ML20149L888

Requests That Proprietary Rept NSD-ST-96-388, Jm Farley Units 1 & 2:Elevated Tubesheet Sleeve Qualification, Be Withheld,Per 10CFR2.790(b)(4)

ML20149L888
Person / Time
Site:	Farley
Issue date:	11/06/1996
From:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Miraglia F NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19353D993	List: ML20149L884 ML20149L888 ML20149L899 ML20149L903 ML20149L911
References
CAW-96-1035, NUDOCS 9611190244
Download: ML20149L888 (9)

Text

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Westinghou:s Energy Systems Nuclear Services Division Electric Corporation paso,ess Pittsbutth Pennsylvania 15230-0855 Document Control Desk November 6,1996 U.S. Nuclear Regulatory Commission CAW-96-1035 Washington, DC 20555 Attention: Mr. Frank J. Miraglia APPLICATION FOR WrtliHOLDING PROPRIETARY  ;

INFORMATION FROM PUBLIC DISCLOSURE j

Subject:

"J.M. Farley Units 1 & 2: Elevated Tubenheet Sleeve Qualification,"  !

NSD-ST-96-388, (Proprietary).

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Dear Mr. Miraglia:

The proprietary information for which withholding is being requested in the above-referenced report is j further identified in Affidavit CAW-96-1035 signed by the owner of the proprietary information, Westinghouse Electric Corporation. 'Ihe affidavit, which accompanies this letter, sets forth the basis  ;

on which the information may be withheld from public disclosure by the Commission and addresses l 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 Southern Nuclear Operating Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-96-1035, and should be addressed to the undersigned.

Very truly yours, l

cd N. J. Lip ,

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er RJM/bbp Regulatory & Engineering Networks j Attachment i

ec: Kevin Bohrer/NRC(12H5)  :

NSD507L:I1496 9611190244 961106 PDR ADOCK 05000348 ww . . .P , ,

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Proprietary Information Notice l 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 deleted in the nongrietary versions, only the brackets rammin (the information that was containad within the brackets in the proprietary versions having been deleted).

'Ibe justification fbr claissing the information so designated as proprietary is indicated in both versions by means of lower case letters (a) through (f) containad within parh located as a superscript immediately following the brackets enclosing each item of information being identified as proprietary j or in the margin opposite such information. These lower case letters refer to the types of *mformation  !

Westinghouse customarily holds in confidence islantified in Sections (4XiiXa) through (4Xii)(f) of the affidavit accompanying this transmittal pursuant to 10 CFR 2.790(bXI). l i

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Copyright Notice j De reports transmitted herewith each bear a Westinghouse copyright notice. De NRC is permitted i

to make the number of copies of the information contained in these reports which are necessary for its

internal use in connection with generic and plant-specific reviews and approvals as well as the 4

issuance, denial, ammiment, transfer, renewal, modification, suspension, revocation, or violation of a l

J 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 versions of these reports, the NRC is permitted to make the number of copies beyond those necessary for its internal use which are necessary in order to have one copy available for public viewing in the appropriate docket files in the public documan 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. Copies made by the NRC must include the copyright notice in all' instances and the proprietary notice if the original was identified as proprietary.

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NSDS07LUW96

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} CAW-96-1035 l l

AFFIDAVIT i

. COMMONWEALTH OF PENNSYLVANIA:

i ss j COUNTY OF ALLEGHENY:

1 Before me, the undersigned authority, personally appeared Henry A. Sepp, who, being by me

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i duly sworn according to law, deposes and says that he is authorised to execute this Affidavit on l i

behalf of Westingbouse Electric Corporation ("Westingbouse") and that the averments of fact set forth

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

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La r < r^

J Henry A. Sepp, Manager {

Regulatory and Licensing Initiatives Sworn to and subscribed before me this 4d day of hwM .1996 NotarW Seaf W ,

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[ Notary Public "'Y'** ^4ccecn o Notare,

CAW-96-1035 I I i

j (1) I am Manager, Regulatory and Licensing Initiatives, in the Nuclear Services Division, of the l Westinghouse Electric Corporation and ss such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure l in connection with nuclear power plant licensing and rulamalring proceedings, and am l

authorized to apply for its withholding on behalf of the Westinghouse Energy Systems )

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! Business Unit.

i i I (2) I am making this Affidavit in conformaance with the provisions of 10CFR Section 2.790 of the i Commtwion's regulations and in E -2: ='-- with the Westinghouse application for 4

withholding accompanying this Affidavit. ,

i l (3) I have personal knowledge of the criteria and procedures utuized by the Westinghouse Energy Systeams hal=== Unit in designating informention as a trade secret, privileged or as 4

confWantial conumercial or financial information. ,

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! (4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Commission's j regulations, the following is furnished for consideration by the Comminion in determmmg

, whether the informaation sought to be wl held from public disclosure should be withheld.

