ML20095L132
| ML20095L132 | |
| Person / Time | |
|---|---|
| Site: | North Anna  |
| Issue date: | 05/01/1992 |
| From: | Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19354F333 | List: |
| References | |
| CAW-92-300, NUDOCS 9205060238 | |
| Download: ML20095L132 (8) | |
Text
_
5 Westinghouse Energy Systems pggg,g., am Electric Corporallon hfay 1,1992 CAW-92-300 Document Control Desk
.US Nuclear Regulatory Commission Washingtwi, DC 20555 Attention: Dr. Thomas Murley, Director APPLICATION FOR WITIIHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE WCAP-13326
Subject:
WCAP-13326 " North Anna Unit 1 1992 Steam Genemtor Operating Cycle Evaluation",
(Proprietary)
Dear Dr. Murley:
The pmprietary information for which withholding is being requested in the above-referenc
'etter is further identified in Affidavit CAW 92-300 signed by the owner of the proprietary info... ation, Westinghouse Electric Corporation. The affidavit, which accompanies this letter, sets forth the basis on which the infonnation 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 Virginia Electric and Power Company.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-92-300, and should be addressed to the undersigned.
Very truly yours, 42 w 5 f
N. J. Liparuto, Manager Enclosures Nuclear Safety & Regulatory Activities cc: M. P. Siemien, Esq.
Office of the General Counsel, NRC C339:DLC!O42892 9205060238 920501 DR ADOCK 05000338 PDR
s CAW-92 300 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COtINTY 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:
/)
n daf : / %ye
'l flu tonald P. DiPiazza, Manager v
Nuclear Safety Licensing Sworn to and subscribed
- before me this
/
day of Mlla-4 _
,1992 O
Y & >'?M, & &
s Notary Public NonW Set -
Lenaire M.ppica,resay pwe i
h Barowegneny courey My ComsME4res DT 141915 j
Mw.rwxuu=~na rm i
07/9C-Of f-l At2992
-(l) -
I am Manager, Nuclear Safety Licensing, in the Nuclear and Advanced Technology Division, of the Westinghouse Electric Corporation and as such, I am authorized to perform, on the behalf of Nicholas J. Liparuto, the function of reviewing the propricttry 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 Lait in designating information as a trade secret, privileged or as confidential commercial or Gnancial 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.
(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 conGdence 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
- 0279C-DLC 2692
.3a CAW-92-300 -
. Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.
_(b) _
lt consists of supporting data, including test data, relative to a process (or component, structure, tool, method, c' c.), the apolication of which data
~
t secures a competitive economic advantage, e.g., by optimization or improved inarketability.
t
- (c) _
_ lts use by a competitor 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.
(d)
It rescals cost or price information, production capacities, budget levels, or-commercial strategies of Westinghouse, its customers or suppliers.
(c)-
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.
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.
3 (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.
027 CDLC404?392
n
-~---
- _ CAW-92 300_
i(d)
Each coraponent 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 a competitive advantage.
(e)
Unrutricted 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.
(iii)
The infonnation 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 " North Anna Unit i Steam Generator Operating Cycle Evaluation", WCAP.-13326, April,1992 (Proprietary), for North Anna Unit 1, being transmitted by the Virginia Electric and Power Company (VEPCO) letter and Application for Withholding Proprietary Information from Public Disclosure, E. W. Harrell, VEPCO, to NRC Document Control Desk, Attention of Dr. Thomas Murley. The proprietary information as submitted for use by Virginia Electric and
+
Power Company for North Anna Unit 1 is expected to t e applicable in other licensee submittals in response to certain NRC requirements for justi.fication of plant operation
- with steam generator tubes which are experiencing both axial and/or circumferentially oriented cracking at the top of tubesheet and tube support plant locations.
0779C-Dtf-4N2892 -
9 CAW-92-300 Tins information is part of that which will enable Westinghouse to:
(a)
Provide documentation of the methods used to address the safety significance of plant operation with the presence of the type of steam generator cracking reported at North Anna Unit I and to assess the maintenance of steam generator tube integrity utilizing the most limiting criteria of RG 1.121, "Dases For Plugging Degraded Steam Generator Tubes" t
(b)
Establish an applicable administrative steam generator tube primary to secondary leak rate limit.
(c)
Provide a set of stabilization criteria for steam generator tubes removed from service with circumferential cracks.
(d)
Assist the customer in obtaming 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 meeting NRC requirements for licensing documentation.
(b)
Westingnouse 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 steam generator information 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.
WCDLC-5 (4M90
~ -..
t Proprietary Infonnation 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 myiew and appmval.
In order to confonn to the requirements of 10 CFR 2.790 of the Commission's regulations concerning the protection of proprietary infonnation so submitted to the NRC, the infonnation which is proprietary in the proprietary versions is contained within brackets, and whem the proprietary
- infonnation has been deleted in the non-proprietary versions,- only the brackets n: main (the infonnation that was contained within the brackets in the proprilary versions having been deleted).
The justification for claiming the infonnation 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 infonnation being identiGed as proprietary or in the margin opposite such information. These lower case letters refer to the types of infonnation Westinghouse customari_ly holds in con 0dence islentified in Sections (4)(ii)(a) through (4)(li)(g) of the affidavit accompanying this tmnsmittal pursuant to 10 CFR 2.790(b)(1).
i I
C339:DLCIO42892
-~
Copyright Notice The reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is pennitted to make the number of copies of the infonnation 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 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 must include the copyright notice in all instances and the proprietary notice if the original was identified as pmprietary.
l C339:DLC/N2892
.