ML20149L903
| ML20149L903 | |
| 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: |
| References | |
| CAW-96-1036, NUDOCS 9611190276 | |
| Download: ML20149L903 (9) | |
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Westinghouse Energy Systems
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Electric Corporation PO Box 255 Pittsburgh Pennsylvania 15230-0855 Document Control Desk November 6,1996 U.S. Nuclear Regulatory Commission CAW-96-1036 Washington, DC 20555 Attention: Mr. Frank J. Miraglia APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
" Steam Generator Sleeving Integration Report - J.M. Farley Units 1 and 2,"
WCAP-13115, (Proprietary).
Dear Mr. Miraglia:
'Ihe proprietary information for which withholding is being requested in the above-referenced report is further identified in Affidavit CAW-96-1036 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 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-96-1036, and should be addressed to the undersigned.
Very truly yours, N. J. Lip I,
anager RJM/bbp Regulatory & Engineering Networks Attachment cc:
Kevin Bohrer/NRC(12H5)
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9611190276 961106 ADOCK0500g8 PDR Q%, % >
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Proprietary Information Notice 4
i Transmitted herewith are proprietary and/or non-proprietary versions of dccuments furnished to the NRC in connection with requests for generic and/or plant-specific review and approval.
In order to conform to the requiranwata of 10 CFR 2.790 of the Comminion's regulations concerning the protection of proprietary informatior. so submitted to the NRC, the information which is proptietary in the proprietary versions is containad within brackets, and where the proprietary
.l information has been deleted in the non-propikury versions, only the brackets remain (the information that was contamed within the brackets in the proprietary versions having been deleted).
'Ihe justification for claiming the information so designated as proprietary is indicated in both versions by means of lower case letters (a) through (f) contained within paramhamma located as a superscript
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immediately following the brackets enclosing each item of information being identified as proprietary or in the margin opposite such information. 'Ihese lower case letters refer to the types of information i
Westinghouse customarily holds in confidence identified in Sections (4)(iiXa) through (4XiiXf) of the affidavit accompanying this transmittal pursuant to 10 CFR 2.790(bX1).
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NED908.llW96: CAW 1036 d
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Copyright Notice 1
l h reports transmitted hearwith each bear a Westinghouse copyright notice. h NRC is permitted q
to make the number of copies of the information contained in these reports which are necessary for its j
internal uw in connection with generic and plant-specific reviews and approvals as well as the j
issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a 1
license, p armit, order, or regulation subject to the requirements of 10 CFR 2.790 regarding restrictions on public disclosure to the autant such information has been identified as proprietary by W=tiap ue.,c W.t protection notwithstanding. With respect to the non-proprietary versions of these reports, the NRC is permitand 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 l
appropriate docket files in the public daaimaar room in Washington, DC and in local public docummat i
rooms as may be required by NRC regulations if the mimher of copies submitted is insufficient for this purpose. Copies made by the NRC must include the copyright notice in all instances and the j
proprietary notice if the original was identified as proprietary.
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MBDS08.ll496: CAW 1036 i
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CAW-9610%
COMMONWEALTH OF PENNSYLVANIA:
I as COUNTY OF ALLEGHENY:
Before see, the undersigned Aky, personally appeared Henry A. Sepp, who, being by me i
du;y sworn according to law, deposes and says that he is am6orized to execute this Affidavit on i
behalf of Westingbouse Electric Corporation (" Westinghouse") and that the avern=en of fact set forth l
in this Affidavit are true and correct to the best of his knowledge, information, and belief:
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A Henry A. Se, Manager Regulatory and Licensing Initiatives Sworn to and subscribed before une this IM day of
,1996 Notar.W Seal Janet A.S&wnt Notary Pubuc Morwoevine Boro,inegheny County l
My Commission Expres May 22,2000
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Notary Public I
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W9 en
~ CAW-96-1036 (1)
I am Manager, Regulatory and Licensing Initiatives, in the Nuclear Services 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 public disclosure in connection with nuclear power plant licensing and rulenuking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems Business Unk.
(2)
I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Comminaion's regulations and in conjunction with the W-
- 72 application for withholding accompanying this Af5 davit.
(3)
I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems Business Unk in designating information as a trade secret, privileged or as i
confidential comunercial 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)
De information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
(ii)
De information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westingbouse 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. De application of that system and the substance of that system constitutes Westinghouse policy aM provides the rational basis required.
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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' CAW-96-1036 i
(a) ne information reveals the distingt.ishing aspects of a process (or component; i
structure, tool, method, etc.) where prevention of its use by any of Westinghouse'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
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marketability.
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(c)
Its use by a competitor would reduce his expenditure of resources or improve i
l his competitive position in the design, manufacture, shipment, installation, j
assurance of quality, or licensing a similar product.
(d)
It reveals cost or price information, 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 commercial value to Westinghouse.
(f)
It contains patentable ideas, for which patent protection may be desirable.
Dare are sound policy reasons behind the Westinghouse system which include the following:
(a)
De 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. De 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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(c)
Use by our competitor would put W ='=F-m at a competitive disadvantage l
by reducing his expenditure of resources at our expense.
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(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 information, any F
one component may be the key to the entire puzzle, thereby depriving l
Westinghouse of a competitive advantage.
l (e)
Unrestricted disclosure would jeopardize the position of prominence of l-Westinghouse in the world market, and thereby give a market advantage to the t
j competition of those countries.
i (f)
De Westinghouse capacity to invest corporate assets in research and 1
development depends upon the success in obtaining and maintaining a i
competitive advantage.
1 (iii) ne information is being tranamitted 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)
De information sought to be protected is not available in public sources or available information has not been previously employed in the same original manner or method to the best of ovt knowledge and belief.
(v)
De proprietary information sought to be withheld in this submittal is that which is appropriately marked in ' Steam Generator Sleeving Integration Report - J. M. Farley Units 1 and 2," WCAP-13115, (Proprietary),1991 for Joseph M. Farley Units 1 and 2, being transmitted by the Southern Nuclear Operating Company (SNC) letter and Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk, Attention Mr. Frank J. Miraglia. De proprietary information as submitted for use by SNC for the J. M. Farley Units 1 and 2 is expected to be applicable in other licensee submittals in response to certain NRC me.nnu.nem -
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' CAW-96-1036 i
requirements for justification of integration of infonnation on mechanical and laser 1
welded sleeves.
i 1his information is part of that which will enable Westinghouse to:
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(a)
Provide the technical information on mechanical and laser welded sleeves.
i (b)
Provide test results for lower joints.
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(c)
Assist the customer in obtaining NRC approval by providing this information.
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Further this information has substantial commercial value as follows:
(a)
Westinghouse plans to sell the use of sindlar information to its customers for
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purposes of steam generator repair.
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(b)
Westinghouse can sell support and defense of the information in the licensing Process.
Public disclosure of this proprietary information is likely to cause substantial harm to
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the competitive position of W
-p-z because it would enhance the ability of competitors to provide similar Mgh and licensing defense services for coenmercial power reactors without cosamensurasa expenses. Also, public disclosure of the informatian would enable others to use the information to meet NRC requirements for licensing dacumantarian 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.
In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, unc a nseen s
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having the requiske talent and experience, would have to be expended for developing 1
the methodology.
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Further the deponent sayeth not.
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