ML20141M450
| ML20141M450 | |
| Person / Time | |
|---|---|
| Site: | Byron, Braidwood  |
| Issue date: | 08/17/1992 |
| From: | Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19303F044 | List: |
| References | |
| CAW-92-344, NUDOCS 9208280224 | |
| Download: ML20141M450 (9) | |
Text
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Westinghouse Energy Systems Q %.g.am i
Electric Corporation i
1 August 17, 1992 i
CAW-92 344 1
Document Control Desk 4
i US Nuclear Regulatory Commission l
Washington, DC 20555
]1 Attention:
Dr. Thomas Murley, Director
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APPLICATION FOR WITHHOLDING PROPRIETARY 3
INFORMATION FROM PUBLIC DISCLOSURE 4[
Subject:
Commonwealth _ Edison Company Letter and Application for Withholding _
j Pro)rietary Information from Public Disclosure to Document Control i
Desc.
j
Dear Dr. Murley:
l The proprietary information for which withholding is being requested in the i
above referenced letter is iurther identified in Affidavit CAW-92-344 signed by the owner of the proprietary information, Westinghouse Electric Corporation.
The affidavi*
which accompanies this letter, sets forth the basis on whic the information may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10 i
CFR Section 2.790 of the Commission's regulations.
i Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Commonwealth Edison Company.
I Correspondence with respect to the proprietary aspects of the application for l
withholding or the Westinghouse affidavit should reference this letter, j
CAW-92-344,.and should be addressed to the undersigned.
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Very truly yours',
s Nicho as J. Liparulo, Manager r
Enclosures Nuclear Safety and_ Regulatory Activities- -
cc:
M. P. Siemien, Esq..
l Office of the General Counsel, NRC 1
i c5Bl.:BER/081392-9208280224 920825
.PDR ADOCd 05000454 L _ - _ P._, _ a.._ ___, MR __ _____2
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i 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 I
deleted in the non proprietary versions, only the brackets remain (the information that was contained within the brackets in the proprietary versions havingbeendeleted).
The justification for claiming-the information so designated as proprietary is indicated in both versions by means of lower 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 in confidence identified in Sections (4)(ii)(a) through (4)(ii)(g) of the affidavit accompanying this transmittal pursuant to 10 CFR 2.790(b)(1).
C584:BER/081392
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Copyright Notice i
The reports transmitted herewith each bear a Westinghouse copyright notice.
1ho NRC is permitted to make the number of copies of the information contained j
in these reports which are necessary for its internal use in connection with l
generic and plant specific reviews and approvals as well as the issuance, i
denial, amendment, transfer, renewal, modification, suspension, revocation, or j
violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 2.790 regarding restrictions on public disclosure to-the extent such information has been identified as proprietary by Westinghouse, copyright protection notwithstanding.
With respect to the.non-proprietary i
l versions of these reports, the NRC is permitted to make the number of copies l
beyond those necessary for its internal use which are necessary in order to j
have one copy available for public viewing in the appropriate docket files in I
the public 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 insufficient 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 3
document rooms. Copies made by the NRC must include the copyright notice in l
all instances and the proprietary notice if the original was identified as l
proprietary, i
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CAW-92 344 AFFIDAVIT COh1MONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGilENY:
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 on behalf of Westinghouse Electrie Corporation (" Westinghouse") and that the averments of fact set forth in this Affidavit are true anil correct to the best of his knowledge, information, and belief:
\\s htd Nicholas J,1. p to, Manager Nuclear Safety and Regulatory Activities Sworn to and subscribed before me this /7 day of Mit 4/t J /
,1992
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2-CAW-92 344 l
(1)
I am Manager Nuclear Sately and Regulatory Activities, in the Nuclear and Advanced Technology 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 publie disclosure in connection with nuclear power plant licensing and rulemaking proceedings, and am authorireJ to apply for its withholding on behalf of the Westinghouse Energy Systems !!usiness Unit.
i (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 Atlidavit.
(3)
I have personal knowledge of the criteria and procedures utillred by the Westinghouse Energy Systems ilusiness Unit in designating information as a trade secret, privileged or as confidential commerelal 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 L
held in confidence by Westinghouse.
L I
(ii)
The information is of a type customarily held in confidence by Westinghouse and not eustomarily 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.
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
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competitive advantage, as follows:
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' CAW 92 344 (a)
The information reveals the distinguishing aspects of a piocess (or component, structure, tool, method, ne.) where prevention of its use by any of i
Westinghouse's competitors without license from Westinghouse constitutes a 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 competitiw economie advantage, e.g., by optimitation or improved i
marketability.
l (c)
Its use by a competitor would reduce his expenditure of resources or improve i
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 commerclat strategies of Westinghouse, its customers or suppliers.
(e)
It reveals aspects 01..mt, present, or future Westinghouse or custome 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 j-following:
l (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 l
such information is available to competitors diminishes the Westinghouse _
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L ability to sell products and services involving the use of the information.
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(c)
Use by our competitor would put Westinghouse at a competitive disadvantage l
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by reducing his expenditure of resources at our expense.
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(d)
Each component of proprietary information pertinent to a particular
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competitive advantage is potentially as valuable as the total competitive j
j advantage. If competitors acquire components of proprietary information, any j
one component may be the key to the entire puzzle, thereby depriving i
Westinghouse of a competitive advantage.
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(e)
Unrestricted disclosure woulJ Jeopardize the position of prominence of l
Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.
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(O The Westmghouse capacity to invest corporate assets in research and 1
development depends upon the success in obtaining and maintaining a 1
competitive advantage.
I (iii)
The information is being transmitted to the Commission in conGdence and, under the l-provisions of 10CFR Section 2.790, it is to be received in con 0dence by the
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Commission.
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i (iv)
The information sought to be protected is not available in public sources or available l
Information has not been previously employed in the same original manner or method 1
to the best of our knowledge and belief, f
(v)
The proprietary informatien sought to be withheld in this submittal l's that which is 1
i appropriately marked in
- Fracture Mechanics Evaluation 11yron and Braidwood -
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Units 1 and 2 Residual lleat Exchanger Tube Side inlet and Outlet Nozzles", WCAP-4 l
13454 (Proprietary), Aagust,1992 for Byron and Braidwood Units 1 and 2 biing
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transmitted by the Commonwealth Edison Company letter and Application for 4
Withholding Proprietary information from Public Disclosure to Document Control Desk, to the Attention of Dr. Thomas Murley, The proprietary information as j
submitted for use by Commonwealth Edison Company for the Byron and Braidwood 4
e NN'hd-4 08147.'
5 CAW 92-344 4
Units I and 2 is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of the fracture mechanies evaluation.
This information is part of that which will enable Westinghouse m:
(a)
Provide the methodology used in the development of the fracture evaluation methods.
(b)
Provide documentation for the largest acceptable indications for the residual heat exchanger inlet and outlet nonles.
(c)
Assist the customer in obtaining the 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 liRC licensing documentation.
(b)
Westinghouse can sell support and defense of the technology to its customers in the licensing process, l'ublic 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 fracture mechanles evaluations and licensing defense servlees for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.
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.
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' CAW 92 344 in order for competiton of Westinginiuse to duplicate this information, similar technical programs would have to be performed and a signideant manpower effort, having the requisite talent and expetience, would have to be expended for the development of analytical methods and tests, Further the deponent sayeth not.
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