ML20042E912

Requests That Rev 1 to Proprietary Steam Generator Tube Rupture Analysis for Byron & Braidwood Plants, Be Withheld (Ref 10CFR2.790)

ML20042E912
Person / Time
Site:	Byron, Braidwood
Issue date:	03/16/1990
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19302E086	List: ML20042E911 ML20042E912 ML20042E913
References
CAW-90-018, CAW-90-18, NUDOCS 9005040087
Download: ML20042E912 (10)

Text

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Westinghouse Energy Systems Nucleaf andMvanced Electric Corporation Ch" ' D D "

Box 355 Pmsbutgh PennsyWania 15230-0355 March 16,1990 CAW-90-018 Document Control Desk

- US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Commonwealth Edison Report " Steam Generator Tube Rupture Analysis for Byron and Braidwood Plants", Revision 1

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the enclosed letter by Commonealth Edison is further identified in and 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 technical type as that proprietary material previously submitted as Affidavit CAW-89-100.

Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Commonwealth Edison.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-90-018, and should be addressed to the undersigned.

Very truly yours,

[ M%

Robert A. Wiesemann, Manager Enclosure Regulatory & Legislative Affairs cc: K. Holzle, Esq.

Office of the General Counsel, NRC V. Wilson, Nuclear Reactor Regulation 9005040087 PDR 900425 P ADOCK 05000454 PDU

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PROPRIETARY INFORMATION NOTICE l

TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY VERSIONS OF l

DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC 1 AND/0R PLANT SPECIFIC REVIEW AND APPROVAL. .

IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR 2.790 0F THE COMMISSION'S: ,

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 ON THE BRACKETS REMAIN, THE INFORMATION THAT WAS 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 S0 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 0F INFORMATION BEING IDENTIFIED AS PROPRIETARY OR IN THE MARCIN OPPOSITE SUCH 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) 0F THE AFFIDAVIT ACCOMPANYING THIS.

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TRANSMITTAL PURSUANT TO IOCFR2.790(b)(1).

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_y CAW-89 100 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

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 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:

TL b f.( b d 6 It.t (z ? e u t .  !

, Robert A. Wiesemann, Manager ]

Regulatory and Legislative Affairs E

Sworn to and subscribed before me this 22 "d day t'

of M. '

, 1989.

wN c

Notary Public NOTAR!AL SEAL LoRRAINE M PIPLICA, NOTARY PUBLIC MONROEVILLE BORO, ALLEGHENY COUNTY MY CoMM:Ss'ON EXPIRES CEO 14.1M1 Member, PWaytvaM AsacefAn clNyanu

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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 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 i apply for its withholding on behalf of the Westinghouse Energy 4 Systems Business Units.

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

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 l information as a trade secret, privileged or as confidential commercial or financial information.

(4) Pursuant to th'e 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 (1) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

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3- CAW-89-100 (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'eustomarily 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.-

i Under that system, information is held in confidence if it falls in one or more of several types, the-release of which night result in the loss of an existing or potential competitive -

advantage, as follows:

(a) The information reveals the distinguishing aspects of a j 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..

(b) It consists of supporting data, including test data, relative to a process (or component, structure, tool, _

7 method,etc.),theapplicationofwhichdatasecures-a competitive economic advantage, e.g., by optimization or improved marketability.

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CAW 89-100 )

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Its use by a competitor would reduce his expenditure of (c) 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 1 or customer funded development plans and programs of .i potential commercial value to Westinghouse.

(f) It contains patentable ideas, for which patent protection may be desirable

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(g) It is not the property of Westinghouse, but must be treated ]

as proprietary by Westinghouse according-to agreements with r 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.

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

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CAW-89-100 (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 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 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 Westinghouse in the verld 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.

i l ' CAW 89-100 )

(iii) The information is being transmitted'to the Commission in I confidence and, under the provisions of.10CFR Section: l 2.790, it is to be received in confidence by.the Commission.

l (iv) The information sought to be protected is not available in L public sources or available information has not been  :

previously employed .in the same original manner or method 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 "LOFTTR2 Analysis For A Steam Generator Tube Rupture for South Texas Projects. Units 1 & 2", WCAP-12369, (Proprietary),for '

South Texas Units 1 & 2, being transmitted by Houston: >

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 ,

October, 1989. The proprietary information as submitted I

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 -

generator tube rupture accident.

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. CAW 89-100 s

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

l I (a) Provide documentation of the methods, assumptions,- and analysis for a design basis steam generator tube

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rupture accident, i  :

(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 information has substantial commercial value y as follows:

(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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CAW-89-100 k'

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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 i

! competitors to provide similar analytical documentation and-1 licensing defense services for commercial power reactors-without commensurate expenses. Also, public disclosure of the information would enable others to use the information l to meet ~ NRC requirements for licensing documentation; l without purchasing the right to use the information.-

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 information, similar technical programs would have to be-i performed and a significant manpower effort, having the requisite talent and experience, would have to be expended. -

for developing analytical methods. 1 Further the deponent sayeth not.

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