ML20147D277

From kanterella
Jump to navigation Jump to search
Requests That Encl to Util Re LOFTTR2 Analysis for Steam Generator Tube Rupture Event Be Withheld from Public Disclosure,Per 10CFR2.790 & Encl Affidavit
ML20147D277
Person / Time
Site: Vogtle  Southern Nuclear icon.png
Issue date: 02/03/1988
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Murley T
Office of Nuclear Reactor Regulation
Shared Package
ML19341E001 List:
References
CAW-88-011, CAW-88-11, NUDOCS 8803030278
Download: ML20147D277 (11)
v • d • e


Text

, _ - _ _ _ _ - _ _ _ . __ _ . - _ _ _ _

s Westinghouse Electric Corporation PowerSystems geygo 1

Box 355 .

Pittsbutgh Pennsytvania 15230 0355 February 3, 1988 CAW-88-011 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:

LOFTTR2 Analysis for a Steam Generator Tube Rupture Event for the Vogtle Electric Generating Plant Units 1 and 2

Dear Dr. Murley:

The proprietary material for which withholding is being requested in the reference letter by Georgia Power Company 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.

The proprietary material for which withholding is being requested is of the same

technical type as that proprietary material previously submitted as Affidavit AW-76-31.

l . Accordingly, this letter authorizes the utilization of the accompanying affidavit ,

by Georgia Power Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-88-011, and should be addressed to the undersigned. ,

Very-truly yours,

)

8803030278 800229 i

p DR ADOCK O 4y4 gg rt . n, Yanager Regulatory & Legislative Affairs i cc: E. C. Shomaker, Esq.

Office of the General Counsel, NRC '

i h

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 i PLANT SPECIFIC REVIEW AND APPROVAL.

I IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR 2.T90 0F THE COMMISSION'S i

RE6ULATIONS 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 DELETED IN THE NON-PROPRIETARY VERSIONS ONLY THE BRACKETS REMAIN, THE INFORMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY VERSIONS HAVING BEEN DELETED. TXE JUSTIFICATION FOR CLAIMING THE INFORMATION S0 DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY MEANS OF LOWER CASE I 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 CUSTOMAR1LY HOLOS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.T90(b)(1).

l 4

AW 31 AFFIDAVIT C99tDNWEALTH OF PENNSYLVANIA: -

as COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared Robert A. Wiessmann, who, being by se duly sworn according to law. de- ,

poses and says that he is authortred to execute this Affidavit on behalf of Westinghouse Electric Corporation ("Westinghouse") and that the aver-ments of fact set forth dn this Affidavit are true and correct to the best of his knowledge information, and belief:

bAl(La4&tG Robert A. Wiesemann. Manager Licensing Programs Sworn to and subscribed befo is 7 day of '

1976.

/

h.ot.,, ,.mw lHm2 7

1

.: . .. =

37 e ss.'18FI

3 AW 76-31

~

! (1) I am Manager. Licensing Programs. in the Pressurized Water Reactor Systens Division, of Westinghouse Electric Corporation and as such.

l 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 an authorized to apply for its withholding on behalf of the Westinghouse Water Reactor Divisions.

(2) I en asking tMs Affidavit in conformance with the provisions of 10 CFR Section 2.790 of the Connission's regulations and in con-junction with the Westinghouse application for withholding ac-corpanying this Affidavit.

(3) I have personal knowledge of the critaria and procedures utilized by Westinghouse Nuclear Energy Systess in designating information as a trade secret, privileged cr as confidential commercial or financial information.

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.793 of the Comission's regulations, the following is furnished for consideration by the Comission in determining whether the in-formation sought to be withheld from public disclosure should be erithheld.

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

.--,a-,.w--- -e.--_n- , - - - . - _ . , , - - , , , . - - - - _ , - - , . , , - _ . _ , , - - - - - - , - - - - . _ _ . -_ _ _ _ - _ . _ . _ -

l

-> M 76-31 (ii) The infomation is of a type customarily held in confidence W Westinghouse and not customarily disclosed to the public.

. Westinghouse has a rational basis for detemining the types of infomation customarily held in confidence by it and, in that connection, utilizes a system to detemine when and

,dether to hold certain types of infomation in confidence.

The application of that system and the substance of that system constitutes Westinghouse policy and provides the ,

rational basis requind. l Under that system. init,. nation is held in confidence if it falls in one or more of several types, the release of which ,

l sight result in the loss of an axisting or potential com-petitive advantage, as follows:

(a) The infomation nyeals the distinguishing aspects of a process (or component, structure, tool. method etc.)

dere prevention of its use by av of Westinghouse's.

competitors without license from Westinghouse consti-tutes a competitive economic advantage over other companies.

