ML20090M828

Requests That WCAP-12425, Evaluation of Byron & Braidwood Units 1 & 2 Auxiliary Spray Lines Per NRC Bulletin 88-008 Be Withheld (Ref 10CFR2.790)

ML20090M828
Person / Time
Site:	Byron, Braidwood
Issue date:	03/10/1992
From:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20034D376	List: ML20090M819 ML20090M823 ML20090M828 ML20090M834 ML20090M839
References
CAW-92-278, IEB-88-008, IEB-88-8, NUDOCS 9203250328
Download: ML20090M828 (11)

Text

^ ~

~

Westinghouse Electric Corporation inergy Systems

[;Q,,,,, g my March 10. 1992 CAW-92 2T8 Document Control Desk US Nuclear Regulatory Commission Washington, DC 205SS Attention: Dr. Thomas Murley, Director APPLICATION FOR WITHHol0 LNG PROPRIETARY IN[0RMATION FROM PUBLlC_0J$f.LQXME

Subject:

Evaluation of Byron and Braidwood Units 1 and 2 Auxiliary Spray Lines per NRC Bulletin 88-08

Dear Dr. Hurley:

The proprietary information for which withholding is being requested in the above referenced letter 'is further identified in Affidavit CAW 92 278 sig1ed 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 i CfR Section 2.790 of the Commission's regulations, j

L l Accordingly, this letter authnrizes the' utilization of. the eccompanying  !

Affidavit by Comonwealth Edison Company.

Correspondence with respect to the proprietary aspects of the application for

-withholding or tha Westinghouse affidavit should reference this letter, CAW 9?-278, and should be addressed to the_ undersigned, Very truly yours, 3Ch v Cc Nicholas J. Liparulo, Manager Nuclear Safety and Regulatory Activities

~"

Enclosures cc: M. P. Siemien, Esq.

Office of the General Counsel NRC cu%micum f$p2ggggijjg0gg34 0 PDR

4 Proprietary information Notice Transmitted herewith are proprietary and/or non-proprietary versions of documents furnished to the NP,C 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 submit ted ~

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, only the brackets remain (the ,

information that was contained within the brackets in tho proprietary versions raving been deieted). The justification for claiming the information so designated as proprietM / is indicated in bcth versions by n, cant 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 margin opposite such information. These lower case letters refer to the types of inf ermation Westinghouse customarily holds in cor.fidence identified in Sections (4)(ii)(a) through (4)(lt)(g) of thu affidavit accompanying this transmittal pursuant to 10 CfR 2.790(b)(1).

C169:Bth/022092

9

\

Copyright Notice lhe reports transmitted herewith each bear a Westinghouse copyright notice, m lhe 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 generic and plaid 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 requiremeris of 10 CfR 2.790 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection notwithstanding, With respect to the nnn-proprictary versions of these reports,--the NRC is permitted to make the number of copies beyond those necessary for its internal use which are necessary in order to have one cony available for public viewito in the appropriate docket files in ~

the public document room in Washington DC and in lot, ;blic document rooms as may be "equired 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 wto 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. ,

k y

c169:BIR/0?t072

- ._- - - - . - . . . _ - - . . . - = _ - . . _ . . . - - . - - - -

CAW-92 278 4

EElDMH l

COMMONWEAL 1H Of I'ENNSYLVANIA:

I ss COUNTY Of ALLEGHENY:

Before me, the undersigned authority, personally appeared Stephen R. Tritch, 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:

, N P

h L Stephen . Tricch, Manager Engineering Technology Swtrn to and subscribed beforemethisAbay l of N h k , 1992.

Ch..

