ML20092H870

Advises That WCAP-13165, Technical Justification for Eliminating RHR Lines Rupture as Structrual Design Basis for Comanche Peak Nuclear Power Plant - Unit 2, Proprietary Info & Should Be Withheld from Public Disclosure

ML20092H870
Person / Time
Site:	Comanche Peak
Issue date:	12/17/1991
From:	Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20034D235	List: ML20092H864 ML20092H870 ML20092H874
References
CAW-91-248, TXX-92075, NUDOCS 9202210403
Download: ML20092H870 (12)

Text

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INCLOSURE 3 -

. . TXX-92075 Westinghouse Energy Systems sa 355 Electric Corporation Pawcuensmu ism c355 December 17,199l CAW 91-248 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

" Technical Justification for Eliminating Residual Heat Removal Lines Rupture as the Structural Design Basis for Comanche Peak Nuclear Plant - Unit 2" (WCAP-13165)

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the above-referenced letter is further identified in Affidavit CAW-91-248 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 TV Electric Company.

Correspondence with resper.t to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-91-248, and should be addressed to the undersigned.

Ver truly yours, Q

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Enclosures J.P.Diiazza,Mab[

Nuclear Safety Lic sing cc: M. P. Siemien, Esq.

Office of the General Counsel, NRC l I 1

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TV Electric Company Letter for Transmittal to the NRC THE F08. LOWING PARAGRAPHS Sil0VLD BE INCLUDED IN YOUR LETTER 10 THE NRC TV Electric' Company is transmitting the following reports for NRC review and approval.

1, 10 copies of WCAP 13165, " Technical Justification for Eliminating Residual Heat Removal Lines Rupture as the Structural Design Basis for Comanche Peak .

Nuclear Plant - Unit 2" (Proprietary). *

2. 10 copies of WCAP-13166, " Technical Justification for Eliminating Residual Heat Removal Line Rupture as the Structural Design Basis for Comanche Peak Unit 2" (Non'-Proprietary).

Also enclosed are a Westinghouse authorization letter, CAW 91-248, accompanying a.ffidavit, Proprietary Information Notice, and Copyright Notice.

As Item 1 contains information proprietary to Westinghouse Electric Corporation, it is supported by an affidavit signed by Westinghouse, the owner of the information. The affidavit 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 Se: tion 2.790 of the Commission's regulations, Accordingly, it is respectfully requested that the information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10 CFR Section 2.790 of the Commission's regulations.

Correspondence with respect to the copyright or proprietary aspects of the items listed above or the supporting Westinghouse Affidavit should reference CAW-91-248 and should be addressed to R. P. DiPiazza, Manager of Nuclear Safety Licensing, Westinghouse Electric Corporation, P.O. Box 355, Pittsburgh, Pennsylvania 15230-0355.

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Proprietary Information Notice 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, 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 the proprietary versions having been deleted). The justification for claiming the inforr.ation 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 bra:kets 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 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 Copyright Notice The reports transmitted herewith each bear a Westinghouse copyright notice.

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 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 restrictices on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection notwithstanding. With respect to the non-proprietary 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 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 most include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary, I

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r CAW-91 248 AFFIDAVIT COMM0WFf.llH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

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 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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/kolaldP.DkPiazza,M[k Nuclear Safety Licensing Sworn to and subscribed before me this [ day of M 1991.

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Q AAiwp, }14 Notary Public NcawWSed lamneid ara:c.telary7%ic Mycomm2on b /3 m.e-w-

1 CAW-91-248 (1) I am Manager, Nuclear Safety Licensing, 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 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-91-248 (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 ect.iomic 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.

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. 4- CAW 91 248 (c) Its use by a competitor would reduce his expenditure of resources l

or improve his competitive position in the design, manufacture, i shipment, installation, assurance of quality, or licensing a similar product.

(d) It reveals cost or price information, production capacities. l budget levels, or commercial strategies of Westinghouse, its customers or supn11ers.

(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential i 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 35 proprietary by Westinghouse according to agreements with the owner. i t

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 91 248 (b) It is information which is marketable in many -tys. 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 puzzle, thereby depriving Westinghouse of e, 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 upun the success in obtaining and maintaining a competitive advantage.

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3 6 CAW 91-248 (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. t (v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in " Technical  ;

Justification for Eliminating Residual Heat Removal Line Ruptures t As The Structural Design Basis for The Comanche Peak Nuclear Plant - Unit 2. WCAP 13165 (Proprietary) December 1991, for  !

Comanche Peak Unit 2, being transmitted by TV Electric Company (TXX) letter and Application for Withholding Proprietary Information from Public Disclosure, W. J. Cehill i Jr., TXX, to i Document Control Desk, Attention Dr. Thomas Hurley. The proprietary information as submitted for use by TV Electric Company for Comanche Peak Unit 2 is expected to be applicable in #

other licensee submittals in response to certain NRC requirements for justification of eliminating Residual Heat Removal Lines Rupture as a structural design basis.

This information is part of that which will enable Westinghouse to:

(a) Provide documentation of the analyses and methodology used in the justification for eliminating design basis pipe "

ruptures. t

. . 7- CAW 91-240 (b) Demonstrate the ccceptability of leak before break and fatigue crack growth for the RHR Lines.

(c) Assist the customer in obtaining NRC approval, further this information has substantial commercial value as follown (a) Westinghouse plans to sell the use of similar information to its customers for purposes of demonstrating leak before break for surge lines and RHR lines.

(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 we id enhance the ability of competitors to provide similar documentation and licensing defense services 1

for commercial power reactors without commensurate expenses.

Also, public disclosure of the information would enable ethers to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the-

-information.

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CAW 91 248 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 programt would have to be performed and a significant manpower effort, having the renuisite telent and experience, would have to be expended for th developing, testing and analytical methods.

Further the deponent sayeth not.