(b) It consists of supporting data. including test data, n1stive to a process (or component structure, tool, method etc.), the application of which data secures a  ;

competitive economic advantage, e.g. by optialzation

( or taproved marketability.

l l

l l

l l

l l

.I

AW-76-31 (c) Its use by a cogetitor would reduce his exper:diture of resources or taprove his cogetitive position in the design, manufacture, shipment tuta11ation, assurance -

of quality, or licensing a similar product.

(d) It reveals cost or price information, production cap-acities, budget levels, or comercial strategies of Westinghouse its customers or suppliers.

(e) It reveals aspects of past, present. or futurt West- -

. inghouse or customer funded development plans and pro-l grams of potential comercial value to Westinghotse.

(f) It contains patentable ideas, for which patent pro-taction 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.

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

AW-76-31 (b) It is infomation which is marketable in may ways.

The extent to which such infomation is available to _

competitors diminishes the Westinghouse ability to sell products and services involving the use of the infomation. ,

l' (c) Use by ocr competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

i (d) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantagc. If competitors acquire components of proprietary infer-nation, av ene component may be the key to the entiry 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 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.  :

l

AW 76-31 (iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR 5ection 2.790, it is to be received in confidence by the Commission. -

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

(v) The pmprietary information sought to be withheld in this submittal is that which is appropriately marked in the attach-ment to Westinghouse letter No NS CE-1142 Eicheldinger to Eisent ,c dated July 27. 1976 concerning reproductions of view-grqhs used in the Westinghouse presentation to the NRC during the meeting on July 27, 1976 on the subject of Westinghouse Reload Safety Evaluation Methodology.

This information enables Westinghouse to:

(a) Justify the design for the reload core (b) Assist its castomers to obtain licenses (c) pleet contractual requirements l

(d) Provide greater flexibility to customers assuring them of safe and reliable operation.'

l l

l

)

l AW-76-31 Further, this infomation has substantial commercial value ~

~

as follows:

(a) Westinghouse sells the use of the information to its customers for purposes of meeting 80tc requirements for licensing docaentation.

(b) Westinghouse uses the information to perform and justify anatyses which are sold to customers.

(c) Westinghouse uses the information to sell nuclear fuel and related services to its customers.

Public disclosure of this informathi is likely to cause sub-stantial harm to the competitivo position of Westinghousi in selling nuclear fuel and relates services.

Westinghouse retains a marketing advantage by virtue of the ,

knowledge, experience and competence it has gained through

' long involvement and considerable investment in all aspects l

of the nuc~ fear power generation industry. In particular Westinghouse has developed a unique understanding of the factors and parameters which are variable in the process of design of nuclear fuel and which do affect the in service performance of the fuel and its suitability for the purpose for editch it was provided.

e

..-.._.s__-,_._- - - _ _ - _ _ _ _ _ _ . _ _- , . . . _ _ _ _ _ _ _ _ _ . , _ , , , _ _ , . _ _ _ _ _ , . . _ , , . _ _ _ , _ . -,......__.--y , _ - . -

o . .

-S- AW-76-31 In c11 cases that purpose is to generate energy in a safe and efficient manner uhile enabling the operating nuclear gener-

. ating station to meet all regulatory requirements affected by -

the core loading of nuclear fuel. Confidence in being able to accomplish this comes from the exercise of judgement based on expe *-noe.

Thus, the essence of the cometitive advantage in this field lies in an understanding of which analyses should be performed and in the methods and andels used to perform these analyses.

A substMttal part of this competitive advantage will be lost if the cogetitors of Westinghouse are able to use the results of the Westinghouse experience to normalize or verify their em process or if they are able to clata an equivalent under-standing by demonstrating that they can arrive at the same or similar conclusions. Its use by a cogetitor would veduce his s@nditure of resources or improve his competitive

. position in the design and licensing of a similar product.

~This'information is a product of Westinghouse design technology.

As such, it is broadly applicable to the sale and licensing of fuel in pressurtred water reactors. The development of this information is the result of many years of Westinghouse effort and the expenditure of a considerable sist of money. In order for competitors of Westinghouse to duplicate this process l

l l

l l

AW 76-31 would require the investment of substantially the same amount of effort and expertist that hstinghouse possesses and which was acquired over a period of more thsn fifteen years and by the investment of millions of dollars.

Further the deponent sayeth not.

1 P

I j .

1 1

l l

-

Retrieved from "https://kanterella.com/w/index.php?title=ML20147D277&oldid=3363613"