ML20070L881
| ML20070L881 | |
| Person / Time | |
|---|---|
| Site: | Mcguire |
| Issue date: | 10/18/1990 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19310E642 | List: |
| References | |
| CAW-90-081, CAW-90-81, NUDOCS 9103200313 | |
| Download: ML20070L881 (13) | |
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{[T Westinghouse Energy Systems yggy Electric Corporation NrNfp rew,wau C30t355 October 18, 1990 CAW 90-081 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBllC DISCLOSURE
Subject:
McGuire Unit 2 U-Bend Tube fatigue Re-evaluation
Dear Dr. Murley:
The proprietary information for which withholding is being requested in the above-referenced letter is further identified in Affidavit CAW-90 081 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 Utility Name.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-90-081, and should be addressed to the undersigned.
Very}rulyyours, LL
$&lWLW obert A. Wiesemann, Manager Enclosures Regulatory & Legislative Affairs cc:
C. M. Holzle, Esq.
Office of the General Counsel, NRC l
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s CAW 90-081 AFFIDAVil i
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. COMMONWEALTH.OF PENNSYLVANIA:
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-COUNTY-0F ALLEGHENY:
- Before me, the undersigned authority, personally appeared.
Robert _ A.: Wiesemann,- who, being by me duly sworn according to law, deposes:and says that hefis authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation (" Westinghouse") and that Lthe: averments ^of fact set forth in this Affidavit are true ated correct to the'Lbest of his' knowledge...information, and bel.ief:
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. Robert-_A.-Wiesemann' Manager
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Sworn to and subscribed
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4 E-CAW 90 081 (1) I am Manager, Regulatory and Legislative Affairs, 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 Ilcensing 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 urovisions of 10CfR Section 2.790 of the Commission's regulations and in conjunction with the Westinghouse application for withholding accanpanying this Affidavit.
(3) I have personal kncwledge of the criter,a and procedures utilized by the Westinghouse Energy Systems Business ti,it in designating information as a trade secret, privileged or as confidtqtial 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 furnishea 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.
3-CAW 90 081 (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 connection, utilizes a system to determine when and whether to hold certain types of information in confidence.
The anplication 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 thi 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 ecenomic 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 advcntage, e.g., by optimization or improved marketability.
. CAW 90 081 (c)
Its use by a competitor would reduce his expenditure of resources or iniprove his competitive position in the design, manuf acture, 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 Westinghous6.
(f)
It contains patentable ideas, for which p& tent 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 90-081 (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.
(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 p*1zzle, 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 capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage, o
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, CAW 96 OL!
(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.
(v)
The proprietary information sought to be withheld in this submittal is that which is appropriately marked in 'McGuire Unit 2 Tube-Fatigue Re Evaluation", WCAP-12729, (Proprietary),
for McGuire Unit 2, being transmitted by the Duke Power Company letter and Application for Withholding Proprietary Information from Public Disclosure, R. C. Futrell, Duke Power, to NRC Docunient Control Desk, Attention Dr. Thomas Murley, October, 1990. The proprietary information as submitted for use by Duke Power Company for McGuire Unit 2 is expected to be applicable in other licensee submittals in response to certain NRC requirements for_. justification of actions to minimize the potential for rapidly propagating fatigue cracks causing a steam generator tube rupture.
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y 7-CAW 90 081 This information is part or that which will enable Westinghouse to:
(a) Provide documentation of the analyses, methods, and testing
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for reaching a conciusion relative to the potential for denting induced fatigue degradation at the top tube support plate.
(b) Establish the tube stiffness, frequency, and fluid elastic stability ratios by dynamic analysis of various tubes.
(c) Establish the effects on fluid clastic instability of columnwise variations in anti vibration bar insertion
- depths, (d) Establish the detailed flow conditions in the region of interest including flow velocities, densities, and void fractions.
(e) Assist the customer to obtain 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 meeting NRC requirements for licensing documentation.
8-CAW 90 081 (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 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 neet NRC requirements for licensing documentation-without purchasing the right to use the information.
The development of the technology described in part by the l
information is the result of applying the results of many years j
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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PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY VERSIONS OF 4
DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/0R i
PLANT SPECIFIC REVIEW AND APPROVAL.
i IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR 2.790 0F THE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SVBNITTED j
TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION HAS BEEN DELETED IN THE NON PROPRIETARY VERSIONS ON THE BRACKETS REMAIN, THE INFORMATION i
THAT WAS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY.INFORMATION HAS 1
BEEN DELETED IN THE NON-PROPRIETARY VERSIONS ONLY THE BRACKETS REMAIN, THE t
INFORMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY VERSIONS HAVING BEEN DELETED.
THE JUSTIFICATION FOR CLAIMING THE INFORMATION $0 a -
DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY MEANS OF LOWER CASE LETTERS (a)THROUGH(g)CONTAINEDWITHINPARENTHESESLOCATEDASASUPERSCRIPT IMMEDIATELY FOLLOWING THE BRACKETS ENCLOSING EACH ITFM OF INFORMATION BEING IDENTIFIED AS PROPRIETARY OR IN-THE MARGIN OPPOSITE SUCH INFORMATION.
THESE i
LOWER CASE LETTERS REFER TO THE TYPES OF INFORMATION WESTINGHOUSE CUSTOMARILY HOLDS IN CONFIDENCE IDENTIFIED IN SETTIONS (4)(li)(a) THROUGH (4)(ii)(g) 0F THE AFFIDAVIT-ACCOMPANYlNG THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).
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-Copyright Notice j
The reports transmitted' herewith each bear a Westinghouse copyright notice.
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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 i
generic and plant specific reviews and approvals as well as the issuance, j
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denial, amendment, transfer, renewal, modification, suspension, revocation, or
- violation of a license, permit, order, or regulation subject to the
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- 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 it.ake the number of copies
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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 j
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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