ML20081K356

Requests That Proprietary WCAP-12877, Technical Justification for Eliminating Pressurizer Surge Line Rupture as Structural Design Basis for Praire Island Unit 1 Be Withheld (Ref 10CFR2.790(b)(4))

ML20081K356
Person / Time
Site:	Prairie Island
Issue date:	04/02/1991
From:	Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19302E705	List: ML20081K337 ML20081K353 ML20081K356
References
CAW-91-143, NUDOCS 9106260337
Download: ML20081K356 (11)

Text

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i Westinghouse Energy Systems gyjg gm Electric Corporation April 02, 1991 CAW-91-143 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention:

Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

WCAP-12877, " Technical Justification for Eliminating Pressurizer Surge ine Rupture as the Structural Design Basis for Prairie Island Unit 1," dated February 1991

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the enclosed letter by Northern States Power Company is further identified in Affidavit CAW-91-143 signed by the owner of the proprietary information, Westinghouse Electric Corporation.

The affidavi' which accompanies this letter, sets forth the basis on which the inform, an may be withheld from public disclosure by the Commission and addresses with specificity the i

considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Commission's regulations.

l Accordingly, this letter authorizes the utilization of the accocoanying Affidavit by Northern States Power Company.

Corresrondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, I

CAW-91-143, and should be addressed to the undersigned.

Very truly your 0

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,.r-Ronald P. Dipiazza, Manager Enclosures Operating Plant Licensing Support cc:

K. Holzle, Esq.

l Office of the General Counsel, NEC V. Wilson, Nuclear Reactor Regulation 9106260 g {,[,$$Ner PDR AE FDR O

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e PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/0R PLANT SPECIFIC REVIEW AND APPROVAL, IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR 2.790 0F THE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SUBMITTED TO THE NRC, THE INFORMAT!0fl h'HICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS 'S CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION HAS BEEN DELETED IN THE NON-PROPRIETARY VERSIONS ON THE BRACKETS REMAIN, THE INFORMATION THAT WAS CONTAINED WITHIN BRACKETS 1

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 S0 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 PROPP.IETARY OR IN THE MARGIN 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) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).

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CAW-91-143 i

AFFIDAVIT I

COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGilENY:

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 g

behalf of Westinghouse Electric Corporation (" Westinghouse") and that

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

fu Ronald P. DiPiazza, Manager Operating Plant Licensing Support Sworn to and subscribed before me this 2 # day of d, M, 1991.

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LOARA!NE M F*L'CA. NOMAY PU3'.'O MO'.:cEVILLE CCAO. ALLEX'd CD'.'NTY MY COW:111CN EXP$E;;E; 14 ini Me'ter Pev#nn a kt:.avm!'us c

. CAW-91-143 (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 l

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.

. CAW-91-143 (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:

(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, i

I-(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 econcmic advantage, e.g.. by optimization or improved marketability.

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l (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 I

similar product.

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(d)

It reveals cost or price information, production capacities, budget levels, or connercial strategies of Westinghouse, its i

i-customers or suppliers.

f (e)

It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential i

l commercial value to Westinghouse.

(f)

It contains patentable ideas, for which patent protection.may be desirable.

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j (g)

It is not the property of Westinghouse, but must be treated as 4

proprietary by Westinghouse according to agreements with the i

owner.

There are sound policy reasons behind the Westinghouse system which include the following:

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(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors.

It is,.therefore, I

i withheld from disclosure to protect the Westinghouse competitive j

position.

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(b)

It is information which is marketable in many wa/s.

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.

j (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 assets in research and development depends upon the success in obtaining and i

maintaining a competitive advantage.

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(iii)

The information is being transmittod to the Commissien in confidence and, under the provisions of 10CFR Section 2.790, it j

is to be received in confidence by the wommission, j

i (iv)

The information sought to be protected is not available in public 2

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

1 (v)

The proprietary information sought to be withheld in this j

submittal is that which is appropriately marked in " Technical Justification for Eliminating Pressurizer Surge Line Rupture as l

The Structural Design-Basis for Prairie Island Unit 1",

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WCAP-12877, (Proprietary), for Prairie Island Unit 1, being i

transmitted by the Northern Sates Power Company (NSP)-letter and Application for Withholding Proprietary Information from Public Disclosure, J. H. Gehlhar, NSP, to NRC Document Control Desk, attention of Dr. Thomas Murley, April,o1991.

The proprietary i

information.: submitted for use by Northern States Power Company _

for the Prairit Island Nuclear Plant is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of the integrity of the pressurizer surge line for its design life under thermal

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stratification conditions.

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. CAW-91-143 l

This information is part or that which will enable Westinghouse I

to:

(a)

Provide documentation of the analyses and methodology used in the evaluation of the thermal stratification phenomenon.

(b)

Establish revised design transients for the pressurizer surge line based on plant monitoring data and Westinghouse test programs.

(c) Demonstrate the structural integrity of the pressurizer l

surge line for the 40 year design life, ad the-acceptability of leak before break and fatigue crack growth, under thermal stratification conditions.

(d) Demonstrate the low likelihood of stratification in the RHR lines, and the integrity of_these lines-in the event such a condition did exist, j

l-(e) Assist the customer in obtaining NRC approval.

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Further this information has substantial commercial value as follows:

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(a) Westinghouse plans to sell _ the use of similar information to i

its customers for purposes of demonstiating adequate design life for surge lines and RHR lines.

(b) Westinghouse can sell-support and defense of the technology to its-customers in the licensing ' process.

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I CAW-91-143 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 j

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 the development, verification, and licensing of adequate methods for evaluation of this phenomenon.

Further the deponent sayeth not.

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