ML20092J351
| ML20092J351 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 02/06/1992 |
| From: | Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19344C380 | List: |
| References | |
| CAW-92-264, TXX-92074, NUDOCS 9202240189 | |
| Download: ML20092J351 (11) | |
Text
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ENCLOSURE 3-'
429 TXX-92074 4
Westinghouse Energy Systems bm Electric Corporation
"'or Yw m 9:" r February 6, 1992 CAW-92-264 Document Control Desk US Nuclear Regulatory Con. mission Washington, DC 20555 Attention:
Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
" Technical Justification for Eliminating 10" Accumulator Lines Rupture as the Structural Design Basis for Comanche Peak Nuclear Plant - Unit 2" (WCAP-13167)
Dear Dr. Murley:
The proprietary information for which withholding is being requested in the above-referenced letter is further identified in Affidavit CAW-92-264 signed by the owner of the proprietary information, Westinghouse Electric Corporation.
The sffidavit, 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 TU Electric Company.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-92-264, and should be addressed to the undersigned.
Very truly yours,.
R. P. DiPiazza, Manager Enclosures Nuclear Safety Licensing cc:
M. P. Siemien, Esq.
Office of the General Counsel, NRC 9202240189 920214 PDR ADGCK 05000446 A
I 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 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 margin opposite such information.
These lower case letters refer to tne 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).
l l
9 Copyright Notice The reports transmitted herewith each bear a Westinghouse copyright notice.
The NRC is permitted to make the number of copies of the informatior 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 restrictions on public disclosure to the evtent 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 must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.
CAW-92-264 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss C00t4TY 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:
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Stephe:1 R. Tritch, Manager Engineering Technology Sworn to and subscribed before me this @ day of I2mm,199[2-d.
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Notary Public N:oWSM lamne M P(Aca tktry PutAc M com
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2-CAW-92-264 (1) I am Manager Engineering Technology, in the Nuclear and Advanced Technology Division, of'the Westinghouse Electric Corporation and as such, I am authorized to perform, on the behalf of Ronald P. DiPiazza, the function of reviewing the proprietary information sought to be withheld from public disclosure in connection w'th 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 parsonal 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.
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.--,,,..m<-
. CAW 92-264 i
(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 prcvides the rational basis required.
Ur. der _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.
-(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.
l
. CAW 92 264 (c)
Its use by a co.Tpetitor 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, 1
(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 i
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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' g-1 5-CAW 92-264 (b)
It is information which is marketable in many ways.
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 a' 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, i f 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 maintaining a competitive advantage.
g n
w e
,e n,
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e
. CAW 92-264 (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.
(v)
The proprietary information sought to be withheld in this submittal is that which is appropriately marked in " Technical Justification For Eliminating 10 Inch Accumulator Lines Ruptures As The Structurai Design Basis For-The Comanche Peak Nuclear Plant-- Unit 2", WCAP-13167 (Proprietary) January 1992, for Comanche Peak Unit 2, being transmitted by TV Electric Company (TXX) letter and Application for Withholding Proprietary Information from Public Disclosure, W. J. Cahill, Jr., TXX, to Document Control Desk, Attention Dr. Thomas Murley.
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 10 Inch Accumulator Lines Rupture as a structural design basis.
This information is part of that which will enable Westinghouse l
to:
(a) Provide documentation of the analyses and methodology used i
in the justification for eliminating design basis pipe ruptures.
i
(
1
-7 CAW-92-264 (b) Demonstrate the acceptability of leak before break and fatigue crack growth for the accumulator lines.
(c) 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 demonstrating leak before break for accumulator 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 would enhance the ability of competitors to provide similar 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.
r
. CAW 92-264 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 developing, testing and analytical methods.
Further the deponent sayeth not.
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