ML20043H943

Requests Withholding of Proprietary WCAP-12351, North Anna Unit 1 Evaluation for Tube Vibration Induced Fatigue, from Public Disclosure Per 10CFR2.790

ML20043H943
Person / Time
Site:	North Anna
Issue date:	04/27/1990
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19298E182	List: ML20043H942 ML20043H943
References
CAW-90-029, CAW-90-29, NUDOCS 9006270112
Download: ML20043H943 (11)

Text

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Energy Systems Igo yggjo?;87 In Isnmnsywama m30cm April 27, 1990 CAW-90-029 D'ocument Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Dr. Thomas Murley, Director APflJfAT10N FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

North Anna Unit 1 Evaluation For Tube Vibration Induced Fatigue.

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the enclosed letter by Virginia Electric and Power Company is further '

identified in an Affidavit CAW 90-029 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)(O ' 10CfR Section 2.790 of the Commission's regulations.

According.. 'his letter authorizes the utilization of the accompanying affidavit o, Virginia Electric and Power Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW 90 029, and should be addressed to the undersigned. ,

Very truly yours, WE 'GH0VSE ELECTRIC CORPORATION 6[ @d Manager o ert A. Wiesemann,4thf4M Regulatory & Legislative Affairs cc: C. M. Holzle, Esq.

Office of the General Counsel, NRC V. Wilson ~

l Nuclear Rector Regulations 9006270112 900621 PDR 0 ADOCK 05000338 PDC

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0324M:DLc:091389

i Attachment to VRA-90-579 Virginia Power Letter for Transmittal to the NRC THE FOLLOWING PARAGRAPHS SHOULO BE INCLUDED IN YOUR LETTER TO THE NRC:-

Enclosed are:

1. < co)ies of WCAP 12351, entitled " North Anna Unit 1 Evaluation For Tuae Vibration Induced Fatigue.", (PROPRIETARY).

2. copies of WCAP-12352, entitled " North Anna Unit 1 Evaluation For Tube Vibration Induced Fatigue.", (NON PROPRIETARY).

Also enclosed is a Westinghouse authorization letter, CAW 90 029 Proprietary Information Notice, and accompanying Affidavit.

As item 1 contains information proprietary to Westinghouse Electric Corporation, it is supported by an affidavit signed by-Westinghouse,-

the owner of the information. The affidavit 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 Section 2.790 of the Commission's regulations.

Accordingly, it is res)ectfully requested that the information which is proprietary to Westing 1ouse be withheld from public disclosure in accordance with 10CFR Section 2.790 of-the Commission's regulations.

Correspondence with respect to-the proprietary aspects of the Application for Withholding or the supporting _ Westinghouse Affidavit should reference CAW 90 029 and should be addressed to R. A. Wiesemann, Manager of Regulatory & Legislative Affairs, Westinghouse Electric '

Corporation, P.O. Box 355, Pittsburgh, Pennsylvania 15230-0355.

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f PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/OR NON PROPRIETARY VERSIONS OF DOCUMENTS FURN!$HED TO THE NRC-!N CONNECTION WITH REQUESTS FOR GENERIC AND/OR PLANT SPECIFIC REVIEW AND APPROVAL.

IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR2.790 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 VER$10NS 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 FOLLOW WG 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) 0F ,

THE AFFIDAVIT ACCOMPANYING THIS TRANSHITTAL PURSUANT TO 10CFR2.790(b)(1).

I 0324M:0LC:091383

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CAW 90-029 i l

AFFIDAVIT I ,

COMMONWEALTH OF PENNSYLVANIA:

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i COUNTY OF ALLEGHENY:

P 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:

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, l 111 /1///fL W Robert A. Wiesemann, Manager ,

Regulatory and Legislative Affairs Sworn to and subscribed before me this .'22.%. y of [ , 1990.

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- >h.[A Notary > Public i NOTAR;/4 SEAL i LORRAINEM PtPLCA,NOTARYPUBLC MONROEW,2 40RO. ALLE3HENYCOUNTY

- MY COMM4sCN EXPIAEs DEC.14,1ggj i

.P% AssoasmetC9fy3_ _ _ _ , , __ . _ . _ _ _ _ . _ _ _ _ _ _ _ _ _ _ . _ _ _ _ , _ _ _ _ ____'

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l K 2- CAW 90 029 l (1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear  !

l and Advanced Technology Division, of the Westinghouse Electric l

Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be j withheld from public disclosure in connection with nuclear power j plant licensing and rulemaking proceedings, and'am' authorized to apply for. its withholding on behalf.of the Westinghouse Energy ll Systems Business Unit.

