proprietary material previously submitted as Affidavit CAW-85-044.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Carolina Power and Light.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-88-035, and should be addr essed to the undersigned.

Very truly yours, w6'r.&'-(&dr'.4e.ca aacm Robert A. Wiesemann, Manager Regulatory 5 Legislative Affairs Enclosur es cc: E. C. Shomaker, Esq.

Office of the General Counsel, NRC 8806080 iS8. 88060.i.,

'DR ADOCK.".05000400.

P

'DCD

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.

e IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR2.790 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 IMMEDIATELYFOLLOWING 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 HOLES IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) THROUGH (4)(ii)(g) OF THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).

Attachment to CQL-88-544 CAROLINA POWER AND LIGHT COMPANY Letter for Transmittal to the NRC Enclosed are:

1. (12) copies of WCAP-11808, "Shearon Harris Nuclear Power Plant Encore Thimble Reduction Study". . . . . . . . . . . . (Proprietary).

0

2. (12) copies of WCAP-11809, "Shearon Harris Nuclear Power Plant Incore Thimble Reduction Study" . . . . . . . . . . . (Non-Proprietary).

Also enclosed is a Westinghouse authorization letter, CAW-88-035, Proprietary Information Notice, and accompanying Affidavit.

THE FOLLOWING PARAGRAPHS SHOULD BE INCLUDED IN YOUR LETTER TO THE NRC:

As item 1 contains information proprietary to Westinghouse Electric Cor poration, 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 to Westinghouse be withheld from public disclosure information which is proprietary in accordance with 10CFR Section 2.790 of the Commission's regulations.

Correspondence with respect to the proprietary aspects of the Application for Withholding or the supporting Westinghouse Affidavit should reference CAW-88-035 and should be addr essed to R. A. Wiesemann, Manager of Regulatory 5 Legislative Affairs, Westinghouse Electric Corporation, P.O. Box 355, Pittsburgh, Pennsylvania 15230-0355.

CAM-85-044 AFFIDAVIT COMHONMEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned author1ty, personally appeared Robert A. M1esemann, who, be1ng by me duly sworn accord1ng to law, deposes and says that-he 1s author1ied to execute th1s Aff1dav1t on behalf of Mest1nghouse Electr1c Corporat1on ("Mest1nghouse") and that the averments of facts set forth 1n th1s Aff1dav1t are true and correct to the best of h1s knowledge, 1nformat1on, and bel1ef:

Robert A. Miesemann, Hanager Regulatory and Leg1slat1ve Affa1rs Sworn to and subscr1bed before me this~day of 1985.

~ ~

Notary Publ1c LORRAINE Q. PIPLICA. KOTART PUBLIC KONRDEVILLE BORD. ALLEONENT COUNTT KT COMMISSION EXPIRES OEC ll. 1887 Kefnber, Pennsylvrnio Assocotion of Koferes

CAW-85-044 AFFIDAVIT (1) I, Robert A. Miesemann, am Hanager, Regulatory and Legislative Affairs, ln the NucIear Technology Dlvlslon of Mestlnghouse and as such have been speclflcally delegated the function of revlewlng the proprietary information sought to be withheld from public disclosure ln connection with nuclear po~er plant licensing or rulemaklng proceedings, and am authorized to apply'or its withholding on behalf of the Mestlnghouse Mater Reactor Dl visions.

(2) I am making this Affidavit ln conformance with the provlslons of 10 CFR Section 2.790 of the Comnlsslon's regulations and ln con)unction with the Houston Llghtlng and Power Company application for withholding accompanying this Affldavlt.

(3) I have personal knowledge of the crlterla and procedures utlllzed by Mestlnghouse Mater Reactor Dlvlslons ln designating information as a trade secret, privileged or as confidential comnerclal or financial lnf.ormatl on.

(4) Pursuant to the provisions of paragraph (b) (4) of Section 2.790 of the Comnisslon's regulations, the following ls furnished For consideration by the Comnlsslon ln determining whether the information sought to be withheld from public disclosure should be withheld.

(1) The information sought to be withheld from public disclosure ls owned and has been held ln confidence by Mestlnghouse.

(11) The information ls of a type customarily held ln confidence by Westinghouse and not customarily disclosed to the public.

Mestlnghouse has a rational basis For determining the types of information customarily held ln confidence by lt and, ln that connection, utlllzes a system to determine when and whether to hold certain types of lnformatlon ln confidence. The application oF that system and the substance of that system constltues Mestlnghouse policy and provides the rational basis required.

