ML20056E268

Requests That Proprietary Analysis of Potential Blast Effects on LACBWR Reactor Bldg Due to 16 Inch Natural Gas Pipeline Failure,Suppl Analysis for Fast Closing Valve Be Withheld,Per 10CFR2.790(b)(4)

ML20056E268
Person / Time
Site:	La Crosse File:Dairyland Power Cooperative icon.png
Issue date:	05/11/1993
From:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19310D623	List: ML20056E260 ML20056E262 ML20056E263 ML20056E268
References
CAW-93-461, NUDOCS 9308230102
Download: ML20056E268 (9)

Text

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Weslinghouse Energy Systems Ba 32 Electric Corporation Pmame PasAna n233 032 May 11,1993 CAW-93-461 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Analysis of the Potential Blast Effects on the LAC BWR Reactor Building due to a 16 inch Natural Gas Pipeline Failure.

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the above-referenced letter is further identified in Affidavit CAW-93-461 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 10 CFR Section 2.790 of the Commission's regulations.

Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Dairyland Power Cooperative.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-93-461, and should be addressed to the undersigned.

Very truly yours, N. J. Lipa 1, ' Manager Nuclear Safety 6. Regulatory Activities Enclosures

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AFFIDAVIT i

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COUNTY OF ALLEGHENY:

i Before me, the undersigned authority, personally appeared Henry A. Sepp, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on a

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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, CAW-93-461 (1)

I am Manager, Strategic Licensing issues, in the Nuclear and Advanced Technology Divisions, 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 apply for its withholding on behalf of the Westinghouse Energy Systems Business Unit.

(2)

I am making this Af6 davit in conformance 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 con 6dential commercial or financial information.

(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 infcrmation 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.

(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 typer 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 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:

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. CAW-93-461 (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.

(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.

(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 commercial value to Westinghouse.

(f)

It contains patentable ideas, for which patent protection may be desirable.

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.

1 (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.

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1 (c)

Use by our competitor would put Westinghouse at a competitive disadvantage i

i by reducing his expenditure of resources at our expense.

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(d)

Each component of proprietary information pertinent to a particular l

competitive advantage is potentially as valuable as the total competitive I

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,

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(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.

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(f)

The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

(iii)

The information is being transmitted to the Commission in confidence and, under the provisions of 10CFR Section 2.790, it 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 msnner 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 " Analysis of The Potential Blast Effects on the LACBWR Reactor Building Due to a 16 Inch Natural Gas Pipeline Failure", (Proprietary), May, 1993 for the Lacrosse Boiling Water Reactor, being transmitted by the Dairyland Power Cooperative Company letter and Application for Withholding Proprietary Information from Public Disclosure, Mr. Berg to Document Control Desk, Attention Dr. Thomas Murley. The proprietary information as submitted for use by Dairyland Power Cooperative Company for the Lacrosse Boiling Water Reactor is expected to 04X'-TJA+04WO A.

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! CAW-93-461 be applicable in other licensee submittals in response to certain NRC requirements for.

justi0 cation of natural gas pipelines or wells in the vicinity of reactor buildings, j

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

(a)

Provide documentation of the methodology used in the evaluation of potential effects due to the release of natural gas from a pipeline or wells, and subsequent deflagration.

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l Further this information has substantial commercial value as follows:

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I (a)

Westinghouse plans to sell the use of similar information to its customers for purposes of non-nuclear risk management services.

(b)

Westinghouse can sell support and defense of the effects of natural gas explosions at commercial power reactors.

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

i competitors to provide similar 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 require aents for licensing documentation without purchasing the right to use the l

infc.mation.

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.

1 In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort,-

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CAW-93-461 i

i having the requisite talent and experience, would have to be expended for the development and identification of adequate methods for evaluation of this phenomenon.

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i Further the deponent sayeth not.

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i PROPRIETARY INFORMATION NOTICE Transmitted herewith are proprietary and/or non-proprietary versions of documents j

furnished to the NRC in connection with requests for generic and/or plant-specific review and approval.

i in order to conform to the requirements of 10 CFR 2.790 of the Commissions's regulations e oncerning the protection of proprietary information so submitted to the NRC, the informat:3n which is proprietary in the proprietary version is contained within brackets, and where tA.e proprietary :nformation has been deleted in the non-proprietary versions, only the '; rackets 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 (f) contained within parentheses located as a superscript immediately following the brackets enclosing each item of information being identified as proprietary or in the g

margin opposite such information. These lower case letters refer to the types of information Westinghouse customarily holds in confidence identified in Sections (4)(ii)(a) througn (4)(ii)(f) of the affidavit accompanying this transmittal pursuant to 10 CFR 2.790(b)(1).

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DB23CN!D50693

COPYRIGHT NOTICE The reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copies for the information contained in these reports which are necessary for its internal use in connection with generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 2.790 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection ont withstanding. With respect to the non-proprietary versions of these reports, the NRC is permitted to make the number of copies beyond these necessary for its internal use which are necessary in order to have one copy available for public viewing in the 5

appropriate docket files in the public document room on Washington, DC and in local public document rooms as may be required by NRC regulations if the number of copies i

submitted is insufficient for this purpose. The NRC is not authorized to make copies for the personal sue of members of the public who make use of the NRC public document rooms. Copies made by the NRC must include the copyright notice in allinstances and the proprietary notice if the original was identified as proprietary.

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