ML20062F968

Requests Withholding of Background & Technical Basis: Handbook on Flaw Evaluation for Farley Units 1 & 2 Main Coolant Sys & Components, from Public Disclosure

ML20062F968
Person / Time
Site:	Farley, McGuire
Issue date:	11/16/1990
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19310C929	List: ML20062F957 ML20062F967 ML20062F968 ML20062F976 ML20062F978
References
CAW-90-092, CAW-90-92, NUDOCS 9011280292
Download: ML20062F968 (11)

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Nuclear and Advanced Westinghouse Energy Systems

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Electric Corporation Box 355 Pittsburgh Pennsylvania 15230-0355 liovember 16, 1990 t i

CAW-90-092 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555

. Attention

Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY JHFORMATION FROM PUBLIC DISCLOSURE

Subject:

" Background and Technical Basis: Handbook on Flaw Evaluation for the Farley Units 1 & 2 Main Coolant System and Components'.'

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the above-referenced letter is further identified in Affidavit _ CAW-90-092 signed by the owner of the proprietary information, Westinghouse Electric Corporation.

l The affidavit, which accompanies this letter, sets forth the basis on.which the ,

information may be withheld from public disclosure by the Commission and l

addresses with specificity the considerations listed in paragraph (b)(4) of 10- i CFR Section 2.790 of the Commission's regulations.

Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Alabama Power Company.

, Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-90-092, and should be addressed to the undersigned. ,

Ver truly'yours,-

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1 ikl#461414 i F, ber( , iesemann, Manager-Enclosures Regulatory & Legislative Affairs cc: C. M. Holzle, Esq.

Office of the General Counsel, NRC ,

9010 h '

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CAW-90-092 l AFFIDAVII ,

COMMONWEALTH OF PENNSYLVANIA:- J ss 1

l COUNTY OF ALLEGHENY:

l Before me, the undersigned authority, personally appeared ,

Robert A. Wiesemann, who, being'by me duly sworn accoring to law,-

deposes and'says that he is authorized to execute this ifidavit 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:- t 1 .

Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this /b 4 day

. o f 7/ nun /v>, 1990.

r, t(L l' i b $Y ,

Notary Public -

NOTARIAL SEAL

. LoRRA NE M. P PLCA, NOTARY PUBLC MCNROEVILLE BoAo, ALLEGHENY COUNTY MY COMM:SSCH EXPIRES DEc.14 -1FJ1 Member PemsyNa4 Associa5cnof Notanes

CAW 90-092 -I j

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i (1) I' am Manager, Regulatory and Legislative Affairs, in the Nuclear

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and Advanced Technology Division, of the Westinghouse Elect'ric Corporation and as such, I have been specifically delegated the function.of reviewing N the proprietary information sought to'be withheld from public disclosure.in 1 connection with nuclear power plant licensing and rule aking proceedings, y and am authorized to apply fortits withholding on ' behalf of.the.

Westinghouse Energy Systems Business-Unit. l

,4 (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 byl the.

Westinghouse Energy Systems Business Un_it-in' designating information as.a <

trade secret, privileged or as confidential 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 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 Westinghou'se.

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l CAW-90 092 (ii) The information is of a-type' customarily held in confidence by j Westinghouse and not customarily disclosed to the public. I Westinghouse.has a rational basis.for determining the types of l information customarily held in-confidence by it:and, in that .l connection,> utilizes'a system-to determine when and whether to hold  ;

certain types'of information in confidence. The application of that:

system ano the substance of that system constitutes Westihghouse 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: i 1

(a) The information reveals the distinguishing aspects of a process

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(or component, structure,'tooi; 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.

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CAW 90-092 (c) Its use by a competitor would reduce his expenditure of' resources or improve his competitive positiori in the design, manufacture, shipment, installation, assurance of quality, or- t licensing a similar product.  ;

(d) It reveals cost or price information, production capacities, ,

budget levels, or commercial strategies of Westinghouse, ith 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 i desirable, j

(g) It'is not'the property of Westinghouse, but must be-treated as proprietary by Westinghouse according to agreements with the j owner.

