ML20073P123

Requests Allowable Outage Time Study for RHR Valves for Farley Nuclear Plant,Units 1 & 2, Be Withheld Per 10CFR2.790

ML20073P123
Person / Time
Site:	Farley
Issue date:	05/13/1991
From:	Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation
Shared Package
ML19298E517	List: ML20073P115 ML20073P121 ML20073P123 ML20073P126
References
CAW-91-159, NUDOCS 9105200360
Download: ML20073P123 (11)

Text

_ _ _ _ _ _. _ _._ _ _ _ ._ _ _. _ _

4 7

Westinghouse Energy Systems ki m Electric Corporation "" * *" " * .

I May 13, 1991 CAW 91-159 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE -

Subject:

" Allowable Outage Time Study for RHR Valves for Farley Nuclear- Plant Units 1 & 2

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the above referenced letter is further identified in Affidavit CAW 91-159 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 l 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 91 159, and should be addressed to the undersigned.

Very truly yours, R , Ma Enclosures . Operating Plant Licensing Support cc: M. P. Siemien Esq.  ;

Office of the General Counsel, NRC s

I  !

9105200360 910513

• PDR ADOCK 05000348-P PDR

\

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 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, th. 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, only the brackets remain (the information that was contained within the brackets in the proprietary versions having been deleted). The justification for claiming the 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 a rt,in 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) of the affidavit accompanying this transmittal pursuant to 10 CFR 2.790(b)(1).

4

, , _ _ ~ . . _ _ _ . _ . , . _ , , _ _ . . , , - - . _ .

i Copyright Notice 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 necessary a - ,ts internal use in connection with generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, 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 extent such information has been identified as proprietary by Westinghouse, copyright protection not withstanding. With respect te the non proprietary versions of these reports, the NRC is permitted to make the number of copies beyond those nectssary for its internal use which are necessary in ordcr 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 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.

i i

l l

i 4

i i

s e

. c... - -. -. _ -

1

! l h l l

1 CAW 91 159

! AfflDAV]T l COMMONWEALTH Of PENNSYLVANIA:

ss I

COUNTY OF ALLEGHENY:

1 2

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 Electr ic Corporation (" Westinghouse") and that 4

the averments of fact set forth in this Affidavit are true and correct i to the best of his knowledge, information, and belief:

I g / sya Ronald P. DiPiazza, Manag [

Operating Plant Licensing Support i

i Sworn to and sutscribed

! before me this /3' day o f _Mu4 1991.

W OV i r s i ) M . k N# A <. d a _.

Notary Public NOTAAR SEAL LCAR* A! M PiPLCA NOTARY PUB'. C YO*iROEV'LL! BOAO ALLE'iHENYCoVNTY MY COMM sS:ON Exo:AEs 0E0 14.1J91 Mener. PennsAnna AAsocam cf Ncties

, )

2- CAW 91-159 i

l I

i (1) I am Manager, Operatis Plant Licensing Support, in the Nuclear and

, Advanced Technolog3 Division, of the Westinghouse Electric Corporation and I

as such, I have been specifically delegated the function of reviewing the 2

proprietary information sought to be withheld from public disclosure in 1

connection with nuc %ar power plant licensing and rulemaking proceedings, J

and am authorizeit to apply for its withholding on behalf of the Westinghouse Energy Systems Business Unit.

(2) I am making this Affiday.t in conformance with the pr visions e of 10CFR Section 2.790 of the Commission's regulations and . conjunction with the Westinghouse application for withholding accompanying this Affidavit.

i (3) I have personal knowledge of the criteria and procedures utilizeri 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 l 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.

l l

]

3e CAW 91 159 (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 application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.

Under that system, informt . ion 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 foows:

(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.

(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.

4

1 l

4- CAW 91 159 l

i (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.

5- CAW.91 159 (b) It is information which is marketable in many ways. The extent to which such information is avoilable 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 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 capacity to invest corporate assats in research and development depends upon the success in obtaining and maintaining a competitive advantage.

l l

l

l 6- CAW 91 159 i

(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 confiden:e by the Commission.

1 i

(iv) The information sougnt to be protected is not available in public sourc

• or available information has not been previously employed i in the same original manner or method to the best of our knowledge and b611ef.

J The proprietary information sought to be withheld in this submittal is that which is appropriately marked in " Allowable Outage Time Study for Residual Heat Removal Valves for farley Nuclear Plant Units 1 & 2", WCAP 129?3, (Proprietary), May 1991, for J. M. Farley Units 1 & 2, being transmitted by the Alabama

) Power Company (APCo) letter and Application for Withholding Proprietary Information from Public Disclosure to Document Control Desk. The proprietary information as submitted for use by Alabama Power Company for the J. M. f arley Units 1 & 2 is expected to be applicable in other licensee submittals in

. response to certain NRC requirements for justification of use of the modification to allowable outage times for RHR valves during

low temperature operations.

i

7- CAW 91 159 This information is part or that which will enable Westinghouse to:

(a) Provide documentation of the licensing basis for use for the modification to allowable outage times for RHR Relief valve; during low temperature operations.

(b) Provide documentation of the methodologies for (a).

(c) Provide documentation of the Farley Units specific application of the methodologies for modification to allowable outage times for RHR Relief valves.

(d) 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 satisfying NRC requirements for licensirig documentation.

8- CAW 91 159 s

(b) Westinghouse can sell support and defense of the this licensing basis and technology to its customers to support 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 methodologies 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 cf 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 tae licensing basis and suitable equipment to perform the median signal selector function.

l Further the deponeni :3yeth not, 1

__ _