ML20058E572
| ML20058E572 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 11/23/1993 |
| From: | Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19311B207 | List: |
| References | |
| CAW-93-549, IEB-88-008, IEB-88-8, NUDOCS 9312070061 | |
| Download: ML20058E572 (7) | |
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Westinghouse Energy Systems Bm 355 Electric Corporation nnsugn=*ania m30 0355 November 23,1993 CAW-93-549
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Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 l
Attention: Dr. Thomas Murley, Director i
APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
WCAP-12598 Supplement 1, "NRC Bulletin 88-08 Evaluation of Auxiliary Piping for South Texas Project Units 1 & 2" (Proprietary)
Dear Dr. Murley:
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The proprietary information for which withholding is being requested in the above-referenced letter is further i
identified in Affidavit CAW-93-549 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
- l considerations listed in paragraph (b)(4) of 10 CFR Section 2.790 of the Commission's regulations.
l Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Houston Lighting & Power i
Company.
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Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-93-549, and should be addressed to the undersigned.
Very truly yours, f
J N. J. L par o ar Enclosures Nuclear Safety & Regulatory Activities cc: K. Bohrer/NRC (12H5)
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CAW-93-549
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AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Henry A. Sepp, who, being by me i
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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Henry A.(Sepp, Manager
/ 8N Strategic Licensing issues Sworn to and subscribed l
before me this 23 day of 92etAeu4/M
,1993 Nf.
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Notary Publie l
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-. CAW-93-549 -
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(1)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.
j (2)
I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the i
Commission's regulations and in conjunction with the Westinghouse application for l
withholding accompanying this Affidavit.
(3)
I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy i
i Systems Business Unit in designating intbrmation as a trade secret, privileged or as
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confidential commercial or financial information.
l (4)
Pursuant to the provisiens of paragraph th)(4) of Section 2.790 of the Commission's regulations, the ibilowing is furnished fbr consideration by the Commission in determining f
whether the intbrmation sought to be withheld from public disclosure should be withheld.
l (i)
The intbrmation sought to be withheld from public disclosure is owned and has been i
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 determmmg j
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 in one or more of several types, the release of which might result in the loss of an existing or potential
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competitive advantage, as follows:
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. CAW-93-549
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(a)
. The information reveals the distinguishing aspects of a process (or component,
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structure, tool, method, etc.) where prevention of its use by any of
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Westinghouse's competitors without license from Westinghouse constitutes a t
competitive economic advantage over other companies.
j (b)
It consists of supporting data, including test data, relative to a process (or j
component, structure, tool, method, etc.), the application of which ' data j
i secures a competitive economic advantage, e.g., by optimization or improved marketability.
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(c)
Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufactree, shipment, installation,.
assurance of quality, or licensing a similar product, f
i (d)
It reveals cost or price information, production capacities, budget levels, or.
l commercial strategies of Westinghouse, its customers or suppliers.
1
.i (e)
It reveals aspects of past, present, or future Westinghouse or customer funded i
development plans and programs of potential commercial value to Westinghouse.
j (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
- ompetitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
(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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! CAW-93-549 j
i (c)
Use by our competitor would put Westinghouse at a 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 valuable as the total competitive advantage. If competitors acquire components of proprietary information, any l
one component may be the key to the entire puzzle, thereby depriving l
Westinghouse of a competitive advantage.
t (e)
Unrestricted disclosure would jeopardize the position of prominence of
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Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.
i (f)
The Westinghouse capacity to invest corporate assets in research and 6
development depends upon the success in obtaining and maintaining a competitive advantage.
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(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.
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(iv)
The information sought to be protected is not available in public sources or available j
information has not been previously employed in the same original manner or method to the best of our knowledge and belief.
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(v)
The proprietary information sought to be withheld in this submittal is that which is appropriately marked in "NRC Bulletin 88-08 Evaluation of Auxiliary Piping for f
South Texas Project Units 1 and 2, WCAP-12598, Supplement I (Proprietary),
I November,1993 for SouthTexas Project Units I and 2, being transmitted by the Houston Lighting and Power Company (HL&P) letter and Application for Withholding Proprietary Information from Public Disclosure, to Document Control Desk, Attention Dr. Thomas Murley. The proprietary inforrnation as submitted for use by Houston Lighting and Power Company for the South Texas Project j
Units 1 & 2 is expected to be applicable in other licensee submittals in response to i
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c." CAW-93-549 certain NRC requirements for justification of requirements imposed by NRC Bulletin 88-08.
i This information is part of that which will enable Westinghouse to:
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(a)
Provide documentation of the analyses and methodology used in the evaluation of the potential thermal stratification and cycling resulting from isolation valve
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in leakage to the RCS.
(b)
Establish revised bounding transients based on plant monitoring data and l
l Westinghouse programs.
j (c)
Demonstrate the structural integrity of the subject auxiliary lines.
1 (d)
Assist the customer in obtaining NRC approval.
l Further this information has substantial commercial value as follows:
i (a)
Westinghouse plans to sell the use of similar information to its customers for i
purposes of also demonstrating satisfaction of the NRC Bulletin.
(b)
Westinghouse can sell support and defense of the technology to its customers i
in the beensmg process.
t 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 l
competitors to provide similar analytical 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 r
requirements for licensing documentation without purchasing the right to use the information.
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, CAW-93-549 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 performed and a significant manpower effort.
having the requisite talent and experience, would have to be expended for testing and developing analytical methods.
Further the deponent sayeth not.
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