ML20062D599
| ML20062D599 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 08/02/1990 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19310C854 | List: |
| References | |
| CAW-90-060, CAW-90-60, IEB-88-008, IEB-88-8, NUDOCS 9011130411 | |
| Download: ML20062D599 (11) | |
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Westinghouse Energy Systems en m Electric Corporation
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August 2 1990 CAW 90 060 i
Document Control Oesk US Nuclear Regulatory Commission i
Washington, DC 20555 Attention:
Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY I
INFORMATION FROM PUBLIC DISCLOSURE l
Subject:
Transmittal of WCAP-12598 f
Dear Dr. Murley:
The proprietary information for which withholding is being requested in the above-referenced letter is further identified in Affidavit CAW 90 060 signed by i
the owner of the proprietary information, Westinghouse Electric Corporations 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 Houstor Light & Power Company.
Correspondence with respect to the proprietary aspects of the application for i
t withholding or the Westinghouse affidavit should reference this lettar, t
l CAW-90 060, and should be addressed to the. undersigned.
Very truly yours, 1
~ 1 ARis o ett X W e emann,'TanagY Enclosures Regulatory & Legislative Affairs t
cc:
C. M. Holzle, Esq.
Office of the General Counsel, NRC l
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CAW.90 060 t
i AFFIDAVIT i
l COMMONWEALTH OF PENNSYLVANIA:
ss COVNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared l
Robert A. Wiesemann, who, being by me duly sworn according to law, deposes and says that he is authorized tr execute this Affidavit on behalf of Westir.ghouse Electric Corpori.cion (" Westinghouse") and that the averments of fact set forth in +!ils Affidavit are true and correct to the best of his knowledge, information, and belief:
LQ.A.$t1AM Robert A..Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this M day j
of Ae'*
- 1990, a
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4N Notary Public NOTAAAL SEAL LO44ANE M PiPLCA,NOTAAf PUBLC MON 40EY!LL! B0A0. ALLEGHENYCOUNTY MY COMM:ssCN EXP$ts CEO 14.1Mt Moete. Pomstvaw Assocagn ;f Neum
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(1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear
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and Advanced Technology Division, of.the Westinghouse Electric. corporation and as such, I have been specf fically 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 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 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 t
trade secret, privileged or as confidential commercial or financial information.
I (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.
(1) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
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- CAW.90-060 l
1 (ii) The information is of a type customarily held in confidence by
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Westinghouse and not customarily disclosed to the public.
Westinghouse has a rational basis for determining the types of j
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 i
policy and provides the rational basis required.
i Under that system,-information is held in confidence if it falls in i
one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage, as follows4 l
(a)
The information reveals the distinguishing aspects of a proces's (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.
t (b)
It consists of supporting dats, including test data, relative to
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aprocess(orcomponent, structure, tool, method,etc.),the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability, i
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4-CAW 90-060 (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-i similar product.
(d)
It reveals cost or price:information, production capacities,_
budget levels, or commercial-strategies of Westinghouse, its
.I cu.*tomers or suppliers.
(e)
It reveals aspects of past, present, or-future Westinghouse or customer funded development plans and programs-of potential j
commercial value to Westinghouse.
(f)
Itcontainspatentableideas,for.whichpatebtprote'ctionmaybe i
desirable.
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(g)
It is not the property of Westinghouse, but must be-treated as i
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 West'ingh'ouse-gives_' Westinghouse a competitive, advantage over its competitors.
it is,-therefore withheld from disclosure to. protect the Westinghouse competitive position.
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5-CAW 90 060' l
(b)
It is_information which is marketable in many ways.
The extent i
to which such information.is available to competitors diminishes the Westinghouse ability to sell products and servicestinvolving the use of the information.
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(c) Use by our competitor would put Westinghouse at a competitive-1 disadvantage'by reducing.his expenditure of resources at our expense.
(d')
Eichcomponentof:proprietaryinformationpertinenttoa-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 puzzle,.thereby depriving Wsstinghouse~df a i
competitive advantage.
(e)
Unrestricted disclosure would jeopardize-the' position of prominence of Westinghouse in _the world market,l and thereby 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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l (iii)
The inforraation 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.
t (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 "NRC Bulletin 88-08 Evaluation of Auxiliary ~ Piping of South Texas Projects Units 1 and 2", WCAP-12598, -(Proprietary), for South-Texas Projects Units 1~ and 2,. being transmitted by the Houston Lighting and Power Company (HL&P) letter and Application for Withholding Proprietary Information from Public Disclosure, M. A.'McBurnett, HL&P, to the attention of Dr. Thomas-Murley, Director Office of NRC, to the Document Control Desk, August, 1990. -The proprietary-information as submitted-for use by Houston Lighting and Power-Company for th South Texas Project' is expected to be applicable in other licensee.submittals in response to certain NRC.
requirements for justification of requirements imposed by NRC l
Bulletin 88 08.
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_ CAW-90 060~
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This information is part or that which,will enable i
L 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 in leakage.to the RCS..
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Establish revised bounding _ transients' based on plant monitoring data and Westinghouse programs.
(c) Demonstrate.the structural integrity of the subject i
auxiliary lines.
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t (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 1for purposes; of. also demonstrating satisfaction of the NRC Bulletin.
(b) Westinghouse can sell support and defense of the technology to its customers in the licensing process.
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Public disclosure of this proprietary information is likely to cause substantial. harm to the competitive position of t
Wes,inghouse because it would enhance the ability of competitors to provide similar analytical documentation and licensing defense services for; commercial power reactors without commensurate expenses.-- Also, public disclosure-of-i the information would enable others to use the information-to meet NRC requirements for licensing documentation without purchasing the right.to use the information.
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The development of.the techrology described in part by the
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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-t l
information, similar technical programs would have to be I
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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PROPRIETARY INFORMATION NOTICE
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c TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R NON PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/0R PLANT SPECIFIC REVIEW.AND APPROVAL.
IN ORDER TO CONFORM TO THE REQUIREMENTS OF-10CFR 2.790 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 l
DELETED IN THE NON-PROPRIETARY' VERSIONS.0N THE BRACKETS REMAIN, THE INFORMATION :
THAT WAS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATICN 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 !N BOTH: VERSIONS BY MEANS OF LOWER CASE LETTERS (a) THROUGH (g)' CONTAINED WITHIN PARENTHESES LOCATED AS A SU." RSCRIPT.
IMMEDIATELY FOLLOWING THE BRACKETS ENCLOSING lEACH ITEM'0F INFORMATION'BEING, IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE-SUCH INFORMATION.
THESE i
LOWER CASE LETTERS REFER TO THE TYPES 0F INFORMATION WESTINGHOUSE CUSTOMARILY-
.HOLOS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) THROUGH (4)(ii)(g) 0F THE l
AFFIDAVIT ACCOMPANYING THIS~ TRANSMITTAL-PURSUANT TO 10CFR2.790(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 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.not withstanding.
With respect to the non-proprietary 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 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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