ML20116B953

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Submits Application for Withholding Proprietary Info,Re NSD-JLH-6114,Rev 2, L* Criterion for Farley Unit 2, from Public Disclosure
ML20116B953
Person / Time
Site: Farley Southern Nuclear icon.png
Issue date: 07/25/1996
From: Liparulo N
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Russell W
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19311C136 List:
References
CAW-96-993, NUDOCS 9607300363
Download: ML20116B953 (7)
v • d • e


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CAW-%-993 Westinghouse Energy Systems Ba 355 Pittsburgh Pennsylvania 15230-0355 Electric Corporation Document Control Desk July 25,1996 US Nuclear Regulatory Commission Washington, DC 20555 Attention: Mr. William T. Russell, Director f-APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

NSD-JLH-6114, Rev. 2, "L* Criterion for Farley Unit 2" (Proprietary) i

Dear Mr. Russell:

The proprietary information for which withholding is being requested is further identified in Affidavit CAW-96-993, 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 considemions l

,- listed in paragraph (b)(4) of 10 CFR Section 2.790 of the '~ommission's regulations. j i

1 Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Southern Nuclear l

Operating Company.

Correspondence with respect to the proprietary aspects of the application for witholding or the Westinghouse affidavit should reference this letter, CAW-96-993, and should be addressed to the undersigned.

Very truly yours 1 N. . Liparuto, Manager Regulavsry & Engineering Networks i

i GWW/ elm  ;

Enclosures cc: Kevin Bohrer/NRC(12H5)  ;

9607300363 960725 PDR ADOCK 05000364 P PDR f ELM 145:owwo72596

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r CAW-96-993 l

l AFFIDAVIT I

COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared Nicholas J. Liparuto, 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

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forth in this Affidavit are true and correct to the best of his knowledge, intbrmation, and belief: i s

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Nicholas J. Liparulo, Manager Regulatory and Engineering Networks i Sworn to and subscribed before me this A6 M day of M ,1996 r '

Notarial Soaf Janet A. Schwab Nctsy Public -

/ Monroevre Do+o, Niaghe:ty Cour ty

.L g My Commission Erpirea May 22,2000 f  ;

Member, Pennsylvania Association of Nataries Notary Public

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CAW-96-993 l

l l (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 fbr its withholding on behalf of the Westinghouse Energy Systems ,

Business Unit.

l-l (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 intbrmation 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 -

regulations, the following is furnished for consideration by the Commission in determining I

whether the infbrmation sought to be withheld from public disclosure should be withheld. l (i) The information sought to be withheld from public disclosure is owned and has been held in conlidence 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 confidence by it and, in that connection.

l utilizes a system to determine when and whether to hold certain types of information i in confidence. The application of that system and the substance of that system i i

constitutes Westinghouse policy and provides the rational basis required. l l i Under that system, intbrmation is held in confidence if it falls in one or more of l several types, the release of which might result in the loss of an existing or potential i competitive advantage, as ibliows:  ;

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CAW-96-993 l

(a) The information reveals the distinguishing aspects of a process (or component, l structure, tool, method, etc.) where prevention of its use by any of

( Westinghouse *s competitors without license from Westinghouse constitutes a 1

L competitive economic advantage over other companies. '

l (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 economic advantage, e.g., by optimization or improved marketability.

(c) Its use by a competitor would reduce !.is 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 i l

commercial strategies of Westinghouse, its customers or suppliers. l l

(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

(t) 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.

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! (b) It is information which is marketable in many ways. The extent to which 1

such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.

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CAW-96-993  ;

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j (c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

(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 puule, thereby depriving ,

l 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.

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l- (f) The Westinghouse capacity to invest corporate assets in research and  ;

development depends upon the success in obtaining and maintaining a competitive advantage.

(iii) Tae information 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. j (iv) The information sought to be protected is not available in public sources or available d 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. 2, "L*

Criterion for Farley Unit 2", (Proprietary), being transmitted by Southern Nuclear

, Operating Company letter and Application for Withholding Proprietary Information l

from Public Disclosure, to the Document Control Desk, Attention Mr. William T.

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Russell. The proprietary intbrmation as submitted ihr use by Southern Nuclear Operating Company tbr the Farley Unit 2 Nuclear Power Plant is expected to be

! applicable in other licensee submittals in response to certain NRC requirements for i

2H6C-0WW 4:072396 l

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1 CAW-96-993 justification of use of the L* eriteria, 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:

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

1 (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 l Public disclosure of this proprietary intbrmation 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 for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC

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CAW-96-993 requirements for licensing documentation without purchasing the right to use the information.

l The development of the technology described in part by the intbrmation is the result l 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 i-technical programs would have to be pertbrmed 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, I

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