ML20093G899

Requests That WCAP 10565, Technical Bases for Eliminating Large Primary Loop Rupture as Structural Design Basis for Beaver Valley Unit 2, Be Withheld from Public Disclosure, Per 10CFR2.790

ML20093G899
Person / Time
Site:	Beaver Valley
Issue date:	06/06/1984
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19273A300	List: ML20093G893 ML20093G899 ML20093G907
References
CAW-84-53, NUDOCS 8407240474
Download: ML20093G899 (7)

Text

r o

we3"emcp'$cn Westinghouse Water Reactor Electric Ccrporation Divisions 8c,333 PinstJgn Pennsylvania 15230 June 6, 1984 CAW-84-53 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

REFERENCE:

Duquesne Light Company Letter to NRC dated June 1984

Dear Mr. Denton:

The proprietary material for which withholding is being requested in the reference letter by Duquesne Light Company is further identified in an affidavit 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 Comission and addresses with specificity the considera-tions listed in paragraph (b)(4) of 10CFR Section 2.790 of the Commissicn's regulations.

The proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously submitted with application for withholding CAW-83-80.

Accordingly, this letter authorizes the utilization of the accompany aff.idavit by Duquesne Light Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-84-53, and should be addressed to the undersigned.

• Very truly yours,

. WAi.

R. A. Wiesemann, Manager Regulatory & Legislative Affairs HFC/anj cc: E. C. Shomaker, Esq. _

Office of the Executive Legal Director, NRC 8407240474 840716 PDR ADOCK 05000412 A PDR .

r s.

CA'4-3 3 -30 AF7~. A'/'T 00.'<!'CN',.EALM CF PE:tNSYLVANI A:

ss COUNTY CF ALLEGHE.'tY:

Before me, the undersigned authority, personally aopeared Jonn D. McAdoc, ..ho, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of 'a'estinghouse Electric Corporatica ('"Jestinghouse") and that the aver =ents of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

N _- 3

\M' % /f.

D. McAdco, Assitrant Manager Nuclear Safety Department Sworn to and subscribed before me this 26 4 day "f j- 1..rt- , 1983.

t

. n Mo tex y...N.7.!

...y.,, . , .

i' 2OCUC

...  ! * ~~7 ~!UNTY

,',,"'* . 12 8

.. . 1

~.

2- CAW-83-30 (1) I am Assistant Mancger, Nuclear Safety Department, in the Nuclear Techno-logy Divisien, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary infcrmation sought to be withheld from public disclosure in connection with nuclear power plant licensing or rule-making proceedings, and am authorized to apply for its withholding on behalf of the Westingnouse Water Reactor Divisions.

(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 Westinghouse Nuclear Energy Systems 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 fo1 Towing is furnished for consideration by the Commission in determining whether the information sought to be with-held from public disclosure should be withheid.

(i) The information sought- to be withheld frem public disclosure is cwned and has been held in ecnfidence by Westinghouse.

(ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disciosed to the public. Westing-house has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, I

utilizes a system to determine when and whether to hole certain types of information in confidence. The application of that system and the substance of that system constitutes Westingnouse policy and provices the rationa? basis required.

..-.. , _, ..,--,-._-4 , . , __,,_w _

i. .

CAW-83-30 3

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, toc 1, method, etc.) where prevention of its use by any of Westinghouse's competitors witnout license from Westingnouse 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 econcmic advan-tage, e.g., by optimization or improved marketability.

(c) Its use by a competitor would reduce his expenditure of resour-ces or improve his competitive position in the design, manufac-ture, 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 supp1fers.

(e) It reveals aspects of past, present, or future Westinghouse or customer funded deveiopment plans and programs of potential commercial value to Westinghouse.

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

l

CAW-83-30 (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 reascns behind the Westinghouse system which include the fo11cwing: i (a) The use of information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

(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 at a competitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each component of proprietary information pertinent to a parti-cular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, any one component may ce tne key to the entire pu::le, thereby depriving Westinghouse of a ecmpeti-tive advantage.

(e) Unrestricted disclosure would jeopardi:e the position of promi-nence of Westinghouse in the world market, and thereby give a ,

market advantage to the competition in those countries.

CAW-83-80 (f). The Westingneuse capacity to invest corporate assets in researen and development depends upon the success in cbtaining anc main-taining a ccmpetitive advantage.

(iii) The information is being transmitted to the Commissicn in conficence and, under the provisions of 10CFR Secticn 2.790, it is to be received in confidence by the Commission.

(iv) The information sougnt to be protected is not available in public sources 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 Bases for Eliminating Large Primary Loop Pipe Ruptures as the Structural Design Bases for the South Texas Prgject," dated September 1983, prepared by S. A. Swamy and J. J. McInerney.

The subject information could only be duplicated by ecmpetitors if they were to invest time and effort equiva' lent to that invested by Westinghouse provided they have the requisite talent and experience.

Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse because it would si,mplify design and evaluation tasks without requiring a ecmmensurate investment of time and effort.

Further the deponent sayeth not.

l

ATTACHMENT (Insert to Duquesne Light Co. Letccr for Transnittal to the NRC)

Enclosed are:

1. copies of " Technical Bases for Eliminating Large Primary Loop Pipe Rupture as the Structural Design Basis for Beaver Valley Unit 2,"

prepared by S. A. Swamy, et.al., dated May 1984, WCAP-10565 (Proprietary).

2. copies of " Technical Bases for Eliminating Large Primary Loop Pipe Rupture as the Structural Design Basis for Beaver Valley Unit 2,"

prepared by S. A. Swamy, et.al. , dated May 1984, WCAP-10564 (Non-Proprietary).

Also enclosed is a Westinghouse authorization letter, CAW-84-53, and accompanying affidavit.

THE FOLLOWING TWO PARAGRAPHS SHOULD BE INCLUDED IN YOUR LETTER TO THE NRC:

As Item 1 contains information proprietary to Westinghouse Electric Cor-poration, 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 Section 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 10CFR Section 2.790 of the Commission's regulations. Correspondence with respect to the proprietary aspects of the Application for Withholding or the supporting Westinghouse affidavit should reference CAW-84-53, and should be addressed to R. A. Wiesemann, Manager, Regulatory & Legislative l Affairs, Westinghouse Electric Corporation, P.O. Box 355, Pittsburgh, Pennslyvania 15230.

i

. _ _ . . _ _ _ . _ . _ _ _ . _ _ _ __ . , _ . , , . - - _