1 (2) I am making this Affidavit in confomance with the provisions of 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 Unit in designating information as a trade secret, privileged or as confidential commercial or financial information. -

(4) Pursuanttotheprovisionsofparagraph(b)(4)ofSection2.790of i' 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.

(i) 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 infomation 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.  !

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

3 advantage, as follows:' .

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(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. .

1 (b) It consists of supporting data, including test data, l relative to a process (or component, structure, tool, method,etc.),theapplicationofwhichdatasecuresa competitive economic advantage, e.g., by optimization or improved marketability, j j

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CAW-90 029 (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 customer funded development plans and programs of potential co w rcial value to Westinghouse.. ,

p (f) It contains patentable ideas, for'which patent protection 1 may be desirable.

l (g) It i, 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: 1 (a) The use of such information by Westingheuse gives Westinghouse a competitive advantage over its comoetitors.

It is, therefore, withheld from disclosure to protect the -

I 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 ll competitors diminishes the Westinghouse ability to'se111 i products and services involving the use of the informaiton.

(c) Use by our competitor we31d put Westinghouse at a' e competitive disadvantage by reducing his expenditure of.  :

resources at our expense, i (d) Each component of proprietary information pertinent to a ,

particular competitive advantage is potentially as valunble ",

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as the total competitive advantage. If competitors acquire components of proprietary information, any one comp'nent- o may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.

(e) Unrestricted disclosure would jeopardize the position of i l prominence of Westinghouse in the world market, and thereby. 1 l 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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(iii). -The informationtis-be.ing transmitted to.the Commission in' confidence and, under the provisions of 10CFR Section 2.790,' it is to be received in_ confidence by the

-Commisston. - I

. - < i (iv) The informationisought to be protected is not .available;in g

public sources or'available'information has not been, previously employed in.the same original manner or method to'the bestlof:our, knowledge and belief.

(v)' The' proprietary.information sought to;be withheld in-this 'l

-submittal'isjthat'whichisappropriatelymarkeain

" North' Anna Unit l' Evaluation For Tube Vibration Induced Fatigue",'WCAP12351,,(Proprietary),forNorth~AnnaUnit1, 1

-being transmitted by Virgina' Electric and_ Power Company -l (VEPCO) letter and Appilcation for Withholding Proprietary l Information from Public Disclosure, E. W. Harrell, VEPCO,. '

to!the Document. Control Desk, -attention Dr. Thomas Murley, Director, Office-of Nuclear _ Reactor Regulation, dated.

April,,1990. The proprietary information as submitted for use by Virgina Electric and: Power Company for the North

' Anna Unit 1 is. expected to be applicable in.other licensee '

'submittals in response to certain-NRC requirements for

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justification of actions to minimize the potential for rapidly propagating fatique. cracks causing a steam generator tube rupture.

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O' This information is part or that which will enable

Westinghouse to:, i i >

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" (a) . Provide documentation of-the. analyses,-methods.and?

[ testing for reaching a conclusion relative to the j

. potential

for denting. induc'ed fatique degradation att h the top tube support plate. 4

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'I i= (b) -Establish the tube stiffness, freque:.cy, and. -

fluid-elastic stability ratios.by dynamic: analysis of  ;

! various tubes..

Establish the effects on fluid-elastic . instability of 3 (c) -l' L. columwise variations in anti-vibrationtbar.' insertion o

depths.

(d) Establish.the detailed flow conditions.,in the region l of intrest including flowLvelocities,-densities, and .

void fractions.

L (e) Assist the customer to obtain .NRC' approval. -

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, , , i Further this information has substantial- commercial- i value as follows:

h b- (a) Westinghouse: plans to sell.. the use of'similar  ;

.information to its customers for purposes of meeting s ')

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. l i

Publicidisclosureof:thisproprietaryinformationis

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ulikely to cause substantial harm to the competitive position _of Westinghouse because it would enhance .the

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ability of competitors to provide simi1ar? i

documentation and l'consing defense services for- q commercial power: reactors without commensurate ,

expenses. Also, public disclosure.of the information: 4 would enable others to use the information to meet NRC -

requirements for_ licensing documentation without '

. purchasing the right to use the information.

The development of.the technology 4 scribed in part by: l the information is the result' of applying'the results _ ,

of many. years of! experience in an intensive i Westinghouse effort and_the expenditxce of g

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considerable sum of money.

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, j would have to be expended for the developing testing and analytical' methods and performing tests.

l Further the deponent sayeth not.

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