ML20127N553
| ML20127N553 | |
| Person / Time | |
|---|---|
| Site: | Sequoyah  |
| Issue date: | 11/17/1992 |
| From: | Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19310D500 | List: |
| References | |
| CAW-92-376, NUDOCS 9212010307 | |
| Download: ML20127N553 (8) | |
Text
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Wcstinghouse Energy Systems gy,,.
,, gm Electric Corporation November 17, 1992 CAW-92-376 Document Control Des?
US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas hiurley, Director APPLICATION FOR WITHHOLDING PROPRIffl'ARY INFORh1ATION FROh1 PUllLICplSCLOSURE
Subject:
WCAP-13532, R.
I "Sequoyah Units 1 and 2 W* Tube Plugging Criteria for SG Tubesheet Region cf Wextex Expansions" (Proprietary)
Dear Dr. hiurley:
The proprietary information for which withholding is being requested in the above-referenced letter is further identified in Affidavit CAW-92-376 signed by the owner of +e proprietary information, Westinghouse Electric Corporation. The affidavit, which acccmpanies this letter, sets forth the bas:s 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 Tennessee Valley Authority.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-92-376, and shoe!d be addressed to the undersigned.
Very truly yours, l hl<
/
N J. Lipart'ro, M nager Nuclear Safety & Regulatory Activities
/cid Enclosures ec: hl P. Siemien, Esq.
Office of the General Counsel, NRC C878 DLC/lHhr2 9212010307 921118 gDR ADOCK 05000327 POR
CAW-92-376
,iEE! DAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Peter L 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:
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v Peter J. Morris, Manager Strategic Safety and Regulatory issues Sworn to and subscribed b
before me this l7 day of MM
,1992
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.1 1-CAW-92 376E H
2 (1)
I am Manager, Strategic Safety and Regulatory Issues, in the Nuclear and Advanced -
Technology Division, of the Westinghouse Electric Corporation and as sveh, I have been specifically delegated the function of reviewing the proprietary information sought to be q
withheld from-public disclosure in connection with nuclear power plant fleensing and
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rulemaking proceedings, and ar6 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 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 it 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.
(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 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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-3' '
- CAW-92-376 (a)
The information reveals the distinguishing aspects of a process (or component,:
3 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, tooi, method, etc.), the applic' tion of which data secures a competitive economic advantage, e.g., by ptimization 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 intbrmation, 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.
4 i
(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:
(a)
The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors. it is, therefore, withhe'd from disclosure to protect the Westinghouse competitive position.
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L (b)
It is information which is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghouse ability te sell products and services involving the use of the information.
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- CAW-92 376 '
r (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 nertinent 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 Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.
(O The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a 4
competitive advantage.
(iii)
The information is being transmitted to the Commission in contidence and, imder the provisions of 10CFR Section 2.790, it is to be received in confidence by the Commission.
(iv)
The information sought to be protected is not avaihible 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.
e (v)
The proprietary information sought to be withheld in this submittal is that which is-appropriately marked in "Sequoyah Units I and 2 W* Tube Plugging Criteria for SG Tubesheet Regien of Wextex Expansi,,ns", WCAP-l?532 Rev.1 (Proprietary) and.
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WCAP-13533 Rev.1 (Non-Proprietary), being transmitted by the Tennessee Valley Authority letter and Application for Withholding Proprietary Information from Publid Disclosure, R. L. Gridley, Manager Regulation and Safety, to NRC Document Control Desk, Attention Dr. Thomas Murley. The proprietary information as l
tubmitted for use by Tennessee Valley Authority for the W* Tube Plugging Criteria is oncoim.iom
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_ CAW 92d76--
expected to be applicable in other licensee subn:itta's 'n response to certain NRC requirements for justification for similar changes in Structural Design 11 asis.
This information is part of that which will enable Westinghouse to:
(a)
Provide documentation of the analyses, method and testing for determining s
plugging margin.
(b)
Establish the minimum wall thickness in compliance with Regulatory Guide ;
1.121.
(c)
Establish the stress limits versus thinning of the remaining tube wall.
(d)
Establish the maximum allowable leakage in support of the leak-before-break.
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 fdr purposes of meeting NRC requirements for licensing documentation.
(b)
Westinghouse can sell support and defense of the technology to its customers -
in the licensing process.
Public disclosuie 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 commercial power reactors without commensurate expenses. Also public disclosure -
of the information would enable others to use the information to meet NRC requirements foi licensing documentation without purchasing the right to use the information.
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. CAW-92 376 -
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.
Further the deponent sayeth not.
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0.9ADDLC4111797
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ENCLOSURE 3 WESTINGHOUSE ELECTRIO CORPORATION.
WESTINGHOUSE COMMERCIAL ATOMIC POWER 13532 REVISION-1 "SEQUOYAH UNITS 1 AND'2. W* TUBE PLUGGING
- CRITER" FOR SG TUBESHEET REGION OF WEXTEX EXPANSIONS" '
NON-PROPRIETARY VERSION
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