ML20129J737

Requests Proprietary WCAP-10865, South Texas Plant (Tgx) Reactor Internals Flow-Induced Vibration Assessment, Be Withheld (Ref 10CFR2.790)

ML20129J737
Person / Time
Site:	South Texas
Issue date:	07/03/1985
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19304B319	List: ML20129J737 ML20129J743 ST-HL-AE-1303, Forwards Proprietary & Nonproprietary WCAP-10865 & WCAP-10866,respectively, South Texas Plant (Tgx) Reactor Internals Flow-Induced Vibration Assessment, Per Audit Question 210.52.Proprietary Rept Withheld (Ref 10CFR2.790)
References
CAW-85-044, CAW-85-44, NUDOCS 8507230286
Download: ML20129J737 (8)

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Westinghouse Water Reactor Electric Corporation Q3,5bpeeszao-cass Divisions July 3, 1985 CAW-85-044 Mr. Harold R. Denton, Director U.S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Washington, D.C. 20555 REF: South Texas 1 and 2 (Docket Nos. 50-498 and 50-499)

Dear Mr. Denton:

The proprietary material for which withholding is being requested by Houston Lighting and Power Company (HL&P) is further identified in an affidavit 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 10CFR Section 2.790 of the Commission's regulations. .

Accordingly, this letter authorizes the utilization of the accompanying affidavit in support of Houston Lighting and Power Company, South Texas Units 1 and 2.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-85-044, and should be addressed to the undersigned.

Very truly yours, AAAl4flA&(A Robert A. Wiesemann, Manager

Regulatory & Legislative Affairs

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i cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC l

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Attachment 2 I

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CAW-85-044 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared Robert A. Wiesemann, 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 facts set

.forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

l0AQ10ddul Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this @ # day of Qult, - 1985.

// 6 mL Mt.10 Notary Public LORRAINE M. FIFLICA, N0fARY PUBLIC MONRotyttti B020. AttfCHINY COUNTY MY COMMIS$10N (IPIRIS CEC 14.1987 Member. Pennsylvania Association of Notaries 0399n/ RAW /4-85

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. CAW-85-044 AFFIDAVIT (1) I, Robert A. Wiesemann, am Manager, Regulatory and Legislative Af fairs, in the Nuclear Technology Division of Westinghouse and as such 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 or rulemaking proceedings, and am authorized to apply for its withholding on tehalf of the Westinghouse Water Reactor Divisions.

(2) I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.790 of the Commission's regulations and in conjunction with the Houston Lighting and Power Company application for withholding accompanying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse Water Reactor Divisions 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 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.

(ii) The information is of a type customarily held in confidence by

. Westinghouse and not customarily disclosed to the public.

1 i 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 constitues Westinghouse policy and provides the rational basis required.

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3 CAW-85-044 l l

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 t

follows:

(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.

(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 resources or improve his competitive position in the design, i manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

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-(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 i customer funded development plans and programs of potential

! commercial value to Westinghouse.

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

(g) It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agreements with the owner.

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o 3 CAW-85-044 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 such information is available to competitors diminishes the ability of Westinghouse to sell products and services involving the use of the information.

(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 puzzle, thereby depriving Westinghouse of a competitive advantage.

(e) Unrestricted disclosure would jeapordize the position of

- - Westinghouse in the world market, and thereby give a market advantage to the competition in those countries.

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(f) The Westinghouse capacity to invest company assets in research and 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 10 CFR Section 2.790, it is j to be received in confidence by the Commission.

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CAW-85-044 (iv) The information is not available in public sources to the best of our knowledge and belief.

(v) The proprietary information sought to be withheld in this submittal is that which is bracketed in WCAP-10865 transmitted by Houston Lighting and Power Company application for withholding accompanying this affidavit.

This information enables Westinghouse to:

(a) Justification of TGX design changes from original four-loop configuration.

(b) TGX upper internals qualifications with respect to flow-induced vibrations (c) Assist its customers to obtain licenses Further, this information has substantial commercial value as follows:

(a) Westinghouse sells the use of the information to its customers for purposes of meeting NRC requirements for licensing documentation.

J (b, Westinghouse uses the information to perform and justify analyses which are sold to customers.

Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse because it would enable others to use the informatio,n to meet NRC i requirements for licensing documentation without purchasing the right to use the information.

The development of this information is the result of substantial Westinghouse effort and the expenditure of a considera1be sum of money.

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CAW-85-044-In order for competitors of Westinghouse ,to duplicate this iniormation, experimental test programs may have to be performed and a significant manpower. effort, having the requisite talent and experience, would have to be expended for data analyses and computer; program development.

Further the deponent.sayeth not.

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