ML20127G367

Requests That Proprietary WCAP-13570, Pressurizer Surge Line Leak-Before Break for Comanche Peak Unit 2,Presentation Matls, Be Withheld (Ref 10CFR2.790(b)(4))

ML20127G367
Person / Time
Site:	Comanche Peak
Issue date:	12/03/1992
From:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation
Shared Package
ML19303F189	List: ML20127G357 ML20127G367 ML20127G386
References
CAW-92-380, NUDOCS 9301210234
Download: ML20127G367 (9)

Text

ENCLOSURE 3 to TXX-93027 E

PAGE 1 0F 9

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Westinghouse Energy Systems Q 7,.,.yy,g, m Electric Corporation December 3,1992 CAW-92-380 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas hturley, Director APPLICATION FOR WITI{ HOLDING PROPRIETARY INFOlth1 ATION FROh1 PUBLIC DISCLOSURE

Subject:

' Pressurizer Surge Line Leak liefore lireak for Comanche Peak Unit 2 - Presentation hiaterials" WCAP-13570 (Proprietary)

Dear Dr. hiurley:

The proprietary information for which withholding is being requested in the above-referenced letter is further identined in Affidavit CAW-92 380 signed by the owner of the proprietary information, Westinghouse Electric Corporation. The af0 davit, 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 TU Electric.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW 92-380, and should be addressed to the undersigned.

Very truly yours, N. J. Liparulo, hianager Enclosures Nuclear Safety & Regulatory Activities cc: hl. P. Siemien, Esq.

Office of the General Counsel, NRC

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9301210234 930113 PDR ADOCK 05000446 l

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ENCLOSURE 3 to TXX-93027 PAGE 2 0F 9 CAW 92-380 AEFIDAVIT COhlh10NWEALTil OF PENNSYLVANIA:

55 COUNTY OF ALLEGilENY:

4 Before me, the undersigned authority, personally appeared Nicholas 1. 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, information, and belief:

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L Nicholas J. Lipa o, hianager Nuclear Safety and Regulatory Activities Sworn to and subscribed before me this 7

day of bul4A_)

,1992 SN.

v Notary Public Lomuno M.P(A:t.tktry Ptik Manom EbvNt9%y Ccuntt My Cent.sion Egtes Doc,14 1tes Wsitan.PurwyMuu A mem ot fe;:.um (toritF M-1:1304

ENCLOSURE 3 to TXX-93027 PAGE 3 0F 9 2-CAW 92 380 9

(1)

I am Manager, Nuclear Safety and Regulatory Activities,in the Nuclear and Advanced Technology Division, of the Westinghouse filectric Corporation and as such, I have been specineally 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 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 conjunction with the Westinghouse application for withholding accompanying this Af0 davit.

(3)

I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy

- Systems ilusiness Unit in designating information as a trade secret, privileged or as confidential commercial or Gnancial 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 con &dence 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, utilizes a system to determine when and whether to hold certain types of information in con 0dence. 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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ENCLOSURE 3 to TXX-93027 PAGE 4 0F 9 3

CAW 92 380 (a)

De 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.

(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 his expenditure of resource, 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 funded development plans and programs of potential commercial value to Westinghouse.

(f)

It contains patentable ideas, for which patent protection may be desirable, There are sound policy reasons behind the Westinghouse system which include the following:

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(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 such information is available to competitors diminishes the Westinghouse j.

ability to sell products and services involving the use of the information.

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4-CAW 92 380 1

l (c)

Use by our competitor ~uld put Westinghouse at a competitive disadvantage j

by reducing his expenditure of resources at our expense, q

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(d)

Each component of proprietary information pertinent to a particular f

competitive advantage is potentlally as diuable as the total competitive l

advantage, if competitors acquire cornponents of proprietary information, any l

one component may be the key to the entire puzzle, thereby depriving l

Westinghouse of a competitive advantage, f

4 (e)

Unrestricted disclosure would jeopardize the position of prominence of

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1 Westinghouse in the world market, and thereby give a market advantage to the 1

competition of those countries.

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(f)

The Westinghouse capacity to invest corporate assets in research and i

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

I (iii)

The 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

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Commission.

(iv)

The information sought to be protecteb 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.

4 (v)

The proprietary information sought to be withheld in this submittal is that which is appropriately marked in " Pressurizer Surge Line Leak Before-Break for Comanche Peak Units 2 - Presentation Materials", WCAP-13570 (Proprietary), December 1992 for Comanche Peak Unit 2, being transmitted by the TU Electric Company letter and Application for Withholding Proprietary Information from Public Disclosure, to Document Control Desk, Attention of Dr. Thomas Murley. The proprietary J

information as submitted for use byTU Electric Company for the Comanche Peak Unit 2 is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of surge line leak before-break.

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ENCLOSURE 3 to TXX-93027 PAGE 6 0F 9 3-CAW 92 380 This information is part of that which will enable Westinghouse to:

(a)

Provide documentation of the analyses and methodology used in the justification for eliminating design basis pipe ruptures.

(b)

Demonstrate the acceptability ofleak before-break and fatigue crack growth for the pressurizer surge line.

(c)

Assist the customer in obtaining NRC approval.

Further this information has substantial commercial value as follows:

(:)

Westinghouse plans to sell the use of similar information to its customers for purposes of demonstrating leak before-break for pressurizer surge lines.

(b)

Westinghouse can sell support and defense of the technology to its customers 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 provide similar documentation and licensing defense services for j

commercial power reactors without 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.

1 The development of the technology described in part by the information is the result j

of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considetable sum of money.

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J ENCLOSURE 3 to TXX-93027 PAGE 7 0F 9 CAW-92 380 i

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In order for competitors of Westinghouse to duplicate this information, similar i

j technical programs would have to be performed and a significant manpower effort, l-having the requisite talent and experience, would have to be expended for developing, j

testing and analytical methods.

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I Further the deponent sayeth not.

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l ENCLOSURE 3 to TXX-93027 PAGE 8 0F 9 Proprietary information Notice Transmitted herewith are proprietary and/or non proprietary versions of documents furnished 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 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 within the brackets in the proprietary versions having been deleted). The pstlucation for claiming the information so designated as proprietary is indicated in both versions by means oflower case letters (a) through (g) contained within parentheses located as a superscript 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 l

In con 0dence identified in Sections (4)(ii)(a) through (4)(ll)(g) of the af0 davit accompanying this l

transmittal pursuant to 10 CFR 2.790(b)(1).-

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ENCL 65URE 3 to TXX.93027 PAGE 9 0F 9 5

Copyright Notice The reports transmitted 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 connection with generic and plant specific reviews and approvals as well as the issuance, i

denial, amendment, transfer, renewal, modincation, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 2.790 regardinE restrictions on public disclosure to the extent such information has been identined as proprietary by Westinghouse, copyright i

protection notwithstanding. 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 in order to have one copy available for public viewing in the appropriate docket files in the pubtle 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 insuf0clent for this purpose. The 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 copyright notice in all instances and the proprietary notice if the original was ident10cd as proprietary.

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