ML20106A288
| ML20106A288 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 09/14/1992 |
| From: | Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML20012G117 | List: |
| References | |
| CAW-92-353, NUDOCS 9209250244 | |
| Download: ML20106A288 (7) | |
Text
.
Westinghouse Energy Systems Ba 355 h"c@ Pennsytania 15230 0355 Electric Corporation September 14, 1992 CAW-92-353 Document Csnirol Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas hiurley, Director APPLICATION FOR WITHHOLDING PROPRIETARY IEFORM ATION FROJ1 PUBl.lCDISCI OSURE
Subject:
WCAP-13496 " Catawba Unit i Steam Generator Tube Interim Plugging Criterion Presentation hiaterials" (Proprietary)
Dear Dr. hiurley:
The proprietary information for which withholding is being requested in the abovereferenced letter is further identified in Affidavit CAW-92-353 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 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 Duke Power
~
Company.
Correspondence with respect to tne proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-92-353, and should be addressed to the undersigned.
Very truly yours, w
py Nicholas J. Liparala, Manager Nuclear Safety and Regulatory issues
/cid Enclosures cc:
M. P. Siemien, Esq.
Office of the General Counsel, NRC 9209250244 920917 PDR ADOCK 05000413 P
PDR CtWL DLC3MIM2
_____________.______.___________________________.________J
CAW-92 353 AFFIDAX11 i
COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Peter J. Morris, 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:
/
o
/,J4/./
Peter J, Morris, mager Strategic Safety and Regulatory Issues Sworn to and subscribedG before me this
/9 day
-t
.of
-\\lL,af1AAL LL U
,1991 GP v. A%&_. i'b{.
Ll c a.-
Q/
i Notary Public Naumw seat -
taraino M.Pipka Ncery Puble -
Manaulle Boro. Aaeghsy Cour#
My Commitsion Expires Dec.14,1995 Mwreer,Pemsyww Amof Noww n
Ditk'@l/* l#UAT' 1
_ _ _ _ _ _ CAW-92-353 (1)
I am Manager, Strategie Safety and Regulatory issues, in the Nuclear and Advaneet Technology Division, of the Westinghouse Electric Corporation and as such, I have been speeltically delegated the function of reviewing the proprietary 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 Er.7yy Systems Business Unit.
(2)
I am making this Aftidavit 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 Mildavit.
5 (3)
I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems Business Unit in designating information as a trade seeret, privileged or as contidential commercial or tinancial 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 contidence by Westinghouse.
(ii)
The information is of a type customarily held in contidence by Westinghouse and not customarily dirdosed to the public. Westinghouse has a rational basis for determining the types of information customarily held in contidence by it and, in that connection, utilites a system to determine when and whether to hold certain types of information in confidence. The application of that sy tem 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 folicws:
v50c.ous:nwn
g I
-3 :
CAW 92-353 9
(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 Westingbouse 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 ecor.omic advantage, e.g., by optimization or improved marketability.
-(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.
(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 ftmded development plans and programs of potential commercial value to Westinghouse.
(t)
It contains patentable ideas, for which pat nt protection'may be desirable.'
t' There are sound policy reasons behind the Westinghouse system.which include the-
^
- following:
c (a)
The use of such information by. Westinghouse gives Westinghouse a -
competitive advantage over its competitors. it is, therefore, withheld from
+
disclosure to protect tne Westinghouse competitive position.-
p
'(b)
It is 'information which is marketable m many ways.' The extent to which
. i such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.
- 05NC-DLC Ansmrj i
e-
,a a
e
...'l y--N -- l N ~
a-p-a -, ;,1
-h CAW-92-353 s
(c)
Use by our competitor would put Westinghouse at a competitive disadvantage by r-ducing his expenditure of resources at our expense.
(d) _
Each component of proprietary information pertinent to a particular -
competitive a'Jvantage 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 f
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, 3
(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 information is being transmitted to the Commission in confidence and, under the -
_ provisions ofl10CFR 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 wallable=-
l~
information has not been previously employed in the same original manner or method to the best of our knowledge and belief.
1
. v)- 1 The proprietry information sought to be withheld in this submittal'is that which'is
(
+
appropriately marked in _" Catawba Unit 1-Steam Generator Tube Interim Plugging:-
. Criterio'.. Presentation Material", WCAP-13496 (Proprietary), September,1992 for -
Catasyba Unit I, being transmitted by the Duke Itwer Company letter and Application for Withholding Proprietary Information from Public Disclosure, to Document Control Desk. Attention Dr. Thomas hlurley. The proprietary information -
as submitted for use by Duke Power Company for Catawba Unit 1 is apected to be t:
s 0$DC-Dif 4DwC I
W
"=-WN W-4
-?-~i+
t-"t---
F w
-'T*
m._
7
, ~ CAW-92-333 '
applicable in other licensee submittals in respone to certain NRC requirements for-Justification of steam generator tube alternate plugging criterion.
This information is part of that which will enable Westinghouse to:
- l H
(a)
Provide documentation for steam generator tube interim and alternate plugging eriterion.
(b)
Provide a basis for the form of the steamline break (SLB) leak rate j
correlation.
(c)
Provide SLB leak rate analyses.
(d)
Assist the customer in obtaining NRC approvai.
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 requirements for licensing documentation.
(b)
Westinghouse can sell support and defense of the technology to its customers -
1 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 provid.e similar methodologies and licensing-defense services for
' commercial power reactors (vithout commensurate expenses. - Also, public disclosure
-of the information would enable others to use the information to meet NRC i
requirements for licensing documentation without purchasing the right to use the information.
4
- 05!3C DLC $sVM2.
j
,. i l.-
.2
... _ -. _. _, _ -... _ _ _ _ _ _ - - _ _. _. _ ~..
_-6f CAW-92 353
' 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 developing-testing and analytical methods and performing testing, Further the deponent sayeth not,
- r. -
l al f
. USt3C OLDoD usR