ML19332D661

Requests That Proprietary Rev 2 to WCAP-12293, Indian Point Unit 2 Steam Generator Girth Weld/Feedwater Nozzles Rept, Spring,1989 Outage Be Withheld from Public Disclosure (Ref 10CFR2.790)

ML19332D661
Person / Time
Site:	Indian Point
Issue date:	10/30/1989
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML100331159	List: ML100331158 ML19332D661 ML19332D666
References
CAW-89-109, NUDOCS 8912050092
Download: ML19332D661 (9)

Text

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October 30, 1989 CAW 89-109 Dr. Thomas' Murley, Director

- Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission l Washington, D.C. 20555

&EPLICATION FOR WITHHOLDINI PROPRITTARY JNFORMATION FROM PUBLIC OISCLOSURE  ;

Subject:

"WCAP-12293, (Proprietary) and WCAP-12294, (Non-Proprietary) titled t

" Indian Point Unit 2 Steam Generator Girth Weld /Feedwater Nozzels Report,  ;

Spring _1989 Outage, Revision 2"

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the enclosed letter by Consolidated Edison 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 regulations.

'The proprietary material for which withholding is being required is of the same L, technical type as that proprietary material previously submitted as Affidavit CAW-88 132.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by, Consolidated Edison.

Correspondence with respect to the proprietary aspects of the application for withholding or-the Westinghouse affidavit should reference this letter, CAW-89-109, and should be addressed to the undersigned.

Very truly yours, WESTINGHOUSE ELECTRIC CORPORATION

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Robert A. Wiesemann, Manager <

Regulatory & Legislative Affairs Enclosures

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cc: E. C. Shomaker, Esq.

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n CAW 88-132 AFFIDAVIT COP 940NWEALTH 0F PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared Robert A. Wiesemann, who,Iming by me duly sworn according to ,

law, deposes and says that he is authorized to execute this Affidavit l onbehalf of Westinghouse Electric Corporation (" Westinghouse") and thatthe 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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h bO. (Uf4(4 Robert A. Wiesemann, Manager  !

Regulatory and Legislative Affairs Sworn to and subscrjbed before me this XNay .

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CAW-88-132 (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 specifically delegated the l function of reviewing the proprietary infomation sought to be

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withheld from public disclosure in connection with nuclear power plant licensing and rulemaking proceedings, and am authorized to i apply for its withholding on behalf of the Westinghouse Energy

- Systems, Nuclear Fuel, and Power Generation Business Units. ,

(2) I am making this Affidavit in confomance with the provisions of 10CFR Section 2.7g0 of the Commission's regulations and in i L 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, Nuclear Fuel, and Power Generation Business Units in designating information as a trade secret, privileged or' as confidential commercial or financial information.

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1 (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.

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

CAW-88-132 (ii) The information is of a type customarily held in confidence by '

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 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 confidence if it falls i, in one or more of several types, the release of which might .

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

(a) The information reveals the distinguishing aspects of a I

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.

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(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.

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• • CAW-88 132 (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 i 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.

if) It contains patentable ideas, for which patent protection 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.

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.

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

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,(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 l products and services involving the use of the information.

(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 adytntage. If ccmpetitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving i 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.

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p 6- CAW 88-132 (iii) The information is being transmitted to the Commissh n in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the

[ Connission.

(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 kaowledge and belief.

'(v) The proprietary information sought to be withheld in this I submittal is that which is appropriately marked in " Indian Point Unit 2 - Steam Generator Girth Weld Repair Report Fall 1987 Outage" WCAP-11730 (Proprietary), being transmitted by Consolidated Edison Company letter and Application for Withholding Proprietary Information from Public Disclosure, DelPercio to the NRC, January, 1989.

The proprietary information as submitted for Consolidated Edison, Indian Point Unit 2 use is expected to be applicable in other licensee and applicant submittals in response to certain NRC requirements for justification of steam generator girth weld repair.

This information is part or that which will enable Westinghouse to:

(a) Provide documentation of the analyses, method and testing for determining acceptance criteria for the girth weld repair.

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. CAW 88-132 (b) Establish minimum weld thickness in compliance with i ASME Boiler and Pressure Vessel Code. l (c) Document the investigation and determination of the ,

probable flaw fomation mechanism.  ;

.(d) Document the insarvice inspection and evaluation of indications found in the girth weld. 1 (e) Assist the customer to support continued operation with the repaired steam generator.

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l Further this information has substantial commercial value as follows:

(a) Westinghouse may 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 regulatory review.

Public disclosure of this proprietary information is likely l to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar analytical documentation and licensing defense services for 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.

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CAW-88-132 i

The development of the technology described in part by the internation is the result of applying the results of many

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years of experience in an ii. tensive Westinghouse effort and L l the expenditure of a considerable sum of money.  !

In order for competitors of Westinghouse to duplicate this  ;

infomation, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended for system design software development. i Further the deponent sayeth not, s

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