ML20066E495
| ML20066E495 | |
| Person / Time | |
|---|---|
| Site: | Farley  |
| Issue date: | 12/11/1990 |
| From: | Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19310E511 | List: |
| References | |
| CAW-90-098, CAW-90-98, NUDOCS 9101220051 | |
| Download: ML20066E495 (11) | |
Text
__
\\
w i
't Westinghouse Ect gy Systems N'*****8""$
I Electric Corporation i
Btm 355 P:tsbegn Penmytoma 151'30 0355 Licember 11. 1990 C G 90 098 i
l I
Document Control Desk l
US Nuclear Regulatory Commission i
Washington, DC 20555 Attention: Dr.1 Thomas Hurley,' Director APPLICATION FOR WITHHOLDING PROPRIETARY
[
.INFORMATION FROM PUBLIC DISCt.0SURE
Subject:
" Steam Generator Tube Plugging Limits Presentation Materials
Dear. Dr. Murley:
is being requested in the The proprietary information for which withholding'ffidavit CAW 90 098 signed by above referenced letter is-further identified-in A 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 i
addresses with specificity the considerations listed in paragraph (b)(4) of 10 CFR Section 2.790 of the Commission's-regulations.
According1by,AlabamaPowerCompany.this letter authorizes the utilization of.the a Affidavit Correspondence with respect to the proprietary aspects of the application for.
withholding or the Westinghouse affidavit should reference this letter, CAW 90 098, and should be addressed to the undersigned.
Very truly yours, g-R' P. DiPiazza, He r
-i
-Enclosures Operating Plant Licensing Support C. M. Holzle, Esq.
cc:_ Office of the General Counsel, NRC g
9101220051 93ogo7 ADOCK 05000348
^
PDR c
PDR-
~.
g
Proprietary Information Notice 1
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 to the NRC, the informaticn that was contained within brackets and where the proprietary information has been deleted in the non proprietary versions only l
the brackets remain, the information that was contained within the brackets in the proprietary versions having been deleted.
The justification for claiming l
the information so designated as proprietary is indicated in both versions by means of lower case letters (a) through (g) contained within parentheses i
located as a superscript immediately following the brackets enciosing 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) l through (4)(ii)(g) of the affidavit accompanying this transmittal pursuant to 10 CFR 2.790(b)(1).
l I
1 I
j i
i CAW 90 098 e
l' AFFIDAVIT.
p l
I COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
i 4
- Before me, the undersigned authority, personally appeared Ronald P. DiPiazza, who, being by. 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, information, and belief:
. /l b.ra$f / 4/crun Ronald.P.DiPlazza, Man [h2 L
l Operating Plant Licensing Support.
Sworn to and subscribed befgre me.this /# day ofd/Mn/ud,1990.
.dahMLhlfMb n 7
Notary Public -
pmworenta,tu.' IVAc w
?$ 0 N i ln n,' - - m m e
..:~.m..
, _.,. _ _..,. -,_ ;-.... _.- c _
. ;~,.,-.
l
- CAW 90 098 j.
l (1)
I am Manager, Operating Plant Licensing Support, in the Nuclear and-Advanced Technology Division, of the Westinghouse Electric' Corporation and s
j 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, i
and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems Business Unit.
i (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 applicstion for withholding accompanying this Affidavit.
l (3)
I have personal knowledge.of the criteria and procedures utilized by the
. estinghouse Energy. Systems Business Unit in designating information as a W
l 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'detennining whether the information sought to be-withheld from public ' disclosure should be withheld.
i (i) The information sought to~be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
l r
l 1
i
?
m.-,._,
l i
I
- CAW-90 098 i
d i
(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 the types of 1
information customarily held in confidence by it and, in that 3
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.
Under that system, information is held in confidence if it falls in e
one or more of several types, the release of which might result in the loss of an existing or potential competitive' advantage, as i
follows:
(a) The information reveals the distinguishing aspects of a process (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.
l (b)
It c ~ nsists 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 optimitation or improved marketability.
L l
_a._,,,
I
.4 f CAW-90 098 (c)
Its use by a competitor would reduce his expenditure of l
resources-or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or f_
licensing a similar product.
(d)
It reveals cost _or: price information,. production capacities, p
budget levels,.or commercial strategies of Westi.nghouse, its customers or suppliers.
(e)
It reveals aspects or past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse, i
(f)
It contains patentable 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.
i
. There are sound policy reasons behind.the Westinghouse system which 1
include the following:-
L (a) The use-of s.uch information' by Westinghouse gives Westinghouse a competitive advantage over its competitors.
It is, therefore, withheld:from disclosure to protect the Westinghouse competitive position.
r 6
1 Y
1
.l'
~._,_ _ _.
-..... _.~..,.
,,._____-,_,._,m...
l l
5-cry.go.ogg (b)
It -is information which is marketable in many ways..The extent to which such information is available to competitors diminishes l
the Westinghouse ability.to sell products and services involving the use of the information'.
L
' (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 1
the key to the entire puzzle, 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...
L (f) The Westinghouse capacity to invest corporate assets in research i
and development depends upon the success. in obtaining and maintaining a competitive advantage.
1.
1 l
l.
.i...-.,--..,.m
. _, ~...
~,
i 6-CAW 90 098 (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.
L (v)
The proprietary information sought to be withheld in this submittal is that which is appropriately marked in " Steam Generator Tube Plugging Limits Presentation Materials" for Joseph M. Farley Units 1-and 2 WCAP 12803, (Proprietary) oeing transmitted by the Alabama Power Company (APCo) letter and Application for Withholding Proprietary'Information from Public j
Disclosure, Mr. W. G. llairston III, APCo, to Document Control Desk, attention Dr. Thomas Hurley, August,1990.
The l
proprietary information as submitted for use'by Alabama Power Company for Joseph M. Farley Units 1 and 2 is expected to be applicable in other. licensee.submittals in response to certain NRC requirements for justification of use of alternato plugging
(
criteria in steam generator tubes.
e L
.q
. CAW 90-098 This information is part or. that which wil'1 enable-Westinghouse to:
(a)- Provide documentation of the methods for alternate steam generator plugging criteria ofl steam generator tubes.
l (b)
Establish. applicable leak rt.te limits.
(c)
Establish.the' applicability to the Farley Units.
(d) Establish specific' steam generator plugging criteria.
(e) Assist the' customer-to obtain'NRC approval'.-
Further this information has. substantial commercial value as follows:
4 (a) Westinghouse plans to sell the use of similar information:
1 to its. customers for purposes of-meeting NRC requireisents for licensing documentation.
.(b) Westinghouse can sell support and defense of the technology to its customers in the licensing process.-
J:
._ -..._ ~...
1 8-CAW-90-098--
l 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. competitors to provide-similar steam generator information and licensing defense services' for consnercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet 1
NRC requirements-for ' licensing documentation without-purchasing the right to use the information.
The development of the technology described in part by-the.
informatun 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 l
information, similar technical programs would have-to be l
per#'rmed and a-significant manpower effo'rt, 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.
C Copyright Notice The reports transmitted herewith each bear a Westinghouse _ copyright notico.
The NRC is permitted to make-the number _of copies of the information contained 4
in these reports which are necessary for-its internal use in connection with generic and plant-specific reviews and approvals as-well as theLissuance, denial, amendment, transfer, renewal,- modification, suspension, revocation,.or violation of-a-license, permit, order, or regulation subject to-the-requirements of 10 CFR 2.790Lregarding 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 1
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, 'OC and Lin 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' cocument 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.
1
....... _