ML20108D486

Requests That Proprietary Rev 1 to Ltr Rept NSD-JLH-6114 Re L* Criterion for Farley Unit 2 Be Withheld from Public Disclosure (Ref 10CFR2.790(b)(4))

ML20108D486
Person / Time
Site:	Farley
Issue date:	05/01/1996
From:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Russell W NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19355D098	List: ML20108D476 ML20108D486 ML20108D490
References
CAW-96-960, NUDOCS 9605080122
Download: ML20108D486 (8)

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Westinghouse Energy Systems Ba 355 Electric Corporation Pittsburgh Pennsylvania 15230 0355 i

May 1,1996 1 CAW-96-960 l

Document Control Desk

) U.S. Nuclear Regulatory Commission l- Washington, DC 20555 l

) Attention: .Mr. William T. Russell, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE Subje:t: NSD-JLH-6114, Rev. I "L* Criterion for Farley Unit 2" (Proprietary)

Dear Mr. Russell:

The proprietary information for which withholding is being requested is further identified in Affidavit CAW-96-960 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 Southern Nuclear Operating Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-96-960, and should be addressed to the undersigned.

Ve truly yours,

. Liparuto, Manager RJM/bbp Regulatory & Engineering Networks Enclosures cc: Kevin Bohrer/NRC(12H5) -

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9605000122 960503 PDR ADOCK 05000364 .

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l CAW-96-960 AFFIDAVIT l

COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

l Before me, the undersigned authority, personally appeared Nicholas J. Liparuto, who, being l by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit l t

, 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 be:ief:

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Nicholas J. Lip o, Manager l i

Regulatory and Engineering Networks Sworn to and subscribed before me this /U day of /hu ,1996 I

Natand Seal Denise K Hendc:x,n.f&?ay Public Mmroe^"e Emo.Reyey cw

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Notary Public l

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. CAW-96-960 i

(1) I am Manager, Regulatory and Engineering Networks, in the Nuclear Services Division, of the Westinghouse Electric Corporation and as such, I have been specifically 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 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 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 l

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.

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(ii) The information is of a type customarily held in confidence by Westinghouse and not l 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, l

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:

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l E CAW-96-960 lI (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. l l

l (b) It consists of supporting data, including test data, relative to a process (or 1

component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved I

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.

l l (e) It reveals aspects of past, present, or future Westinghouse or customer funded i 1 .

I development plans and programs of potential commercial value to l l

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l Westinghouse.

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

l 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.

(b) It is information which is marketable in many ways. The extent to which l such information is available to competitors diminishes the Westinghouse i ability to sell products and services involving the use of the information.

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/, . CAW-96-960 (c) Use by our competitor would put Westinghouse at a competitive disadvantage t

by reducing his expenditure of resources at our expense. i i ,

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(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 position of prominence of l Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.

1 (t) 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 co.mdence and, under the provisions of 10CFR Section 2.790, it is to be received in contidence 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 Westinghouse letter report NSD-JLH-6114, Rev.1, "L*

Criterion for Farley Unit 2", (Proprietary), being transmitted by Southern Nuclear Operating Company letter and Application for Withholding Proprietary intbrmation from Public Disclosure, to the Document Control Desk. Attention Mr. William T.

Russell. The proprietary information as submitted for use by Southern Nuclear Operating Company for the Farley Unit 2 Nuclear Power Plant is expected to be i applicable in other licensee submittals in response to certain NRC requirements thr 20lSC-RJM40501%

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5- CAW-96-960 justification of use of the L* criteria, an alternate plugging criteria, for the tubesheet region of mechanically rolled steam generator tubes.

This information is part of that which will enable Westinghouse to:

(a) Provide documentation of the method for developing the L* alternate plugging criteria for 7/8 inch diameter steam generator tubes.

(b) Establish the load bearing capability of degraded roll expansions in 7/8 inch diameter tubes during all plant conditions.

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1 (c) Establish the applicability of tests conducted for 3/4 inch diameter tubing to determine the resistance to primary-to-secondary leakage of degraded roll expansions in 7/8 inch diameter tubing during all plant conditions.

(d) Establish applicable codes and standards which are to be applied to the L*

alternate plugging criteria. )

(e) Assist the customer to obtain 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) Westinghouse can sell support and defense of the L* alternate plugging criteria to its customers in the licensing process. l I

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 sleeving services and licensing defense services tbr commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC 2015C-RJh4 5:030196 ,

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),. CAW-96-960 requirements for licensing documentation without purchasing the right to use the information.

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 tbr developing testing and analytical methods and performing tests.

Further the deponent sayeth not.

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31SC-RJM-6:0%196

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• Reproduction of Monthly Operating Reports and Safeguard / Confidential transmittal letters, acknowledgement of Emergency Plans / Implementing Procedures and safeguard transmittals. Creating custom hand written RIDS distribution patterns per Project Managers' request and assembling Licensses' submittal into sets for NUDOCS processing.

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