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

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i l (ii) 'Ibe information is of a type custosaarily held in confidence by Westinghouse and not I customarily disclosed to the public. W- :--p-r has a ruelanal basis for determining

! the types of informatian customarily held in confidence by it and, in that connection, j utilizes a systena to determine when and whether to hold certain types of infonnation

! in confidence. The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.

i 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 follows:

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o3- ~ CAW-96-1035 9

j (a) De information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of W=t!T- r:'s competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

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(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 l marketability. I 1

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(c) Its use by a competitor would reduce his expenditure of resources or improve

{ his competitive position in the design, manufacture, shipment, installation, j assurance of quality, or licensing a similar product.

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(d) k reveals cost or price informaation, pmduction capacities, budgee levels, or t

commarcial strategies of Westinghouse, its customers or suppliers. l 4

(c) k reveals aspects of past, present, or fbture Westinghouse or customer funded

, development plans and programs of potantial commercial value to

Westinghouse.

I (f) k contains patame=W ideas, for which patent protection may be desirable.

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l 'Ibere are sound policy reasons behind the Westinghouse system which include the

! bi W g:

(a) De use of such information by Westinghouse gives Westinghouse a

competitive advantage over its competitors. k is, therefore, widseld from j disclosure to protect the West!T-

r competitive position.

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(b) It is information which is naarketable in many ways. He extent to which

! such information is available to competitors diminishes the Westinghouse

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

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P i 4- CAW-96-1035

.' (c) Use by our competitor would put Westinghouse at a competitive disadvantage

• 4 by reducing his expenditure of resources at our expense.

(d) Each component of proprietary information peninent to a particular competitive advantage is potentially as valuable as the total competitive j advantage. If competitors acquire coniponents of proprietary information, any  ;

j one component may be the key to the entire pmzle, thereby depriving W !-7-r: of a competitive advantage.  !

{ (e) Unrestricted disclosure would jeopardize the position of prominence of  !

l Westinghouse in the world market, and thereby give a market advantage to the i campatition of those countries.  !

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(f) ne Westinghouse capacity to invest corporate assets in research and

! development depends upon the success in obtaining and maintainmg a

] compaitive advantage.

}' (iii) De information is being tranamie*~t to Fe Commissio ' . .;onfidence and, under the i provisions of 10CFR Section 2.790, it is to be received in confidence by the i Commission.

3 j (iv) De informarian sought to be protected is not available in public sources or available i

, informariam has not been previously employed in the same original mannar or method to the best of our knowledge and belief.

i l (v) The proprietary information sought to be withheld in this submittal V Grat which is

! appropriately marked in "J. M. Farley Units 1 & 2: Elevated TubMeet Sleeve ,

j Qualification," NSD-ST-96-388, (Proprietary), November,199G for Joseph M. Farley l Units I and 2, being transmitted by the Southern Nuclear Openting Company (SNC) letter and Application for Withholding Proprietary Information from Public j Disclosure, to the Document Control Desk, Attention Mr. Frank J. Miraglia. The

proprietary information as submitted for use by SNC for the J. M. Farley j Units 1 and 2 is expected to be applicable in other licensee submittals in response to 4

cenain NRC requirements for justification of elevated tubesheet sleeve qualification.

a 2330C-RA64:1300B5 I  !

i CAW-96-1035 I

_ This information is part of that whid will enabT,e Westinghouse to

(a) Install elevated tubesheet sleeves.- i

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$ (b) Assist the customer un obtaining NRC approval for installing elevated . ,

tubenbes rheves. '

I Further this information has suhatmarial comunercial value as follows:  :

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(a) Westinghouse plans to sell the use of similar information to its customers for i i purposes of steens generator repair.

i l~ i t l l (b) W=tnf z: can sell support and defense of the information in the licensing j

process.

t Public disclosure of this proprietary information is likely to cause substantial harm to j the competitive position of Westinghouse because it would enhance the ability of

competitors to provide similar mashndalogies and licensing defense services for 4

l commercial power reactors without nammanaurate expenses. Also, public disclosure I

of the information wo<ed enable others to use the informatino to meet NRC requirements for licensing documamentian without purchasing the right to use the i information.

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! 'Ihe ic"4-- -" of the te&nology described in part by the information is the result 4

l of applying the results of many years of experience in an intmaalve Westinghouse effort and the expenditure of a considerable sum of money.

i i in order for competitors of Westingbouse to duplicate this information, similar i

technical programs would have to be i fvird and a significant manpower effort,  !

l having the requisite talent and experience, would have to be expended for developing t-

the methodology.

i 1 Further the deponent sayah not.

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