ML19322E496
| ML19322E496 | |
| Person / Time | |
|---|---|
| Site: | Calvert Cliffs  |
| Issue date: | 03/24/1980 |
| From: | Lundvall A BALTIMORE GAS & ELECTRIC CO. |
| To: | Eisenhut D Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 8003280240 | |
| Download: ML19322E496 (9) | |
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p BALTIMORE GAS AND ELECTRIC COMPANY P. O. BOX 1475 BALTIM O FIE, M AFtYL AN D 21203 March 21, 1980 4
ARTHUR E. LUNDVALL,Jn.
vsca Pngssoast j
Surr6v Office of fluclear Renctor Regulation U. S. fluelent Perulatory Commincion Washington, D. C.
20555 Attn:
Mr. P. G Einenhut Actine,uirector Division of Operating Peactora
Subject:
Cn1 vert Cliffs fluelear Power Plant Unit fic. 2, Docket flo. 50-318 Westinchouse Tov Prennure Turbine Dine Inneection,
References:
a) flRC letter dated 2/25/80 fron D. G. Eisenhut to A. E. Lundynll, Jr., name subject, b) BG&E letter dated 3/18/80 from A. E. Lundvall, Jr.
to D. G. Eisenhut, name subject.
Gentlenen:
Reference (n) informed un of a notential nroblem with crack formation in the lov nressure dinen of Westinghouse-nunnlied turbines.
Reference (b) provided our justifiention for continued oneration of Calvert Cliffs Unit flo. 2 including annvers ta the plant-nnecific questions contained in Reference (a).
'"he renninine information, including an affidavit nunnorting n Uentinghouse recuent for croprietary handling, van to be submitted by March 214, 1980.
Accordi~ gly, Attachmenta (1) and (2) provide the Annlication and Affidavit for withholding the pronrictnry infornation contained in Attachment (3) of Reference (b). Attachment (3) to this letter nroviden the Westing-house responses to the generic questionn of Reference. (n).
If you require any additional information,' plenne contact us.
. f, Very truly yours, a
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2-March 24, 1980 Mr. D. G. Eisenhut' Attachments:
(1) Vestinghouse letter AV-80-20 dated 3/lh/80 from R. Williamson to D. G. Eisenhut, Annlication for Withholding (2) Affidavit AW-80-20 executed by Westinghouse Electric Cornoration (3) Westinghouse letter dated 3/1h/80 from J. M. Schmerling to D. G. Eisenhut, Turbine Dise Integrity cc:
J. A. Biddison, Esquire G. F. Trowbridre, Esquire Mr. E. L. Conner, Jr.
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's Attachmtnt (1)
AW-80-20 March 14, 1980 Darrell G. Eisenhut Division of Operating Reactors Office of Nuclear Reactor Regulation US Nuclear Regulatory Commission Washington DC 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
Baltimore Gas & Electric, Calvert Cliffs NPP Unit 1, Docket 50-318 Information in Response to NRC Request for Information of February 25, 1980, Relative to Low Pressure Turbine Disc Integrity. To vit:
Att. 3 to BG&E letter from A. Lundyait Jr to Eisenhut, dated 3/18/80
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 inf onnation which is further identified in the affidavit accompanying this application.
i The undersigned has reviewed the inf ormation sought to be withheld and is authorized to apply for its withholding on behalf of Westinghouse, STG-TOD.
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 specificity the considerations listed in paragraph (b)(4) of Section 2.790 of the Commission's regulationa.
Accordingly, it is respectfully requested that the subject information which is proprietary to Westinghouse and which is further identified in the affi-davit 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 accom-panying affidavit should be addressed to the undersigned.
Very truly yours, R. Williamson, Manager Customer Order Engineering Westinghouse Electric Corporation
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Attachment (2)
AW-80-20 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIS COUNTY OF DELAWARE:
Before me, the undersigned authority, personally appeared Robert Williamson, 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:
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Robert Williamson, Manager Customer Order Engineering
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GIHER:NE M. Et'RK, fiOTARY PLEllC tinic (,M TOWNSHIP DilAWU(E COUMIY th CCMMISS'ON EXP!RES JULY 25,1993 Mamter, Penasv?vania As:ocianen of N;tais r
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O' (1) I am Manager, Customer Order Engineering in the Steam Turbine Generator Technical Operations 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 disclosure in connection with nuclear power plant licensing, and am authorized to apply for its withholding on behalf of the Westinghouse Power Generation Divir, ions.
(2) I am making this Affidavit in conformance with the provisions of 10 CFR 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 Westinghouse Power Generation Divisions in designating informa-tion as a trade secret, privilegeo 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.
(1)
The information sought to be withheld from public disclosure is owned and has been held in confidenac by 1.'estinghouse.
(ii)
The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the pub-lic. 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 confi-dence. 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 com-petitive 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 er 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 capac-ities, budget levels, or commercial strategies of West-inghouse, its customers or suppliers.
(e) It reveals aspects of past, present, or future Westing-house or customer funded development plans and programs of potential commercial value to Westinghouse.
( f) It contains patentable ideas, for which patent protec-tion 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.
(h) Public disclosure of this information would allow un-fair and untruthful judgments on the performance and reliability of Westinghouse equipment components and improper comparison with similar components made by competitors.
There are sound policy reasons behind the Westinghouse system which include the following:
(a) The use of such information by Westinghouse gives West-inghouse 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.
(c) Use by our competitor would put Westinghouse at a com-petitive disadvantage by reducing his expenditure of resources at our expense.
(d) Each component of proprietary information pertinent to a particular competitive acvantage is potentially as valuable as the total competitive advantage. If com-petitors 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 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 10 CFR Sec-tion 2 790, it is to be received in confidence by the Commission.
(iv)
The information 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 in Appen-dix A to letter from A.
E.
LundVal, Jr. to Eisenhut, dated March 18, 1980 concerning infor-mation in response to NRC request for information of February 25, 1980, relative to low pressure turbine disc integrity.
The information enables Westinghouse to:
(a) Develop test inputs and procedures to satisfactorily verify the design of Westinghouse supplied equipment.
1 (b) Assist its customers to obtain licenses.
Further, the information has substantial commercial value as l
follows.
1 (a) Westinghouse can sell the use of this information to customers.
(b) Westinghouse uses the information to verify the design of equipment which is sold to customers.
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(c) Westinghouse can sell sersi es based upon the exper-ience gained and the test equipment and methods developed.
Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse because it wou,ld enhance the ability of competitors to design, manufacture, verify, and sell electrical equipment for commercial turbine-generators without commensurate expenses. Also, public disclosure of the information would enabl > others having the same or similar equipment to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.
The development of the equipment described in part by the information is the result of many years of development by Westinghouse and the expenditure of a considerable sum of money.
This could only be duplicated by a competitor if he were to invest similar sums of money and provided he had the appro-priate talent available and could somehow obtain the requi-site experience.
Further the deponent sayeth not.
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Attachment (3)
Westinghouse P0wer Generati0n
-r - "*L Electii0 C0f00fati0n GIOUp
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- n c- : 3 :5--, r.31:n3 March 14,1980 Darrell G. Eisenhut, Acting Director Division of Operating Reactors U.S. Nuclear Regulatory Commission Washington, D.C. 20555
Dear Mr. Eisenhut,
Your letters of February 25,1980, to licensees with operating Westinghouse steam turbines requested certain site specific and generie information relative to turbine disc integrity. You urged in your letter that the licensees address the generic questions and coordinate the responses through an owners' group.
Licensees with nuclear power plants and Westinghouse steam turbines have formed a Turbine Dise Integrity Task Force, with Mr. Wayne Stiede of Commonwealth Edison Company selected as Chairman. Westinghouse has been working with this Task Force to generate responses to your generic questions.
At a Task Force meeting on March 12 and 13,1980, the utilities present prepared and approved consesus responses to each of your generic questions. The Task Force further directed Westinghouse Electric Corporation to transmit these re-sponses directly to you. The purpose of this letter is to transmit that information to you.
It is our understanding that Mr. Wayne Stiede, Chairman of the Task Force, will also confirm to you by separate letter, the Task Force 5 decision to have Westing-house transmit these responses direct to you. We also understand that each utilit-y, in their specific response to your letter to that utility, will discuss the extent to which they agree with these consensus responses.
If you have any questions on these, please contact me.
Sincerely, 5chmerling, h
b Dise Integrity Progra Manager ec:
W. J. Ross, Operating React USNRC, Washington DC 2055 DUPLICATE DOCUMENT Entire document previously entered._into system under:
ANC
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