ML20094F381
| ML20094F381 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 08/07/1991 |
| From: | Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML18010A533 | List: |
| References | |
| CAW-91-189, NUDOCS 9202240149 | |
| Download: ML20094F381 (11) | |
Text
9k Westinghouse Energy Systerns ki m Electric Corporation August 7. 1991 CAW 91 189 Document Control Desk US Nuclear Regulatory Commission Washington -DC 20555 Attention:
Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY JEQRMA(10N FROM PUBLIC DISCLOSURE
Subject:
WCAP-12816 (Proprietary) and WCAP-12817 [Non Proprietary), "Tubesheet i
Region Plugging Criterion for the Carolina Power & Light Company Shearon Harris Nuclear Power Plant Steam Generator, December 1990
Dear Dr. Hurley:
The proprietary information for which withholding is being requested in the above referenced letter is further identified in Affidavit CA'4 91 189 signed by tha 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 Ib CFR Section 2.790 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Carolina Power & Light Company.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidhvit should reference this letter, CAW 91-189, and should be addressed to the undersigned.
Very truly yours 6L"/
a w R. P. DiPiazza, Manager Enclosures Nuclear Safety Licensing cc:
M. P. Siemien, Esq.
Office of the General Counsel, NRC L
9202240149 920207 PDR ADOCK 05000400 P
I i
CAW 91-189 Mf10AVIT COMMONWEALTH Of PENNSYLVANIA:
ss COUNTY OT 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:
,k knald P. DiPiazza, Manag M Operating Plant Licensing Support Sworn to and subscribed before me this 27 CDday of Gn/2A
, 1991.
s' O /VL s<*4'bl.
Notary Public WTAR 44 s! AL LCRAAWE M S. PLICA NQfA;Y 8g?JO
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2-CAW 91 189 i
i (1) I am Manager, Operating Plant Licensing Support, in the Nuclear and Advanced Technology Divu lon, of the Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the l
proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing and relemaking proceedings, and am authorized to apply for its withholding c: behalf of the Westinghouse Er.ergy 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 regulatio; s, the following is furnished for consideration by the Commission 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 confidence by Westinghouse.
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3-CAW 91 189 (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.
i Under that systam, 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 componeret, 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 91 189 (c)
Its use by a competitor would reduce his expenditure of 'esources or improve his competitive cosition in the design, manufacture, shipment, installation, assurance of quality, or licensirg a similar product.
(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
,roprietary by Westinghouse according to agreements with the owner.
There are sound policy reasons behina 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,
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5 CAW 91 189 (b)
It is information which is marketable in many ways.
The extent to which such information is available to competitors liminishes 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 r
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 valiable 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 maintaining a competitive advantage, i
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CAW-91-189 l
(iii)
The information is being transmitted to the Commission in confidence and, under ".hc 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 preriously employed in the same original manner or method to the best of our knowledge and belief.
(v)
The proprietary informatiori sought to be withheld in this submittal is that which is appropriately marked in "Tubesheet Region Plugging Criterion for the Carolina Power & Light Company Shearon Harris Nuclear Power Plant Steam Generator" WCAP-12816 (Proprietary) and WCAP-12817 (Non-Proprietary), December 1990, for Carolina Power & Light Shearon Harris Unit 1, being transmitted by the Carolina Power & Light Company (CP&L)) letter and Application for Withholding Proprietary Information from Public Disclosure, Mr. J.
, Sheppard, CP&L, to NRC Document Control Desk, Attention Dr. Thomas Hurley.
The proprietary information as submitted for use by Carolina Power _& Light Company for Shearon Harris Unit 1 is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of alternate tube plugging criteria.
This information is part of that which will enable Westinghouse to:
(a) Provide documentation of the analyses, methods, and testing for reaching a conclusion relative to steam generator tube q
plugging criteria within'the tubesheet.
we
7-CAW 91 189 (b)
Establish acceptable steam generator tube plugging criteria based on (a) above.
(c)
Establish the available margins for the revised plugging criteria.
(d) Assist the customer to obtain NRC approval for steam generator tube plugging criteria _for indications within the tubesheet.
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 satisfying NRC requirements for licensing documentation.
(b) Westinghouse can sell support and defense of the Technical Justification technology to its customers in the licensing process.
4 8
CAW 91 189 Public disclosure of t'is 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 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 itRC requirements for licensing documentation without purchasing the right to use the information.
]ll F
The development of the technology described in part by the 3-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 developing, testing and analytical methods and performing tests.
Further the deponent sayeth not.
^
Proprietary Inf orma6 ion flotice Transmitted herewith are proprietary and/or non proprietary versions of documents furnished to the f4RC 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 cnncerning the protection of proprietary information is submitted to the f1RC, 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 louer case letters (a) through (g) contained within parentheses located as a superscript
}
immediately following the brackets enclosing each item of information being l
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)(11)(g) of the af fidnit, acconpanying this transmittal pursuant to 10 CFR 2.790(b)(1).
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Copyright Notice i
l ine 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
~eneric and plant-specific reviews and approvals as we'l as the ise.ance,
- r n4al, amendment, transfer, renewal, modification, se cension, revocation, or f
tion of a license, pernat, order, or regulation subject to the
- <ements of 10 CFD 2,790 regarding restrictions on public disclosure to the
- nt such information has been identified as proprietary by Westinghouse, "right protection not withstanding.
With respect to the non-proprietary ions of these reports, the NRC is permitted to make the number of copies t-beys:ad those necessary for its internal use which are necessary in order to 5
have one copy available for public viewing in the approrriate 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 ard ;he proprietary notice if the original was identified as proprietary.
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