ML20056F879

Requests That Proprietary WCAP-13823, VC Summmer Nuclear Station SG Pulled Results Presentation Matls from Nrc/Sce&G/ Westinghouse Meeting on 930727 Be Withheld,Per 10CFR2.790(b)(4)

ML20056F879
Person / Time
Site:	Summer
Issue date:	08/26/1993
From:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19310D651	List: ET-NRC-93-3956, Forwards Nonproprietary & Proprietary VC Summer Nuclear Station SG Pulled Tube Exam Results Presentation Matls from Nrc/Sce&G/Westinghouse Meeting on 930727. Proprietary Matl Withheld,Per 10CFR2.790 ML20056F879 ML20056F880
References
AW-93-508, NUDOCS 9308310259
Download: ML20056F879 (7)

Text

{{#Wiki_filter:' Westinghouse Energy Systems B2 355 Pmsbirgh FersyNama 15233 0355 Electric Corporation t i August 26,1993 AW-93-508  : l Document Control Desk , US Nuclear Regulatory Commission Washington, DC 20555 [ Attention: Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

WCAP-13823, "V. C. Summer Nuclear Station Steam Generator Pulled Tube Examination , Results" Presentation Materials (Proprietary)

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the above-referenced letter is < further identified in Affidavit AW-93-508 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 l regulations. Correspondence with respect to the proprietary aspects of the application for withholding or the i Westinghouse affidavit should reference this letter, CAW-93-508, and should be addressed to the undersigned.  ; l Very truly yours, i dn //ln N. J. Liparulo, Manager Enclosures Nuclear Safety & Regulatory Activities cc: Kevin Bohrer/NRC (12H5) i 9308310259 930826 5 DR ADOCK 0500 ( g

AW-93-508 l AFFIDAVIT j COMMONWEALTH OF PENNSYLVANIA: l ss COUNTY OF ALLEGHENY: Before me, the undersigned authority, personally appeared Brian A. Mcii, tyre, who, being by i 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, .aformation, and belief: P

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bx l$' b) ,- , Brian A. McIntyre, Manager > Advanced Plant Safety and Licensing Sworn to and subscribed befbre me this 8[v day of Oucuin L ,1993 J . N1.aM Seal Denise K Hew:m Nygypg i x AM A DL A Ne ts_4r_ ^ ,y rn '

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AW-93-50S l i t 1 (I) I am Manager, Advanced Plant Safety and Licensing, 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 j 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. l (2) I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the l Commission's regulations and in conjunction with the Westinghouse application for i withholding accompanying this Affidavit. (3) I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy i Systems Business Unit in designating intbrmation as a trade secret. privileged or as- j confidential commercial or financial information. [ l (4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Commission's l t regulations, the 1bilowing is furnished fbr consideration by the Commission in determining j whether the information sought to be withheld from public disclosure should be withheld. l (i) The information sought to be withheld from public disclosure is owned and has been li 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 i i the types of information customarily held in confidence by it and, in that connection. l i 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 c(mstitutes Westinghouse policy and provides the rational basis required.  ;

                                                                                                                         -t Under that system, information is held in c(mfidence if it falls in one or more of                           -l several types, the release of which might result in the loss of an existing or potential competitive advantage, as follows:
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AW-93-508 - i l I (a) The information reveals the distinguishing aspects of a process (or component, j I 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. i t (b) It consists of supporting data, including test data, relative to a process (or i component, structure, tool, method, etc.), the application of which data i secures a competitive economic advantage, e.g., by optimization or improved l, marketability. f 6 (c) Its use by a competitor would reduce his expenditure of resources or improve i his competitive position in the design, manufacture, shipment, installation, I assurance of quality, or licensing a similar product. l l (d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers. j i (e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to j Westinghouse. .! s (f) It contains patentable ideas, for which patent protection may be desirable. i There are sound policy reasons behind the Westinghouse system which include the  ; following: i

l (a) The use of such information by Westinghouse gives Westinghouse a .l competitive advantage over its competitors. It is, therefore, withheld from  !

disclosure to protect the Westinghouse competitive position. l t i . (b) It is information which is marketable in many ways. The extent to whi:h

,                             such information is available to competitors diminishes the Westinghouse l'                             ability to sell products and services involving the use of the information.

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AW-93-508 ' l l l (c) Use by our competitor would put Westinghouse at a competitive disadvantage  ; by reducing his expenditure of resources at our expense. I l i (d) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive l advantage, if competitors acquire components of proprietary information, any j t one component may be the key to the entire puzzle, thereby depriving j Westinghouse of a competitive advantage.  ; i (e) Unrestricted disclosure would jeopardize the position of prominence of  ; i Westinghouse in the world market, and thereby give a market advantage to the  ; competition of those countries. f!

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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

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competitive advantage.  ! l i (iii) The information is being transmitted to the Commission in confidence and, under the lt provisions of 10CFR Section 2.790, it is to be received in confidence by the  ! I Commission. l 1 (iv) The information sought to be protected is not available in public sources or available l information has not been previously employed in the same original manner or method l to the best of our knowledge and belief. l (v) The proprietary information sought to be withheld in this submittal is that which is ( appropriately marked in "V. C. Summer Nuclear Station Steam Generator Pulled j i Tube Examination Results", WCAP-13823 (Proprietary), August,1993 for the Virgil j r C. Summer Nuclear Station, being transmitted by Westinghouse E!ectric Corporation .! i letter and Application for Withholding Proprietary Information from Public Disclosure, to Document Control Desk, to Attention of Dr. Thomas Murley. The proprietary information as submitted for use by South Carolina Electric & Gas l Company for the Virgil C. Summer Nuclear. Station is expected to be applicable in DGIC-MAR-4MC403 i

t 3 AW-93-508  ! F other licensee submittals in response to certain NRC requirements for justification of t steam generator tube integrity assessment.  ! This information is part of that which will enable Westinghouse to:  ! t l (a) Provide documentation for steam generator tube integrity assessment. f f (b) Provide leak and burst test results. [ t i (c) Provide SLB leakage assessment and burst margins. Further this information has substantial commercial value as follows:  ! I t (a) Westinghouse plans to sell the use of similar information to its customers for purposes of satisfying NRC requirements for licensing documentation.  : (b) Westinghouse can sell support anJ defense of the technology to its customers , in the licensing process. l t - Public disclosure of this proprietary information is likely to cause substantial harm to  ; 1 the competitive position of Westinghouse because it would enhance the ability of j competitors to provide similar design documentation and licensing defense services for i commercial power reactors without commensurate expenses. Also, public disclosure  ; of the information would enable others to use the information to meet NRC j requirements for licensing documentation without purchasing the right to use the , information. 1 l The development of the technology described in part by the information is the result j i of applying the results of many years of experience in an intensive Westinghouse , efibrt and the expenditure of a considerable sum of money.

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) l In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effert, (NJGMAR4:OK2473 a

AW-93-508 having the requisite talent and experience, would have to be expended for testing and analytical methods and performing tests. Funher the deponent sayeth not. _ i k

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