ML20078C347

Requests That WCAP-14157,Addendum 1, Suppl Leak & Tensile Test Results for Degraded Hej Sleeved Tubes in Model 44/51 S/Gs, Be Withheld Per 10CFR2.790

ML20078C347
Person / Time
Site:	Point Beach
Issue date:	10/14/1994
From:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Sheron B Office of Nuclear Reactor Regulation
Shared Package
ML20078C290	List: ML20078C288 ML20078C316 ML20078C347 ML20078C361 ML20078C518 ML20078C522
References
CAW-94-733, NUDOCS 9410310182
Download: ML20078C347 (7)

Text

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Westinghouse Energy Systems Ba 355 Pmsburgh Pennsylvania 15230 0355 Electric Corporation CAW-94-733 ,

Mr. B. Sheron Office of Nuclear Reactor Regulation US Nuclear Regulatory Commission October 14,1994 Washington, DC . 20555 i.

APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

WCAP-lJ157, Addendum 1, Supplemental Leak and Tensile Test Results for Degraded HEJ Sleeved Tubes in Model 44/51 S/Gs" (Proprietary)

Dear Mr. Sheron:

The application for withholding is submitted by Westinghouse Electric Corporation (" Westinghouse") ,

pursuant to the provisions of paragraph (b) (1) of Section 2.790 of the Commission's regulations. It contains  ;

commercial strategic information proprietary to Westinghouse and customarily held in confidence. '

Accordingly, it is respectfully requested that the subject information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Commission's regulations.

Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW-94-733 and should be addressed to the undersigned.

Very truly yours, h6' /

N.J. Liparulo, Manager Nuclear Safety Regulatory and Licensing Activities Enclosure l

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9410310192 941021 PDR ADOCK 05000266 P PDR 1

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CAW-94-733 1

AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: I ss l

COUNTY OF ALLEGHENY:

i Before me, the undersigned authority, personally appeared Henry A. Sepp, 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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/b Henry A. Sepp, Manager Regulatory and Licensing Initiatives Sworn to and subscribed before me this t~1 O day of h;heet ,1994 No:ard seal Denise K Hm1erson, Notary Putsc <

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Memw, Pomsywarue-m or tuanos 1__ Im tae &K[(t4/YY1 Notary Public i

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CAW-94-733 (1) I am Manager, Regulatory and Licensing Initiatives, in the Nuclear 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 ccmnection 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.

(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, 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:

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CAW-94-733 (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.

(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.

i (1) It contains patentable ideas, for which patent protection may be desirable.

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.

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(b) It is information which is marketable in many ways. The extent to which such information is avaliable to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.

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CAW-94-733 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 advantage to the competition of those countries.

(f) The Westinghouse capacity io invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

(iii) The information is being transmitted to the Commission in conndence 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 " Supplemental Leak and Tensile Test Results for Degraded flEJ Sleeved Tubes in Model 44/51 S/G's", WCAP-14157, Addendum 1 (Proprietary), September,1994, being transmitted by Wisconsin Electric Power Company letter and Application for Withholding Proprietary Information from Public Disclosure, to Document Control Desk, Attention Mr. Brian Sheron. The proprietary information as submitted is expected to be applicable in other licensee submittals in response to certain NRC requirements for the implementation of steam generator tube repair products and services.

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CAW-94-733 This information is part of that which will enable Westinghouse to:

(a) Provide documentation for steam generator HEJ sleeving services.

1 (b) Provide documentation for test data on degraded steam generator tubes with HEJ sleeves installed. I i

(c) Provide documentation for HEJ sleeve operating experience.

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(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 meeting requirements for licensing documentation.

(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 te cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar 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 1

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, l

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CAW-94-733 1

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having the requisite talent and experience, would have to be expended for developing testing and analytical methods and performing testing, j i

i Further the deponent sayeth not. l l

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