ML20059E060

Requests That Proprietary Suppl 3 to WCAP-12093, Evaluation of Pressurizer Surge Line Transients Exceeding 320 F for Beaver Valley Unit 2, Be Withheld Per 10CFR2.790(b)(4)

ML20059E060
Person / Time
Site:	Beaver Valley
Issue date:	08/07/1990
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19302E171	List: ML20059E057 ML20059E060 ML20059E064
References
CAW-90-058, CAW-90-58, NUDOCS 9009100014
Download: ML20059E060 (11)

Text

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4 Westinghouse Energy Systems L Box 355 -

Electric Corporation Pittsburgh Pennsywania 15?30-0355 l

August 7,-1990 CAW-90-058 Document Control Desk j US Nuclear Regulatory Commission  ;

Washington, DC 20555 ,

Attention: Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE =l

Subject:

Transmittal ~ of WCAP-12093, Supplement 3 Daar Dr. Murley:

The proprietary information for which withholding is being. requested in the  !

-above-referenced letter is further-identified in Affidavit CAW-90-058 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 considerationsLlisted in paragraph -(b)(4) of 10 CFR Section 2.790 of the Commission's regulations.

Accordingly, this letter authorizes the "+.ilization of the accompanying Affidavit by Duquesne Light Company, i'

Correspondence with respect to the proprietary aspects of the~ application for withholding or the Westinghouse-affidavit should reference this letter, CAW-90-058, and should be addressed to the undersigned.

Ver truly yours, ll4GA (AtC&

Ro ert A. Wiesemann, Manager Enclosures Regulatory & Legislative Affairs- ,

cc: C. M. Holzle, Esq.

Office of the General Counsel, NRC i

9009100014 900810 DR ADOCK0500g2 ,

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Proprietary Information Notice P 4 Transmitted herewith are proprietary and/or non-proprietary versions of documents furnished to the NRC.in connection _with requests for generic and/or plant-specific review and approval.

In order to conform to the requirements of 10 CFR 2.790 of the Commission's  !

regulations concerning the protection of proprietary 'information so submitted I to the NRC, the information which is proprietary in the proprietary versions is contained within brackets and where the proprietary information has beer, 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 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 following the brackets enclosing each item of information being i identified as proprietary or in the margin opposite such infm. Ttion. 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)-of the affidavit accompanying this-transmittal pursuant to 10 CFR 2.790(b)(1).

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Copyright Notice The reports transmitted herewith each bear a Westinghouse copyright notice.

The NRC is permitted to make the number of copies of'tha information contained  !

in these reports which are necessary for _its internal use in connection with generic and plant-specific reviews ano approvals as well as the issuance, ,;

denial, amendment, transfer, renewal, modification, suspension, revocation, or

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violatibn of a license, permit, order, or regulation subject to the I requirements of 10 CFR 2.790 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, j copyright protection not withstanding. -With respect to the non-preprietary versions of these reports, the NRC is permitted to make the number of copies beyond those necessary for its internal use which are necessary in order to have one copy available for public viewing-in the appropriate docket files in the public document room in Washington, DC and in local public document-rooms as may be required by NRC regulations if the number of copies submitted is- i insufficient for this purpose. The NRC-is not authorized to make copies for the personal use 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 all instances and the proprietary notice if the original was identified as proprietary.

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CAW-90 058 i

AFFIDAVIT COMMONWEALTH Of PENN5YLVANIA:

ss COUNTY OF ALLEGHENY:

Before me,'the undersigned authority, personally appeared Robert A. Wiesemann, who, being by me duly sworn according to law, 1

deposes and says that he is authorized to execute this Affidavit on behalf or 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:

tbtl 1/U!Allfldi Robert A. Wiesemann, Manager

Regulatory and legislative Affcirs t l

Sworn to and subscribed-before me this M day of , 1990.

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Notary Public l 1

NOTARIAL LEAL I l

LoRRAINE M PIPLCA. NOTARY PUBLC LoNROEVILLE 80Ao, ALLEGHENY COUNTY MYCoMM:S$loN EXPtRES DEC.14. IrJ1 Member PennsyNane Asso:stonolNe'v!cs

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CAW-90-058 (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 apply for its withholding on behalf of the Westir.ghouse Energy Systems Business Unit.

(2). I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in conjunction with the Westinghouse application for withholding acccmpanying 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.

1 (4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the l 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 Westingh .se.

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~3- CAW 90 058 (ii) The information is of a type customarily hvid in confidence by Westinghouse and not customarily disclosed to the public.

Westinghouse has a rational basis for determining the types of i information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold I certain types of information in confidence. The application of that I system and the substance of that system constitutes Westinghouse l

policy and provides the rational basis required.

Under that system, informativn is held in confidence if it falls in i one or more of several types, the release of which might result in the j loss of an existing or potential competitive advantage, as follows:

(a) The information reveals the distinguishing aspects of a process (orcomponent, structure, tool, method,etc.)-whereprevention.. '

its use by any of Westinghouse's competitors without license from [

Westinghouse constitutes a competitive economic advantage over other companies, j (b) It consists of supporting data, incluo!ng 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.

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CAW-90-058 (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. I (d)

It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or sup911ers.

(e)

It revealt a',pects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

( f)

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

( (g)

It is 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:

(a)

The use of such information by Westinghouse gives Westingheyse a competitive advantage over its competitors, it is, therefore, --

withheld from disclosure to protect the Westinghouse competitive position.

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.o CAW-90-058 (b) It is information which is marketable in many ways. The extent to which such information is available to competitors diminishes tre 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 pu_zle, thereby depriving Westinghouse of a competitive advantage.

(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.

(f) The Westinghouse capacity to invest corporate assets in research and developme.nt depends upon the success in obtaining and maintaining a competitive advantage.

CAW-90-058 (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 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 " Evaluation of Pressurizer Surge Line transients Exceeding 3200 F for Beaver l Valley Unit 2", WCAP 12093, Supplement 3 (Proprietary), being l transmitted by the Duquesne Light Company (DLCo) letter and Application for Witnnolding Proprietary Information from Public  ;

Disclosure, J. D. Sieber, Vice President, Nuclear Group 2, to NRC Document Control Desk, attention Dr. Thomas Murley, August,1990.

The proprietary information as submitted for use by Duquesne Light Company for Beaver Valley Unit 2 is expected to be applicable in other licensing submittals in response to certain NRC requirements for justification of pressurizer surge line  !

E transients.

CAW-90 058 This information is part or that which will enable Westinghouse to:

(a) Provide documentation of the analyses and methodology used in the evaluation of the thermal stratification phenomenon.

(b) Establish revised design transients for the pressurizer surge line based on plant monitoring data and Westin9nouse test programs.

(c) Demonstrate the structui.i integrity of the prersurizer surge line for the 40 year design life, and the .

acceptability of fatigue crack growth, under t:9rmal

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stratification conditions.

I (d) Assist the customer in obtaining NRC approval.

Further this information has substantial commercial value as follows:

(a) Westinghouse plans to sell the use of similar information to its customers for purposes of demonstrating adequate design life for pressurizer surge lines.

(b) Westinghouse can sell support and defense of the technology to its customers in the licensing process.

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l Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of l Westinghouse because it would enhance the ability of competitors j 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 requirements for licensing documentation without purchasing the right to use the information, j 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 b 2 expended for-the )

l development, verification, and licensing of adequate methods for  ;

evaluation of this phenomenon.

Further the deponent sayeth not. j i i l i i

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