us

s,27<koc.,-' CAW-92-278 (1) I am Manager, Engineering lechnology, in the fluclear and Advanced Technology Division, of the Westinghouse Llectric Corporation and as such, I am authorized to perform, on bchalf of Nicholas J. Liparulo, the function of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power olant licensing and rulemaking proceedings, 6nd am authorizen to apply for in withholding on behalf of the Westinghouse Energy Systrms Rusiness Unit. s (2) I am making this Aff % vit in conformance with the provisions of 10CFR Section 2.790 of the Commission's regalattons and in conjunction with the Westinghouse application for withholding accompanying this Affidavit. (3) I have perscnal knowledge of the criteria and procedures utilized by the Wettinghouse Energy systeus Business Unit in designating information as a trhde secret, privileged or as confidential commercial or financial , information, (4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the _ Conynission's regulations, the fo! lowing is furnished for considerat ion by the Ccmmission in determining whether the information sought to be withheld from public disclosure should be withheld. (1) The information sought to be withheld from public disclosure is owned and has been held in contidence by Westinghouse. W W . _ - - - - - _ _ _ - - _ _ _ _ - . . _ _ _ - - - - - - _ - . _ _ _ - . _ - - _ - _ _ - _ - - - . _ - _ _ _ _ _ _ . _ . - - - - _ _ _ - _ _ _ _ - _ - . - - . a l (AW-9?-278 (ii) The information is of a type customarily held in (onfidence by Westinghouse and not custo:rarily disclosed to the public. Westinghcuse has a rational basis for determining the t ypes 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 applic ation 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, toni, method, etc.) where prevention at its use by cny 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 (nr component, structure, t ool, method, etc. ), the application of wh'.ch data secures a competitive economic advantage, e.g., by optimizatton or improved marketability. ____m.______.__.___._______._.______.___._____._.__ _ _ _ _ _ _ _ _ . _ _ _ _ . _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . . __m____ l CAW-9?-278 l ' Its use by a competitor would reduce his expenditure of resources (c) cc improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product It reveals cost nr price information, production capacities, (d) its budget levels, or commercial strategies of Westinghouse, customers or suppliers. It reveals aspects of past, present, or future Westinghouse or (e) customer funded development plans ard programs of potential commercial value to Westinghousa. It contains patentable ideas, for which patent protection may be (f) desirable. (g) It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agreements with the uaner. There are sound policy reasons behind the Westinghouse system which include the following: 1he use of such infortntion by Westinghouse gives Westinghouse a (a) It is, therefore, competitive advantage over its competitors. withheld from disclosure to protect the Westinghouse competitive position. - - - - _ _'~ %__.__ . f: . J 5 CAW-92-278 l l , (b) It is information which is marketable in rnny ways. The extent 4 to which such information is available to competitors diminishes  ; the Westinghouse ability to sell products and services involving I the use of the information. (c) Use by our competitor would put Westingh se at a competitive , disadvantage by reducing his expenditure of resources at car ' expense, j (d) Each component of proprietary informati.n pertinent to a , particular competitive advantage is potentially as valuable as f the total competitive advantage, i f competitcrs acquire L components of proprietary informatien, 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 Westinghou:e capacity to invest corporate assets in research [ and development depeaus upon'the success in obtaining ind maintaining a competitive advantage. ( l l-L i L e 1 - , , . , nN,.,,,,.,-,,,..,y4-.4..,y ,m,. ,- n.,g.,9,. v,9 r .s.,y,e -nw... y n +wwww-,<, v.w-m--e -w~ -+----mw'e-o m.~w---~ ~ c- -~x=~-oc "m'~~ ^ 4 CAW 92-278 (iii) lhe information is being transmitted to the Commission in confidence and, under the provisions of 10CIR Section 2.790, it is to be received in confidence by the tommission. (iv) lhe 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) it.e proprietary information sought to be withheld in this submittal is that which is appropriately marked in " Evaluation of Byron ana Braidword Units 1 and 2 Auxiliary Spray lines per NRC Dulletin 88-08". WCAP-12425, (Proprietary) October, 1989 for Byron and Braidwood Unita 1 and 2, being transmitted by Commonwealth Edison , Company letter and Application for Withholding proprietary Information from Public Disclosure, to Document Control Desk, to Attention of Dr. Thomas Murley. The proprietary information as submitted for use by Commonwealth Edison Company for Byron and Braidwood Units 1 and 2 is exDected to be applicable in other ~ licensee submittals in response to certain NRC requirements for evaluation of thermal stratification from postulated valve leakage 2 for auxiliary spray lines. CAW-9?-?78 i lhis infcrmation is part of that which will enable Westinghouse to: (a) Pr; ovide documentation of the methods for structural evaluation of auxiliary spray lines. i (b) Estabitsh applicable analytical technologies. (c) Establish the transient and temperature profiles. (d) Gstablish t!.e applicabic codes and standards which are to be .a ppl i ed . (d) Assist the customer to obtain NhC approval. Further this information has substantial commercial value as follows: (a) Westinghouse plans to sel l the use of similar information to its customers for purposes of meeting NRC requirements for licensing documentation. (b) Westinghcuse can sell support and defense of the technology to its customers in the licensing process. 1 . I i CAW-92-278 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 structural and thermal stratification evaluation services and licensing defense services for commercial power rewtors without commensurate exponses. Also, public disclo>are of the information would enable uthers ta use the information to rNet fF.C requirements for licensiry 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 intansive Westinghouse effort and the expenditure of a considerable sum of inney, in order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower ef fort, naving the requisite talent and experience, would have to be expenited for developing testing and analytical methods and performing tests, further the deponent sayeth not. - _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _