ML19325D120
| ML19325D120 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 09/22/1989 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19325D119 | List: |
| References | |
| CAW-89-100, NUDOCS 8910190025 | |
| Download: ML19325D120 (10) | |
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1 e tr Cor Oration a sba gh Pennsylvania 15230-0355 September 22, 1989 CAW 89-100 Dr. Thomas Murley, Director Office of Nuclear Reactor Regulation
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U.S. Nuclear Regulatory Commission 3
p Washington, D.C.
20555 APPLICATION FOR WITHHOLDING PROPRIETARY l
INFORMATION FROM PUBLIC DISCLOSURE j
Subject:
WCAP-12369,' "LOFTTR2 Analysis for a Steam Generator Tube Rupture L
for the South Texas Project Units 1 and 2" (Proprietary)
Dear Dr. Murley:
The proprietary information for which withholding is being requested in the enclosed letter by Houston Lighting & Power Company is further identified in i
Affidavit CAW 89-100 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 j
Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying l
affidavit by Houston-Lighting and Power Company.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter,_
CAW-89-100, and should be addressed to the undersigned.
Very truly yours,
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/3 obert A. Wiesemann, Manager Regulatory & Legislative Affairs
. Enclosures
' ec:
E. C. Shomaker, Esq.
Office of the General Counsel, NRC
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PROPRIETARY INFORMATION WOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AN0/0R NON-PROPRIETARY VER$10NS OF DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR SENERIC AND/0R PLANT SPECIFIC REVIEW AND APPR0 VAL.
IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR 2.790 0F THE COMMIS$10N'S RESULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SU8MITTED TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VER$10NS
!$ CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INF0ltMAT10N MAS 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 VER$10NS BY MEANS OF LOWER CASE LETTERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT i
IMME01ATELY FOLLOWINC THE BRACKETS ENCLOSING EACH ITEM 0F INFORMATION BEING IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH INFORMATION. THESE LOWER CASE LETTERS REFER TO THE TYPES OF INFORMATION WESTINGHOUSE CUSTOMARILY HOLOS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F l
THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).
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CAW 89-100 AEfjMVII C0ftl0NWEALTH 0F PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
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Before me, the undersigned authority, personally appeared Robert A. Wiesemann, who, being by am 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 aversents of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
<L M 4U?dt Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this g " day of l
- 1989.
y W O 7M. h O Notary Public NOTARIAL SEAL LefRAINE M PtPLCA, NOTARY PUBLIC MONROEVILLE 804o. ALLEGHENY COUNTY MY COMMisSCN EMPIRE $4EC.14.1991 Member, N;:/ -
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'- CAW-89-100 L
(1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear and Advanced Technology Division, of the Westinghouse Electric Corporation and as such, I have been specificully delegated the function of reviewing the proprietary infomation sought to be withheld from public disclosure in connection with nuclear power plant licensing and rulemaking proceedings, and an authorized to apply for its withholding on behalf of the Westinghouse Energy Systems Business Units.
(2) I am making this Affidavit in confomance with the provisions of 1
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 by the Westinghouse Energy Systems Business Units in designating infomation as a trade secret, privileged or as confidential commercial or financial infomation.
(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of 4
the Commission's regulations, the following is furnished for consideration by the Commissior in determining whether the infomation 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 confidence by Westinghouse.
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. (ii) The information is of a type customarily held in confidence by i
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 l
connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The F
application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis i
required.
= Under that system, information is held in confidence if it falls in one or more of several types, the release of which might l'
result in the loss of an existing or potential competitive 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 constitutes a competitive l-economic advantage over other companies.
l (b)
It consists of supporting data, including test data, L
relative to a process (or component, structure, tool,
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method,etc.),theapplicationofwhichdatasecuresa competitive economic advantage, e.g., by optimization or improved marketability.
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. CAW-89 100 (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 :ustomer funded development plans and programs of potential commercial value to Westinghouse.
(f)
It contains patentable ideas, for which patent protection may be desirable.
(g)
It is not the property of Westinghouse, but must be treated L
as proprietary by Westinghouse according to agreements with the owner.
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There are sound policy reasons behind the Westinghouse system y
which include the following:
(a) The use of such information by Westinghouse gives p
Westinghouse a competitive advantage over its competitors.
p It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
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(b)
It is information which is marketable in'many ways. The l
. extent to which.such information is available to
- competitors' diminishes the Westinghouse ability to sell I
products and services involving the use of the information.
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(b) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.
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- (d)
Each component of proprietary information pertinent to a t
particular competitive advantage is potentially as valuable j
aslthe 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 We_stinghouse in the world market, and thereby give a market advantage to the competition of those
. countries.
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(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
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l (iii)
The information is being transmitted to the Commission in l
confidence and, under the provisions of 10CFR Section l
2.790, it is to be received in confidence by the l
Commission.
i (iv)'
The information sought to be protected is not available in
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public' sources or available infomation has not been previously espicyed in the same original manner or method to the best of our knowledge and belief.
l (v)
The proprietary information sought to be withheld in this D(
submittal is that which is appropriately marked in "LOFTTR2 i:
Analysis For A Steam Generator Tube Rupture for South Texas l
Projects Units 1 & 2", WCAP-12369, (Proprietary),for L
South Texas Units 1 & 2, being transmitted by Houston l
Lighting & Power Company (HL&P) letter and Application for
-Withholding Proprietary Information from Public Disclosure.
M. A. McBurnett, HL&P, to NRC Public Document Room, dated l
October, 1989. The proprietary information as submitted for use by Houston Lighting & Power Company for South Texas Units 1 & 2 is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of the design basis analysis for a steam i
generator tube rupture accident.
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This.information is part or that which will enable Westinghouse to:
x (a) Provide documentation of the methods, assumptions, and analysis for a design basis steam generator tube rupture accident.
(b) Establish the margin to steam generator overfill for a
-design basis steam generator tube rupture.
(c) Establish the offsite radiation doses for a design basis steam generator tube rupture.
(d) Assist the customer to obtain NRC approval.
Further this infomation has substantial commercial value as follows:
j (a) Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for licensing documentation.
(b) Westinghouse can sell support and defense of the technology to its customers in the licensing process.
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Public disclosure of this proprietary infomation is likely j
to cause substantial ham to the competitive position of
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Westinghouse because it would anhance the ability of l
competitors to provide sinilar analytical documentation and licensing defense services for commercial power reactors l
without commensurate expenses. Also, public disclosure of i
the infomation would en6ble others to use the information l
to meet NRC requirements for licensing documentation I
without purchasing the right to use the information.
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E The development of the technology described in part by tbt L
l' information is the result of applying the results of many l
years of experience in an intensive Westinghouse effort and i
the expenditure of a considerable sum of money.
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i In order for competitors of Westinghouse to duplicate this j
infomation, similar technical programs would have to be l
performed and a significant manpower effort, having the requisite talent and experienco, would have to be expended for developing analytical methods, i
L Further the deponent sayeth not.
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