ML20115H136
| ML20115H136 | |
| Person / Time | |
|---|---|
| Site: | Farley  |
| Issue date: | 10/07/1992 |
| From: | Morris P WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML20115H128 | List: |
| References | |
| CAW-92-364, NUDOCS 9210270026 | |
| Download: ML20115H136 (9) | |
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Westinghouse Energy Systems (Q,,
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Electric Carperation October 7,1992 CAW-92-364 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDL IG PROPRIETARY INFORMATION FROM PUBl.lC DISCI.OSURE
Subject:
" Response to NRC Questions on the Farley Steam Generator Tube Alternate Plugging Criterion Presentation Materials" (WCAP-13464, Proprietary)
Dear Dr,
Murley:
j' The proprietary inf,rmation for which withholding is being requested in the above-referenced letter is further identined in Affidavit CAW-92-364 signed by the owner of the proprietary information, Westin,; house Electric Corporation. The affidavit, which accompanies this letter, sets forth the basis on which the in'.rmation may be withheld from public disclosure by the Commission and addresses with speci0 city 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 w respect to the proprietary aspects of the application for withholding or the Westinghouse affida'm should reference this letter, CAW-92-364, and should be addressed to the undersigned, Very truly yours, Peter J. Morris, Manager Strategic Safety and Regulatory Issues
/cid-Enclosures cc:
M. P. S!emien, Esq.
Office r,f the General Counsel, NRC
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9210270026 921019 PDR ADOCK 05000364 p
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CAW 92-364 AFFIDAVIT COMi!MWEALTH OF PENNSYi VANIA:
i col 1NTY OF ALLEGilENY:
llefore me, the undersigned authority, personally appeared Peter J. M tris, who, being by me duly sworn according to law, deposes and ays that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corpora: ion ("Westinghousc") and that the averments of fact set forth -
in this Affidavit are true and correct to the best of his knowledge, information, and belief:
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'eter J. Morris, Manager Stratepc Safety and Regulatory Issues Sworn ta and subscribed before me this 7 N - day of C[&d/AJ
,1992 (9
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Notary Public Not w s ai tmano M. FNAca.tk*vy PitAc MrwMile Ekyo. A% 7 Ccurt/
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12-CAW-92 364.
(1)
I am Manager, Strategic Safety and Repdatory issues, in the Nuclear and Advanced Technology Division, of the Westinghouse Electric Corporation and as such, I have been speci6cally delegated the function of teviewing 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 Ilusiness Unit.
(2)
I am making this Af0 davit in conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in conjunstion with the Westinghouse application fbr withholding accompanying this Affidavit.
(3)
I have personal knowledge of the criteria and procedures utilized by the Westing %use Energy-Systems Businea.s Unit in designating information as a trade secret, privileged or as con 0dential commercial or financial infonnation.
(4)
Purwant to the provisions of paragn.ph (b)(4) of Section 2,790 of the Commission't regulations, the following is furnished for consideration by the Commission in determining whether the.information sought to be withheld from puHic disclosure should be withheld, (i)
Th: information sought to be withheld from public disclo:; ire is owned and has been held in con 0dence by Wutinghouse.
a (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, et lizes a system to determine when and whether to hold certain types of intbrniation i
l in con 0dence. The application of that system and the subs (ance of _that sy. item constitutes Westinghouse policy and p.ovices the rational basis required.
Under that r,ystem; informatien is held in con 0dence 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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, -a
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. - CAW 92-364
-(a)-
The information reveals tlie 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.
component, structure, tool, method, etc.), the application of which data secuies a competitive economic advantage, e.g., by optimization or improved marketability.
(c)
Its use by a competitor would reduce his expenditure of resources or improve hi., competitive position in the design, manufacture, shipment, installatiom assurance i e 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 funded development plans and programs of potential commercial value to 1
(f)
'It contains patentable ideas, for which patert protection mr,y 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 information by Westinghouse gives Westinghouse a
- ompetitive advantage over its competitors It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
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(b)
It is information which is marketable in many ways. The extent to which such information is available to competitors dirainishes the Westinghouse ability to sell.oducts and services involving the use of the information.
