ML20066L006
| ML20066L006 | |
| Person / Time | |
|---|---|
| Site: | Sequoyah  |
| Issue date: | 12/28/1990 |
| From: | Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML080650640 | List: |
| References | |
| CAW-90-113, NUDOCS 9102060200 | |
| Download: ML20066L006 (10) | |
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Westinghouse Energy Systems gg,yy Electric Corporation ea m htt:$wgt FvmsyNau ll2TJ 035!
December 28, 1990 CAW 90-ll3 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM P4BLIC DISCLOSURE
Subject:
Technical Justification for Eliminating Pressurizer Surge Line Rupture as the Structural Design Basis for Sequoyah Units 1 and 2
Dear Dr. Murley:
The proprietary information for which withholding is being requested in the above-referenced letter is further identified in Affidavit CAW 90-Il3 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 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 Tennessee Valley Authority.
Correspondence with respect to the proprietary aspr. cts of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-90-ll3, and should be addressed to the undersigned.
Very truly yours, l
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Ronald P. DiPlazza, Manager Enclosures Operating Plant Licensing Support cc:
C. M. Holzle Esq.
Office of the General Counsel, NRC l
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CAW 90-Il3 AFFIDAVIT COMMONWEALTH Of PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
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:
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rH Ronald P. DiPiazza, Manager Operating Plant Licensing Support Sworn to and subscribed before me this lD day of iYhuw,199p'/
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Q%St.bl. l2'IO 1e Notary Public NOTAAlAL $[N.
LoRAA!NE M PIPLCA, NOTARY PUBLic M24R0iVLLE BORO. ALLEGHENY COUNTY MY COM*Ss10N EXPAE5 0E0 14,1M1 Memw, PemsyNass 8 scut-
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2-CAW 90 ll3 (1) I am Manager, Operating Plant Licensing Support, 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 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 appilcation 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 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 Westinghouse.
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(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 information customarily held in confidence by it and, in that i
connection, utilizes a system to determine when and whether to hold certain typet of information in confidence.
The application of that system and the substance of th;t system constitutes Westinghouse 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 9f an existing lor potential competitive advantage, as 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 auvantage over other companies.
(b)
It consists of supporting data, including test data, relative to aprocess(orcomponent, 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 ll3 (c)
I'ss 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.
(d)
It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its 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 desirable.
(g)
It it 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 i
-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 L
position.
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_ CAW-90-ll3 i
l (b)
It is information which is marketable in many ways. The extent to which suc'i information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.
(c) Use by our competitor would put Westinghouse at a competitive i
disadvahtage by reducing his expenditure of resources at our expent:e.
(d)
Ear.h wmoonent of pr'prietary information pertinens to a particulhe ros Jetitive 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 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 capa. city 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 ll3 (iii)
The information is being transmitted to the Commission in confidence and, under the provisions of 10CFR
. tion 2.790, it is to be received in confidence by the Commi' (iv)
The infarmation sought to be protected is not available in public sourcr.s or available information has not been previously employed in the same original manner or method to the best of our know: ledge and belief.
(v)
The proprietary information sought to be withheld in this submittal is that which is appropriately marked in " Technical Justification for Eliminating Pressurizer Surge Line Rupture as the Structural Design Basis for Sequoyah Units 1 and 2",
WCAP-12775 (Proprietary) and WCAP-12776 (Ncn-Proprietary), being transmitted by the Tennessee Valley Authority letter and Application for Withholding Proprietary Information from Public Disclosure, R. L. Gridley, Manager Regulation and Safety, to NRC Document Control Desk, Attention Dr. Thomas Hurley, January, 1991.
This information is part of that which will enable Westinghouse to:
(a)
Provide documentation of the analyses and methodology used in the evaluation of the leak before break technology to certain class 1 piping.
(b)
Establish revised design criteria to provide justification for eliminating the postulation of pipe breaks.
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s CAW-90-ll3 (c)
Demonstrate the structural integrity of the pressurizer surge line for the 40 year design 11fe, under leak before break technology.
(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.
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 documentation and licensing defense services for commercial power reactors vilthout 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 I
information.
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. CAW-90-ll3 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 the developing, testing and analytical methods.
Further the depone-c sayeth not.
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7 ENCE.OSURE S Commitments 1.
TVA will modl.fy each unit's pressurizer surge line to ensure compliance l
with its design plant life before exceeding 11 heatup-cooldown cycles.
TVA currently plans to perform these modifications during each unit's i
J Cycle 5 refueling outage.
2.
TVA will continue monitoring heatup and cooldown cycles to ensure NRC notification if nine cycles are reached on either unit before implementing.
the modifications.
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