ML20096F260

Requests That Rev 1 to WCAP-13255, North Anna Unit 1 SG Startup Approval Meeting Presentation Matls Be Withheld (Ref 10CFR2.790)

ML20096F260
Person / Time
Site:	North Anna
Issue date:	03/24/1992
From:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19303E834	List: ML20096F243 ML20096F260 ML20096F270
References
CAW-92-289, NUDOCS 9205200317
Download: ML20096F260 (11)

Text

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i Westingh0050 Electric Corporation Energy Systems [Q,%,w.mum '

March 24, 1992 CAW-92-289 Document Control Desk US Nuclear Regul; tory Commission i Washington, DC 20S$5 Attention: Dr. Thomas Murley, Director

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APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FRQM PUBLIC.DISCLO URL

Subject:

" Steam Generator Startup Approval Meeting Presentation Materials"

-(WCAP-13255) i

Dear Dr. H"d ey:

The proprkcary infoaation for which withholding is being requested in the above referenced letter is further identified in Affidavit CAV 92-289 signed by

• the owner of the proprietary information, Westinghouse Electric Corporatinn.

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 s ecificity the considerations listed in paragraph-(b)(4) of 10 CFR Section 2.79 ' af the Commission's regulations Accordingly, this letter authorizes the utilization of the accompanying

• Affidavit by Virginia Power.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, ,

CAW-92-289, and should be addressed to the undersigned.

Very truly yours, (A

.Micholas J. Liparulo, Ma r t Nuclear Safety & Regula'ory Affairs Enclosures-

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cc: M. P. Siemien, Esq.

Office of the General Counsel, NRC _

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9205200317 920500 PDR

_P ADDCK 05000330 PDR C240 DLC/032492

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CAW-92-289 AFF10AV11

- CO@NWEALTH OF PENNSYLVANIA:

ss COUNTY.OF ALLEGHENY:

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Before me, the ' undersigned authority, personally appeared Nicholas J. Liparulo,- 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,-inftmation, and belief: ,

So sht Nicholas J. .Lihakulo, Manager Nuclear Safety and Regulatory Activi_ ties l

Snorn 'to and subscribed beforemethis2[ day of Y 4 ., 1992.

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.lM Notary Public Nesv.sset terreke M. fit:a.tlatay m MyC von O Dd 905 n- &-i--

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I 2- CAW-92-289-b

+ . (1)11; am. Manager,- Nuclear-Safety and Regulatory- Activities, in the Nuclear and .

Advanced Technology Division, of the Westinghouse Electric Corporation and as:such,11-have been specifically delegated the function of reviewing the

- proprietary linformation sought tof be withheld.from public disclosure in '

connection with ' nuclear power plant licensing and rulemaking proceedings, j

-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 J'4tinghouse application for withholding accompanying this Affidavit.

',1 ave =pe sonal- knowledge of the criteria and procedures utilized by the O. tinghouse Energy Systems Business Unit in designating information as a '

6 i'.de secret; privileged or as confidential connercial or financial information'..

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, (4) Pursuent'to the provisions of paragraph (b)(4) of Section 2.790 of tha (cnaission's regulations, the following is fernished for consideration by the Commission in determinirg whether the information soughtLto-be withheld l =from public disclosure should-be withheld.

2(t) The information.sougnt to be withheld from public disclosure is owned and has been held in. confidence by Vest'inghouse.

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CAW-92-289 (ii) The information is of a type (ustomarily 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 Lasis requirod.

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 prccess (or component, structure, toal, method, etc.) where prevention of its use by any of We-tinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

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(b) It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data s :ures a competitive economic advantage, e.g., by optimization or improved marketability.

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CAW-92-289 (c) Its 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.

l (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 3 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 include the following:

(a) The use of such infurnation by Westinghouse gives Westinghouse a ccmpetitive advantage over its competitors. It is, therefo~e, withheld from disclosure to protect the Westinghouse competitive ,

position.

-S- CAW-92-289 (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.

I (c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our -

expense.

r (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 a competitive advantage.

(e) Unrestricted disclosure would jeopardize the positio of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.

(f) The Westingho"te capacity to invest corporate assets in research and development depends upon the success in obtaining and muintaining a competitive advantage.

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m CAW-92-289 (iii) The information is being transmitted to the Commission in confidence.and, under the provisions of 10CFP 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 hes 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 1 Steam Generator Start-up Approval Meeting Presentation Materials", WCAP-13255,- March,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, VEPC0, 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.be applicable in other licensee submittals in response to certain NRC requirements for the justification of plant-operation with steam generator tubes which are experiencing L both axial and/or circumferentially oriented _ cracking at the _ top L

of tubesheet and tube ' support plant locations.

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CAW-92-289 il.

This information is part or 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, " Bases For -

Plugging Degraded Steam Generator Tubes".

1 (b) Establ'ish an applicable administrative steam generator tube p_rimary to secondary leak rate limit.

l- {c) - Provide a set of stabilization criteria for steam generator tubes i

removed from service with circumferential cracks.

(d) Assist the customer in obtaining NRC approval.

Further this information has substantial commercial value as follows:

L '(a) Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for licensing documentation.

-(b) Westinghouse can sell sepport and defense of the technology to its' customers in the licensing process.

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C'AW.92-289

- 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 coumercial power _ reactors- without consensurate expenses. Also, public disclnsure

, of the information would enabit others to use the information to meet NRC requirements for _ licensing documentation'without purchasing the -

right to use the information. ,

The: development of the technology described in part by _tne 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 tecnnical programs would have to be performed and a significant manpower effort, having the requisite talent and ,

l experience, would have to be expended for developing testing and ,

, analytical methods' and performing tests.

'Further the deponent 1sayeth not.

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5 Proprietary Information Notice Transmitted herewith are proprietary and/or non-proprietary versions of documents furnithed 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

.egulations concerning the protection of proprietary information so submitted to the NRC, the.information which is proprietary in the proprietary versions is 1 contained within brackets, and where the proprietary infonnation 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

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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 the types of information Westinghouse customarily holds in confidence identified in. Sections (4)(ii)(a) through (4)(ii)(g) of the affidavit accompanying this transrcittal-pursuant to 10 CFR 2.790(b)(1).

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Copyright Notice The reports transmitted herewith each bear a Westinghouse copyright nstice.

The NRC is permitted to make the number of copies of the informatioc. contained in these reports which are necessary for its internal use in connection with generic and plar,t-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 regte ing restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection notwithetatuing. 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 ir. 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 insuf ficient for this purpose. The NRC is not authorized to make copies for the personal use of members of tne 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 propriet.ry notice if the original was identified as proprietary.

C240:DLC/032472

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