3 (c)
Use by our competitor would put Westinghouse at a competitive disadvantage by rehcing his expenditure of resources at our expense.
1 (d)
Each component of proprietary information pertinent to a partieolar comp:titive advantage is potentially as valuable as the total competitive advantage. If compaitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving s
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 w the-competition of those countries.
(f)
The Westinghouse capacity to invest corporate assets in raearch 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 of 10CFR Section 2.790, it is :a be received in cc nfidence by the Commis;, ion.
(iv)
The information sought to be protected is not available in public sources or available information has r.ot been previously employed in the same original manner or method to the best of our knowledge and he'ief.
(v). The proprietary information sought to be withheld in this submittal is that which is appropriately marked in " Response to NRC Questions on the Farley Steam Generator Tube Alternate Plugging Criterion Presentation Material", WCAP-13464 (Proprietary), August,1992 for Joseph M. Farley Units i and 2, being transmitted by the Southern Nuclear Operating Company (SNC) letter and Application for owc.nu mn j
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5-CAW-92-364 r
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Withl.olding Proprietary hArmation from Public Disclosure, to Document Control Desk, Attention Dr - Thomas Murley. The proprietary information as submitted for use by Southern Nuclear Operadng Compaay for the J. M. Farley Units I and 2 is expected to be applicable in other licensee submittals in cesponse to certain NRC-reouirements for Justification of steam generator tube alternate plugging criterion.
This information is part of that which will enable Westinghouse 3c:
(a)
Provide documentation for steam generator tube alternate plugging criterion.
(b)
Provide basis for the form of the leak rate correlation.
(c)
Provide steamline break (SLB) leak rate analyses.
(d)
Assist the customer m obtaining the NkC 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 requirenients for licensing documentation.
(b)
Westmghouse can sell support and defense of the technclogy to its customers L
in the licensing process.
l Public 6sclosure of this proprietary information is likely to cause substantial harm to l~
the competitive position of Westinghouse because it would enhance the ability of mmpeants _to provide similar methodologies and licensing defense services.for commercial powec reactors without commensurate expenses. Also, public disclosure l
of the information would enable others to use the informaticn to meet No.C requirements for licensitq, documentation without purchasing the right to use the inforniation.
l.
' CAW 92-364 The development of the.echnology described in part by the information is she 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 perfonning testing.
Further the deponent sayeth not.
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4 Proprietary Information Notice i
Transmitted herewith are proprietary and/or nontroprietary versions of documents furnished to the NRC in connection with requests for generic and/or plant-speciGe review and approval.
In order to conform to the requirements of 10 CFR 2.790 of the Commission's regulations concerning the protection of proprietary information so submitted to the NRC, 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 v ithin 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 irnmediately follewing the brackets enclosing each item of information being identiGed as proprietary or in the margin opposite such information These lower case letters refer to the types of infarmation Westinghouse customarily holds in confidence identi6ed in Sections (4)(ii)(a) through (4)(ii)(F of the af0 davit accompanying this transmittal pursuant to !0 CFR 2.790(b)(1).
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d Copy ;ht Notice The reports transmiited 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. nnection with generic an ' n' ant-specific reviews and approvals as weil as the issuance, denial, amendment, transfer, renewal, modi 6catian, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 2.790 regar 'hg restrictions on public disclosure to the exten'such information hr. ceen identificJ as proprietary by Westinghouse, copyright protection not withstanding. With respect to the non-pro rietary versions of these reports, r
the NRC is permitted to make the number of cop es beyond those necessary for its internal use which are necessary in order to have one copy avaliable for public viewing in the appropriate docket files in the public document room in Washington, DC and in local public do. ment rooms as may be required by NRC regulations if the number of copies submitted is insufHeient for this purpose. Tne 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 supyright notico in all instances i
and the proprietary notice if the original was identified as proprietary.
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