ML20012D758

Requests That Proprietary WCAP-12265, North Anna Unit 2 Evaluation for Tube Vibration Induced Fatigue, Be Withheld from Public Disclosure (Ref 10CFR2.790)

ML20012D758
Person / Time
Site:	North Anna
Issue date:	05/03/1989
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19293A296	List: ML20012D755 ML20012D758 ML20012D766
References
CAW-89-067, CAW-89-67, NUDOCS 9003280339
Download: ML20012D758 (10)

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g g Box 355 Pmsbwp Pennsytvania 15230-0355 May 3, 1989 CAW-89-067 Dr.-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 I.

Subject:

Transmittal of WCAP's Entitled, " North Anna Unit 2 Evaluation For Tube Vibration Induced Fatigue"

Dear Dr. Murley:

l The proprietary information for which withholding is being requested in the enclosed letter by. Virginia Power is further identified in an affidavit signed l- by the owner of the proprietary information, Westinghouse Electric h 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.

l The proprietary material for which withholding is being required is of the same t

technical type as that proprietary material previously submitted-as Affidavit CAW-88-124.

i. ' Accordingly, this letter authorizes the utilization of the accompanying l-affidavit by Virginia Power.

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> Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, l

CAW-89-067, and should be addressed to the undersigned.

(C~~B Very truly yours,

! a W I OUSE ELECTRIC CORPO TION dAU4 Robert A. iesemann, Mana er 09 Regulatory & Legislative ffairs Rg

- $5 /mit 88 Enclosures g<r m

L 8g cc: E. C. Shonaker, Esq.

M o. Office of the General Counsel, NRC j 015M:RHD:050389~

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t-AFFIDAVIT f.

/ COMONWEALTH OF PENNSYLVANIA:- 1

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ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared Robert A. Wiesemann, who, being by me duly sworn according to law, deposes and says that he is-authorized to execute thic Affidavit on behalf of Westinghouse Electric Corporation (" Westinghouse") and that 1 o' the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

Jhd Robert A. Wiesemann, Manager ,

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Regulatory and Legislative. Affairs

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f Sworn to and subscribed before me this /Nay of b. , 1988.

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< Notary Public .i w 34 l NOTAnuL SEAL

. LORRASE K MPUCA,NOTARYPUBuc n temoEVLLEtoRo, ALLEGHENYCOUNTY J Mymem ENMfEs DEc.14,1M1 p IIseter puuspheNe Aseselstent.f t.Wc b

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, CAW-88-124 L

(1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear and Advanced Technology Division, of the Westinghouse Electric 4 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 rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems, Nuclear Fuel, and Power Generation Business Units.

L (2) I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Comission's regulations and in k 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, j privileged or as confidential commercial or financial information, i (4) Pursuant to the provisions of paragraph (b)(4)'of Section 2.790 of g 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 infomation sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

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, CAW-88 124-(11,) 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 infonnatica 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 confider.ce. 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 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

[ economic advantage over other companies.

C g (b) It consists of supportiag 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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i (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 quclity,.or licensing a similar product. J

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

n (e) It reveals aspects of past, present, or future Westinghouse cr customer funded development plans and programs of

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potential cosnercial value to Westinghouse. l (f) It contains patentable ideas, for which patent protection may be desirable.

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

the owner.

.# There are sound policy reasons behind the Westinghouse system which include the following:

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(a) The use of such infomation by Westinghouse gives t Westinghouse a competitive advantage over its competitors.

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 extent to which such infomation is available to L competitors diminishes the Westinghouse ability to sell l y products and services involving the use of the irformation.

(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 infomation pertinent to a L .particular competitive advantage is potentially as valuable ,

as the total competitive advantage. If competitors acquire

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i components of proprietary infomation, 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 of those p 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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CAW 88-124 (iii) The information is being transmitted to the Commission in

/ confidente and, onder the provisions of 10CFR Section 2.790, lit is to be received in confidence by the ,

Commission.

(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_

1. to the best of our knowledge and belief.

(v) The proprietary information sought to be withheld in this L

submittal is that which is appropriately > marked in " Point l Beach Unit 2 Tube Fatigue Evaluation: Response to NRC Questions", WCAP-32042, (Proprietary), for Point Beach Nuclear Plant Unit 2, being transmitted by the Wisconsin l Electric' Power Company.(WEPCO) letter and Application for Withholding Proprietary Information from Public Disclosure,

! C. W. Fay, WEPCO, to NRC Document Control Desk, Attention W. Swenson, November 17, 1988. The proprietary information as submitted for use by Wisconsin Electric Power Company f for the Point Beach Unit 2 is expected to be applicable in ii other licensee submittals in response to certain NRC

-> requirements for justification of actions to minimize the l potential for rapidly propagating fatigue cracks causing a steam generator tube rupture.

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'. CAW 88-124 This information is part or that which will enable Westinghouse to:

(a) Provide documentation of the analyses, methods, and testing for reaching a conclusion relative to the potential for denting induced fatigue degradation at ,

the top tube support plate.

(b) Establish the tube stiffness, frequency, and fluid-elastic-stability ratios by dynamic analysis of ~

various tubes.

(c) Establish the effects on fluid-elastic instability of columnwise variations in anti-vibration bar insertion depths.

(d) Establish the detailed flow conditions in the region of interest including flow velocities, densities, and u void fractions.

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[ (e) Assist the customer to obtain NRC approval.

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'r-Further this information has substantial commercial value as follows:

(a) Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for licensing documentation.

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

Public disclosure of this proprietary information.is likely-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 consensurate expenses. Also, public disclosiire of the information would enable others to use the infomation to tenet NRC requirements for licensing documentation without purchasing the right to use the information. i L

L The development of the technology described in part by the information 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 money.

In order for competitors of Westinghouse to duplicate this f information, similar technical programs would have to be h performed and-a significant manpower effort, having the g, requisite talent and experience, would have to be expended -

for developing testing and analytical methods and

{ performing tests.

k Further the deponent sayeth not.

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l PROPRIETARY INFORMATION NOTICE Transmitted herewith are proprietary and/or non proprietary versions of documents furnished to the NRC in connection with requests for generic u and/or plant specific review and approval. .

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! In order to conform to the requirements of 10CFR2.790 of the Commission's L regulations concerning the protection of proprietary infomation so submitted to the NRC, the information which is proprietary in the

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proprietary versions is contained within brackets and where the proprietary J l information has been deleted in the non proprietary versions only the l brackets remain, the information that was contained within the brackets in the proprietary versions having been deleted. The justification for I claiming the information so designated-as proprietary is indicated in both l versions by means of lower case letters (a) through (g) contained within parentheses located as a superscript immediately following the brackets I enclosing each item of 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) of the affidavit accompanying this .

transmittal pursuant to 10CFR2.790(b)(1).  :

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