ML20070D169

Requests That WCAP-12871, Jm Farley Units 1 & 2 SG Tube Plugging Criteria for Outer Diameter Stress Corrosion Cracking at Tube Support Plates Be Withheld (Ref 10CFR2.790)

ML20070D169
Person / Time
Site:	Farley
Issue date:	02/21/1991
From:	Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19310D228	List: ML20070D135 ML20070D169
References
CAW-91-130, NUDOCS 9102280135
Download: ML20070D169 (9)

Text

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Westinghouse Electric Corporation Energy Systems Q3lyy,, ,,,y February 21, 1991 CAW-91-130 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

J. M. Farley Units 1 and 2 SG Tube Plugging Criteria for ODSCC at Tube Support Plates (WCAP-12871)

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the above-referenced letter is further identified in Affidavit CAW-91-130 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 Alabama Power Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-91-130, and should be addressed to the undersigned.

Very truly yours, f/)M f, V

. P. Di lazza, Mana Enclosures Operating Plant Licensing Support cc: M. P. Siemien, Esq.

Office of the General Counsel, NRC 0018J:RJM/022091 2 9102280135 910226 PDR ADOCK 05000348 P PDR

CAW 91-130 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

l Before me, the undersigned authority, personally appeared l 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 th' Affidavit are true and correct to the best of his knowledge, information, and belief:

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l MonaldP.DiPiazza,Manahh I

Operating Plant Licensing Support Sworn to and subscribed before me this Z? day of Ye/nu m , 1991, d

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CAW-91-130 (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 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 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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CAW 91-130 (ii) The information is of a type customarily held in confidence by Westinghouse ai.d 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 j

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 one or more of several types, the release of which might result in the loss of an existing or 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 withut 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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l CAW-91-130 l 1

(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.

(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 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 Westinghouse a competitive advantage over its competitors. it is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

CAW 91-130 (b) It is information which is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information, i

(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 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 advan,.ge 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 91 130

(.i) The information is being transmitted to the Commission in confidence and, under the provision; of 10CFR Secti?- 2.790, it is to be received in confidence by the Comrirsion.

(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 "J. M. farley Units 1 and 2 SG Tube Plugging Criteria for 00S0C at Tube Support Plates", WCAP-12871, (Proprietary) for J. M. f arley Units 1 and 2, being transmitted by the Alabama Power Company (APCo) letter and Application for Withholding Proprietary Information from Public Disclosure, Mr. W. G. Hairston 111, APCo, to Document Control Desk, to the Attention Dr. Thomas Murley, february, 1991. The proprietary information as submitted for use by Alabama Power Company for the J. M. Farley Units 1 and 2 is expected to be applicable in other licensee submittals in response to certain NRC requirements for steam generator tube plugging criteria for ODSCC at tube support plates.

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CAW-91-130 This information is part of that which will enable Westinghouse to:

(a) Provide documentation of the analyses, methods, and testing for reaching a conclusion relative to steam generator tube plugging criteria for ODSCC at the tube support plates.

(b) Establish acceptable steam generator tube plugging criteria l

based on (a) above.

(c) Establish the available margins for the revised plugging criteria, (d) Assist the customer to obtain NRC approval for steam generator tube plugging criteria for 00 SCC at tube support plates.

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 satisfying NRC requirements for licensing documentation, l

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k s .'s CAW 91 130 (b) Westinghouse can sell support and defense of the Technical Justification technology to its customers in the licensing proce e.s .

Public disclosure of this proprietary information is likely to c.ause substantial harm to the competitive position of Westinghouse 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 the information would enable others to use the information to meet NRC requirements for licensing documentation 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.

(