ML19325E754

Requests That Proprietary Rept WCAP-12248,Suppl 2, Addl Info in Support of Evaluation of Thermal Stratification for Comanche Peak Unit 1 Pressurizer Surge Line Be Withheld from Public Disclosure (Ref 10CFR2.790)

ML19325E754
Person / Time
Site:	Comanche Peak
Issue date:	10/23/1989
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19292J542	List: ML19325E752 ML19325E754 ML19325E756
References
CAW-89-107, NUDOCS 8911080405
Download: ML19325E754 (10)

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' Attachment 2'to TXX-89792 rN P, age 1,0f 10

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Nuclear and Myanced M lngh0use~ Enew Systems Electric Corporation 1*" 'S NS*

Box 355 I Pmsbygh Pennsytvania 15230 0355 October 23, 1989

. CAW-89-107 Dr. Thomas Murley, Director Office of Nuclear Reactor Regulation ,

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY

• INFORMATION FROM RUBLIC DISCLOSVRE

Subject:

" Additional Information in Support of the Evaluation of Thermal -

Stratification for the Comanche Peak Unit 1 Pressurizer Surge Line", WCAP-12248, Supplement 2.

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the enclosed letter by TV Electric Company is further identified in an Affidavit CAW-88-129 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 regulations.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by TU Electric Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-89-107, and should be addressed to the undersigned.

L Very truly yours,

, WESTINGHOUSE ELECTRIC CORPORATION l

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Robert A. Wiesemann, Manager u

Regulatory & Legislative Affairs Enclosures .

L E. C. Shomaker, Esq.

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Office of the General Counsel, NRC 8911080405 891102 gDR ADOCK 050 g 5

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'Attachmesit 2'to TXX-89792 l

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• CAW-88-129 blflDM1 STATE OF CALIFORil!A: .

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EmultTY OF SAN FRAllCISCD:

Refere me, the undersigned authority, personally appeared Robert A. Niesemann, who being by as duly sworn according to law, deposes and says that he is authorised to esecute this Affidavit on behalf of Nestinghouse tjectric Corporation PNestinghouse9 and that the averments l

of fact set forth in this Affidavit are true and correct to the best of j his knowledge, information, and belief:

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11 mnw Robert A.'Niessmann. Manager

, Regulatory and Legislative Affairs l- Sworn to and subscribed before me this f day

- of - IIhed- 1988.

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-t- CAW 88 129  ;

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, -(1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear and Advanced Technology Division, of the Westinghouse Electric i

Corporation and as ach I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure is connection with nuclear power ,

plant licensing and rulemaking proceedings, and an authorized to

, apply for its withholding en behalf cf the Westinghouse Energy systems, Nuclear Fuel, and Power Generation Business Units. '

(2) I am making this Affidavit in conformance with the provisions of ,

10CFR Section 2.7g0 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 l the Westinghouse Energy Systems, Nuclear Fuel, and Power Generation Business Units in designating information as a trade secret, privileged or as confidential coenercial or financial information.

l- (4) Pursuanttotheprovisionsofparagraph(b)(4)ofsection2.7g0of -

l the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from pubite disclosure should be withheld.

(1) The infomation sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

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% . JAttachnent 2 to TXX-89792 Page 4 of.10 p

3 CAW.88 329 i

e (11) The information is of a type custenarily held in confidence by

" Westinghouse and not customarily disclosed to the public.  !

Westinghouse has a rattenal basis for detemining the types of information customarily held in' confidence by it and, in that . 1 connection, utilites a system to determine when and whether to held certain types of infomation in confidence. The

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application of that system and the' substance of that system i constitutes Westinghouse policy and provides the rational basis l required. I Under that systes, information is held in confidence if it falls i in one or more of several types, the release of which might .

result in the loss of an existing er potential competitive advantage, as follows:

(a) The information reveals the distinguishing aspects of a

• process (orcomponent, 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 essponent, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimizatten er taproved marketability.

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+4+ CAWa$$*)lg (c) Its use by a tempetiter would reduce his expenditure of  !

resources or taprove his cespetitive positten in the design' annufacture, shipment, insta11atten, assurance of e

quality, or licensing a sistlar product.