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.

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CAW-90 092-(b) It is information which is marketable in many ways. The extent to which such information is available to competitors diminishe's the Westinghouse ability to sell products and services involving-the use of the information.

(c) Use by our competitor would pu't 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 totil competitive advantage. If competitors acquire-components of proprietary informatien, any one component may be the key to theLentire: puzzle, thereby depriving Westinghouse of a competitive advantage'.

(e) Unrestricted disclosure would jeopardize the position of.

prominence of Westinghouse in the world market, Land 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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CAW-90-092 l

t (iii) The information is being transmitted to the Commission in confidence and, under the-provisions of 10CFR Section 2.790, it =1 is to be received in confidence by the Commission.

1 (iv) The information sought to tie protected is not available in public sources or available. information has not been previously.

employed in the same original manner or method to the tiest of.

our knowledge and belief.

3 (v) The proprietary information sought to be withheld in this submittal 'is that 'which is, appropriately marked in ~ " Background and Technical Basis: Handbook on Flow' Evaluation for the Farley Units 1 & 2 Main. Coolant System and Components" for Joseph M.

Farley Units 1 &2, WCAP-12211, (Proprietary) .being transmitted by the Alabama Power Company (APCo) letter and Application for Withholding Proprietary Information from Public Disclosure, 3 Mr. W. G. Hairston III, APCo, to Document Control Desk, l attention Dr. Thomas Murley, November,1990. The proprietary

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information as submitted for use by Alabama Power' Company for Joseph M Farley Units 1 & 2 is expected to be applicable.in other licensee submittals in. response to certain NRC requirements for flaw evaluations'in main. coolant system and components.

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U CAW-90-092 i

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

i Provide documentation of the methods for evaluation of I (a) indications during ISI'of_ Farley main coolant components.

(b) Establish applicable acceptance' criteria.

(c) Summarize the primary system transients and_ material properties.

(d) Establish analysis-methodology far fatigue crack growth. ,

(e) Assist the custome'r to obtain NRC approval.

Further this information has substantial commercial value: as follows:-

(a) Westinghouse plans to sell the use of similar information a to its customers for purposes of meeting NRC requirements for licensing documentation.

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

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CAW-90-092- j Public disclosure of this proprietary information is likely to i cause substantial harm to the competitive position of -l Westinghouse because it would enhance the ability-of competitors  ;

to provide similar methodology and licensing defense services q for commercial power reactors without commensurate expenses, j

Also, public disclosure of thel information would enable others j to use the'information to meet lNRC requirements for licensing doct' mentation without purchasing the right to use the information.

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 developing testing and analytical. methods'and performing tests.

Further the deponent sayeth not.

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b Proprietary Information Notice I

Transmitted herewith are proprietary and/or non-proprietary versions.of-documents furnished to'the NRC in connection with requests for generic and/or ,

l plant-specific review and approval.

I In order to conform to the requirements of l'0 CFR 2.790 of 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 '

'l contained within brackets and where the proprietary information has been 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, I having been deleted. _The justification for claiming thc 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 identified as proprietary or in the 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)-through'(4)(ii)(g) oflthe affidavit accompanying this transmittal pursucnt to 10 CFR 2.790(b)(1).

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Copyright Notice l l l .

The reports transmitted herewith each bear a. Westinghouse copyright notice.- l The NRC.is permitted to make the number of copies of the information contained in these reports which are nacessary for its internal use in connection with

. generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modif.ication, 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 l extent'such information has been _ identified as proprietary by Westinghouse, copyright. protection not withstanding, 'With respect to the non-proprietaryy 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 regt. ired 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 memt.ers of'the public who. make1use of the NRC public document rooms. Copies made by the NRC must include the copyright notice in all instances and the proprietary notice i.f the original was identified as proprietary.

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