ML20141M319

Requests That Proprietary WCAP-12011, Technical Justification for Eliminating Large Primary Loop Pipe Rupture as Structural Design Basis for Sequoyah Units 1 & 2 Dtd Oct 1988 Be Withheld (Ref 10CFR2.790(b)(4))

ML20141M319
Person / Time
Site:	Sequoyah
Issue date:	06/12/1992
From:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20141M309	List: ML20141M308 ML20141M310 ML20141M312 ML20141M314 ML20141M316 ML20141M317 ML20141M319 ML20141M322
References
CAW-92-320, NUDOCS 9208110298
Download: ML20141M319 (7)

Text

m .

m g

Westinghouse Electrlc Corporation Energy Systems

$3l]pmyg3num June 12,1992 CAW-92-320 Document Contml Desk US Nuclear Regulatory Commission

. Washington, DC 20555 Attention: Dr. Thomas Murley, Director APPLICATION FOR WITHIIOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

WCAP-12011. " Technical Justification for Eliminating Large Primary Loop Pipe Rupture as the Stmetural Design Basis for Sequoyah Units 1 and 2" dated October 1988 t

(Proprietary)

Dear Dr. Murley:

) The proprietary information for which withholding is being requested in the above-referenced letter is further identified in Anidavit CAW-92-320 signed by the owner of the pmprietary information, Westinghouse Electric Corporation. The afGdavit, 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 Tennessee Valley Authority.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-92-320, and should be addressed to the undersigned.

Very tmly yours, N. ?Lipamlo, Manager Enclosures

' Nuclear Safety & Regulatory Activities cc: M. P. Siemien, Esq.

Office of the General Counsel, NRC C413:Dt.C/060492 9208220299 DR 920727 "

p ADOCK 05000327 PDR L x .

i a

i 4

l CAW.92 320 l

! AFFIDAVIT I

i

! COMMONWEALTH OF PENNSYLVANIA:

l ss I-COUNTY OF ALLEGHENY:

i d

1 Before me, the undersigned authority, personally appeared Nicholas J. Liparulo, who, being -

by me duly sworn according to law, deposes and says that he is authorized to execute this . Affidavit -l I . .

on behalf of Westinghouse Electric Corporation (" Westinghouse") and that the averments of fact set i forth in this Affidavit are true and correct to the best of his knowledge, information, and belief; i l

] y Nicholas L Liparh o, Manager Nuclear Safety and Regulatory Activities

, Sworn to and subscribed

! before me this- / b day of' Anate. > , 1992 y ,

O fv%t M6 9$9. ' ,

W Notary Public NetwW Sed -

Lomine M.Psmes.NetwyPJilo MrComesenEWee .

usre w.r ._; c e m ar.nenes 0%N DLC-1:0NO92

,s,, - a r- ,,, miry,va= -N rw - & v + - - - - + v r-~,e -<ue-4y w

CAW 92-320 (1) I am Manager, Nuclear Safety and Regulatory Activities, in the Nuclear ed Technology Division, of the Westinghouse Electric Corporation and s - Mm specifically delegated the function of reviewing the proprietary infe r i e withheld from public disclosure in connection with nuclear power p. -

rulemaking proceedings, and am authorized to apply for its withholdi .., chalf 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.

k. I

! (3) I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy

, stems Business Unit in designating information as a trade secret, privileged or as -

l confidential commercial or financial information.

i (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 .

l 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 i he'd in confidence by Westinghouse. I g

7 (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 type:: Of inf0m'ation in confidence. The application of that system'and the si;bstance of that system constitutes Westinghouse policy' and provides the rational basis required.

Under that system, information is held' la ' 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:  :

' me.owcurm

. - , , - , - . . . _ , . . . _ , . _ . - ~ , - -_ . . ~ . , .- .

{

o , CAW-92 320 (s) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westingbouse's competitors without license from Westinghouse constitutes a ,

compedtive economic advantnge 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 pmition in the design, manufacture, shipment, installation,.

assurance of quality, or licensing a similar product.

(d) It reveals cost or price informatica, 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 conunercial value to Westinghouse.

(f) It contains patentable idear,, for which patent protection may be desirable.

There are sound policy reasons behind the Westinghouse system which inc.lude 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 Westinghouse ,

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

. uwww=x q

y

-7

f

, CAW-92-320  ;

(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 cacpetitivo advantage. If competitors acquire components of proprietary information, any one component may be th - key to the entire punic, 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 competitica of those countries.

(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and insintaining a competitive advantage.

(iii) He information is being transmittod to the Commission in confidence and; under 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 available in public sources 'or ava.ilabk -

information has not been previously employed in the same original manner or method to the best of abr knowledge and belief, p

(v) He proprietary information sought ta be withheld in this subdilttal is that which .is appropriately marked in " Technical Justification for Eliminating terge Primary Loop Mpc Rupture as the Structural Design Bases for Sequoyah Units 1 and 2",

WCAP-12011 (Proprietary), for Sequoyah Units I and 2 being <transntitted by the Tennessee Valley Authority letter and Application for Withholding Proprietary _

information from Public Disclosure, R. L. Gridley, TVA, to the Attention of Dr. T. Murley, Director, Office of NRC, dated October 1988. The proprietary 3 information as submitted for use by Tennessee Valley Authority for the Sequoyah -

. Units I and 2 is expected to be applicable in other licensee submituls in response te NC DLC40E092 a . _ . . _ _ _ . _ . . _ _ _ _ . . . _ _ - - .

,) 4 1

i

o CAW 92-320-l i

. certain NRC regn ements for justification of implementation of the EAGLE-21 l

Process Protection Systeci.

i

This irformation is part of that which will enable Westinghouse to:

(a) Provide documentation which summarim the application of the LHB

technology.

l 1

i (b) Provide documentation which describes the LUB Qalification Program.

i I-(c) Provide documentation which describes how the LUB technology compiles i with applicable regulatery criteria, j i i i  !

i )

(d) Assist the customer to obtain NP.C approval for use of their LED technology. i k Further this information has substantial commercial value as follows:

! 1 1

\

] (a) Westinghcuse plans m sel: the use of similar information to its custoiners for j purposes of satisfying NitC requirements for licensing ' documentation.  ;

I

! (b) Westinghouse can sell support and defense of this licensing basis and i technology to i ts customers to support the licensing process,  ;

i j Public disclosure of this proprietary information is likely to cause substantial harm to

_ the competitive position of Westinghouse tiecause it wculd enhance the ability of competitcrs to provide similar information, simplify design and evaluation tasks

~ without requirhtg a commensurate investment ot' time and effort and licensing defense

, services for commercial power uactors. Also, public disclosure of the information ,

would enable others to use the information to meet NRC requirements for licensing -

docutnentation without purchasing the right to use the leformation.

i The development of the technology described in part by the information is the result 4 of applying the results of many years of experience in an intensive Westinghouse .

_ effwt and the expenditum of a considerable sum of money.

. QWODLC-5#109.1

.-w s n-~ - , em+ e y m ne , , , ,. .- t 6 e, . m # -q ' -o&~yN ,N 1 e-

• -6

, CAW-92 320 In order for competitors of Weainghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would hwe to be expended for the licensing cf Leak-Before-Break (LBB) technology.

Further the deponent sayeth not; i

W i

1..

1

. 0385C-DLC-e%092 ' i

_ _ . _ _ _ _ . _ _ - -