0399n/RAM/4-85

CAW-85-044

'Under that system, 1nformat1on 1s held 1n conf1dence 1f 1t falls 1n one or more of several types, the release of which m1ght result 1n the loss of an ex1st1ng or potent1al compet1t1ve advantage, as follows:

(a) The 1nformat1on reveals the d1st1ngu1shing aspects of a process'(or component, structure, tool, method, etc.) where prevent1on of 1ts use by any of Mest1nghouse's compet1tors w1thout 11cense from Mest1nghouse const1tutes a compet1t1ve econom1c advantage over other compan1es..

(b) It cons1sts of support1ng data, 1nclud1ng test data, relat1ve to a process (or component, structure, tool, method, etc.),

the appl1cat1on of wh1ch data secures a compet1t1ve econom1c advantage, e.g., by opt1m1zat1on or 1mproved marketab111ty.

(c) Its use by a compet1tor would reduce h1s expend1ture of resources or 1mprove h1s compet1t1ve pos1t1on 1n the des1gn, manufacture, sh1pment, 1nstallat1on, assurance of qua11ty, or 11cens1ng of a s1m11ar product.

(d) It reveals cost or pr1ce 1nformat1on, product1on capac1t1es, budget levels, or comnerc1al strateg1es of Mest1nghouse, 1ts customers or suppl1ers.

(e) It reveals aspects of past, present, or future Mest1nghouse or customer funded development plans and programs of potent1al comnerc1al value to Westinghouse.

(f) It conta1ns patentable 1deas, for wh1ch patent protect1on may be desirable.

(g) It 1s not the property of West1nghouse, but must be treated as propr1etary by West1nghouse accord1ng to agreements w1th the owner.

0399n/RAW/4-85

CAW-85-044 There are sound pol1cy reasons behind the Westinghouse system which 1nclude the Following:

(a) The use of such 1nformation by Mestinghouse g1ves Mestinghouse a competitive advantage over 1ts competitors. It 1s, therefore, withheld from disclosure to protect the Westinghouse compet1t1ve position.

(b) It 1s information which is marketable 1n many ways. The extent to which such 1nformation is available to competitors d1minishes the ab111ty of Mestinghouse to sell products and serv1ces involving the use of the information.

(c) Use by our compet1tor would put Mestinghouse at a competitive disadvantage by reducing h1s expend1ture of resources at our expense.

(d) Each component of proprietary 1nformation pertinent to a particular compet1tive advantage 1s potent1ally as valuable as the total compet1tive advantage. If compet1tors acquire components oF proprietary 1nformation, any one component may be the key to the ent1re puzzle, thereby depriv1ng Westinghouse of a compet1t1ve advantage.

(e) Unrestricted disclosure would 5eapordize the position of Mestinghouse 1n the world market, and thereby g1ve a market advantage to the compet1tion 1n those countries.

(f) The Westinghouse capac1ty to 1nvest company assets 1n research and development depends upon the success in obtaining and maintaining a competit1ve advantage.

(111) The 1nformation 1s being transm1tted to the Commission in conf1dence and, under the provis1ons of 10 CFR Section 2.790, 1t is to be received 1n confidence by the Commission.

CAM-85-044 (iv) The informat1on 1s not ava1lable 1n public sources to the best of out knowledge and belief.

(v) The proprietary 1nformation sought to be withheld 1n this submittal is that wh1ch is bracketed 1n MCAP-10865 transm1tted by Houston Lighting and Power Company application for withholding accompanying this affidav1t.

This information enables Mestinghouse to:

(a) Justification of TGX des1gn changes from or iginal four-loop conf igurat1on.

(b) TGX upper internals qual1fications with respect to flow-induced v1brati ons (c) Assist 1ts customers to obta1n licenses Further, this information has substantial coamerc1al value as foil ows:

(a) Mestinghouse sells the use of the 1nformation to 1ts customers for purposes of meeting NRC requ1rements for 11censing documentation.

(b) Mestinghouse uses the 1nformation to perform and )ustify analyses which are sold to customers.

Public disclosure of this 1nformation is likely to cause substantial harm to the competitive pos1tion of Mestinghouse because 1t would enable others to use the information to meet NRC requirements for 11censing documentat1on without. purchasing the right to use the 1nformation.

The development of th1s informat1on is the result of substantial Mestinghouse effort and the expenditure of a conslderalbe sum of money.

0399n/RAM/4-85

In order for competitors of Mestinghouse to duplicate this information, experimental test programs may have to be performed and a significant manpower effort, having the requisite talent and.

experience, would have to'be expended for data analyses and computer program development.

Further the deponent sayeth not.

0399n:20:/RAM/12-65