ML20147C661

Requests That Point Beach Unit 2 Evaluation for Vibration Induced Fatigue Be Withheld from Public Disclosure (Ref 10CFR2.790)

ML20147C661
Person / Time
Site:	Point Beach
Issue date:	12/16/1987
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19341D791	List: ML20147C622 ML20147C661 ML20147C706
References
CAW-87-121, NUDOCS 8801190309
Download: ML20147C661 (10)

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y' December 16, 1987 Westinghouse PowerSystems Nuclear Technology sysunns use Electric Corporation Box 355 Pittsburgh Pennsylvan;a l;230 0355 CAW-87-121 Dr. Thomas Murley, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Comission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Point Beach Unit 2 Evaluation for Tube Vibration Induced Fatigue

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the enclosed letter by Wisconsin Electric Power Cmpany is further identified in an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation. The affidavit, which accmpanies this letter, sets forth the basis on which the information may be withheld from public disclosure by the l Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the commiss$on's regulations. ,

The proprietary material for which withholding is being required is of the sam, technical type as that proprietary material previously submitted as Affidavit CAW-81-079.

Accordingly, this letter authorizes the utilization of the acompanying affidavit by Wisconsin Electric Power Cmpany.

4 Correspondence with respect to the proprietary aspects of the application for ,

withholding or the Westinghouse affidavit should reference this letter,  :

CAW-87-121, and should be addressed to the undersigned.

Ve'*y truly yours,

[ . ,

7 Robert

' ma esemann, Manager gud Regulatory & Legislative Affairs Enclosures cc: E. C. Shomaker, Esq. -

Office of the General Counsel, NRC 8801190309 880111 "

PDR ADOCK 05000301 P PDR

4 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 REQUIRD'ENTS OF 10CFR2.790 0F THE COMMISSION'S REGULATIONS CONCcRNING 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 RD4AIN, THE INFORMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY VERSIONS HAVING BEEN DELETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION S0 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

?ROPRIETARY OR IN THE MARGIN OPPOSITE SUCH INFORMATION. THESE LOWER CASE LETTERS REFEF TO THE TYPES OF INFORMATION WESTINGHOUSE CUSTOMARILY HOLD 3 IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(11)(a) THROUGH (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.7f0(b)(1).

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', AFFIDAVIT CO M NWEALTH OF PEMMSYLVANIA:

ss COUNW OF ALLEGHENY:

lefere me, the undersigned authority, personally appeared Robert A. Wiesemann, wh), being by me duly sworn according to law, deposes and says that he is autnorized to execute this Affidavit on behalf of Westinghouse Electric Corporation ("Westinghouse") and that the averments of fact set fcth in this Affidavit are true and correct to the test of his knowledge, infomation, and belief:

.N 44 111 ,

Robert A. Wiesemann. Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this 2 day of D u u lu_ 1931.

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CAW-81-79 (1) I am Manager. Regulatory and Legislative Affairs, in the Nuclear Technology Division, of Westinghouse Electric Corporation and as such. I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public dis- ,

closure in connection with nuclear power plant licensing or rule-making proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Water Reactor Div'sions.

(?' ' am making this Affidavit in conforman:e with the provisions of 10CFR Section 2.790 of the Commission's regulations and in con-junction with the Westinghouse application for withholding ac- .

companying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Energy Systems in designating information as a trade secret, privilegti or as confidential connercial or financial information.

(4) Pursuant to the provisions of paragrcph (b)(4) of Section k.790 of the Cc.nmission's regulations, the following is furnished for consideration by the Commission in determining whether the in-formation sought to be withheld from public disclosure should be withheld.

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.(1) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

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

> by Westinghouse and not customarily disclosed to the public.

Westinghouse has a rational basis for detemining the types of infonnation customarily held in confidence by it and, in '

that connection, utilizes a system to detemine when and whether to hold certain types of information in confidence.

The applicat. ion of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.

Under that sptem, infonnation 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 com- ,

petitive advantage, as 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 consti- -

l tutes a competitive economic advantage over other companies.

(b) It consists of supporting data including test data.

relativetoaprocess(orcomponent, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

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(c) Its use by a competitor would reduce his expenditure l

. 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 information, production cap-acities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future West-inghouse or customer funded developeent plans and pro-grams of potential commercial value to Westinghouse.

(f) It contains patentable ideas, for which patent pro-tection may be desirable.

(g) It is not th'e property of Westinghouse, but must be treated as proprietary by Westinghouse p",ccrding to .

agreements with the owner.

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 com-petitors. It is, thcrofore, withheld from disclosure to protect the Westinghouse competitive position.

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CAW-81-79 (b) It is infonnation which is urketable in any ways.

The extent to which such information is availaole to competitors diminishes the Westinghouse ability 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 infor-mation, any one component my be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.

(e) Unrestricted disclosure would teopardize the position of prominence of Westinghouse in the world arket, and thereby give a urket advantage to the competition in those countries.

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

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(iii) The information is being transmitted to the Comission in confidence and, under the provisions of 1DCFR Section 2.790 it is to be received in confidence by the Comission.

(iv) The infonnation sought to be protected is not available in public sources or available information has not been pre-viously employed in the same original manner or method to the best of our knowledge and belief.

(v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in "Steam Generator Tube Plugging Margin Analysis" for the Virgil C.

Sumer Nuclear Power Plant Unit No.1. WCAP-9912. Revi-sfon2(Proprietary)beingtransmittedbySouthCarolina Electric and Gas Company letter Application for Withholding Proprietary Information from Public Disclosure. Nichols to Denton. November 1981. The proprietary infermation as sub-mitted for South Carolina , Electric and Gas Company Virgil C. .

Sumer Nuclear Station use is expected to be applicable in other licensee and applicant submittals in response to cer-tain NRC requirements for jus'tification of the steam generator tube plugging margin.

This infomation is part of that which will enable Westing-house to:

1 (a) Provide documentation of the analyses, method and test-

. ing for determining plugging margin.

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• CAW-81-7g (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 comercial value as follows:

1 (a) Westinghouse plans to sell similar information to its customers for purposes of meeting NRC requirements for f licensing documentation.

(b) Westinghouse can sell support and defense of the tech-nology to its customers in the licensing process.

public disclosure of this infonnation is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to pro-

. vide similar analytical documentation and licensing defense services for comercial power reactors without comensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC require-ments for licensing documentation without purchasing the right to use the information.

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The development of the technology described in part by the infonnation 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 perfonned and a significant manpower effort, having the requisite talent and experience, would have to be expended for system design software development.

Further the deponent sayeth not.

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