(d) It reveals cost er price infomation, production capacities, budget levels, or commercial strategies of Westinghouse, its customers'er suppliers.

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(e) It reveals aspects of past, present, or future Westinghouse or customer funded' development plans and programs of potential commercial value to Westinghouse. l (f) It contains patentable ideas, for which patent protection may be desirable.

1 (g) It is.not the property of Westinghouse, but must be treated I as proprietary by Westinghouse according to agreements with I

. the owner.

I There are sound policy reasons ~behind the Westinghouse system I L

uhtch include the following:

l (a) The use of such infomation by Westinghouse gjves

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Westinghouse a competitive advantage over its competitors.

It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

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CAW 88 129 l

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s (b) It is infomation which is marketable in man ways. The I estent to which such infomation is available to ceapetitors diminishes the Westinghouse ability to sell ,

products and services involving the use of the information.

(c) Use by our cespotitor would put Westinghouse at a -

competitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each component of proprietary infomation pertinent to a '

particular competitive advantage is potentially as valuable ,

, as the total competitive advantage. If competitors acquire components of proprietary infomation, any one component may be the key to the entire puttle, thereby depriving

- Westinghouse of a competitive advantage.

t (e) -Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the tempetition of these countries.

j (f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a coepetitive advantage.

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Attackent2toTXX-89792 Paje 7' of 10 ,

6-CAW 88 119 L

(iii) The information is being transmitted to the Comission in '

confidence and, under the provisions of 10CFR Section t.7fe, it is to be received in confidence by the Caratssion.

(iv) The infomation sought to be protected is not available in public sources or available infomation has not been previously employed in the same original manner or method to the best of our knowledge and belief. '

(v) The proprietary infomation sought to be withheld in this submittal is that which is approprist'ely marked in ' South Texas Units 1 and 2. Pressuriser Surge Line and Residual '

Heat Removal Line Stratification', WCAp 18067, (Proprietary), for South Texas Projects Units I and 2, being transmitted by the Houston Lighting and power Company

' -(NL&P) letter and Application for Withholding Proprietary '

Infomation from public Ofsclosure, N. A. McBurnett, Manager, Operations Support Licensing NL&p, to NRC Document Control Desk, attention Dr. Thomas Murley, December, Iget. The proprietary informatica as submitted for use by Neuston Lighting and power Ceapany for the South Texas Project is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of the integrity of the pressuriser surge line for its design life under themal stratification condittens.

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i This infomation is part or that which util enable i Westinghouse to:

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(a) Provide documentation'of the analyses and methodology used in the evaluation of the themel stratification phenomenon. '

o (b) Establish revised design transients for the l pressurizer surge line based on plant monitoring data and Westinghouse test programs.

(c) Demonstrate the structural' integrity of the L -f pressurizer surge line for the 40 year' design life,  !

' and the acceptability of leak before break and fatigue. i track growth, under themal stratification conditions.

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• (d) Demonstrate the low Ilkelihood of stratification in t

the RNR lines, and the integrity of these lines in the I

event such a condition did exist.

(e) Assist the customer in obtaining IRC approval.

Further this infomation has substantial causercial value as follows:

(a) Westinghouse plans to sell the use of similar l tafemation to its customers for purposes of demonstrating adequate design life for aurge lines and lutR lines.

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

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-8 CAW.88.Itg 2

public distlesure of this proprietary infomstion is likely to cause substantial ham to the competitive position of m tiestinghouse because it usuld enhance the ability of l esapetitors to provide similar analytical documentation and (

, licensing defense services for commercial power reacters '

-without commensurate expenses. Also, public disclosure of the information would enable others to use the infomation to meet INic requirements for licensing documentation without purchasing the right to use the infomstion, j l .

The development of the technology described in part by the infomation 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 anney.

In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, mould have to be expended for the development, verification, and licensing of adequate methods for evaluation of this phenomenon.

Further the depohant sayeth not.

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, Attachment 2 to TXX-89792 l v . Page 10 of 10 )

PROPHIETARY INFORMATION NOTICE

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t TRANSMITTED HEREWITH ARE PROPRIETARY AND/OR NON PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/0R PLANT SPECIFIC REVIEW AND APPROVAL.

IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR2.790 0F THE COMMISSION'S j 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 ON 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)

L l OF THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).

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