ML20151F567

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Request Withholding of Proprietary WCAP-11862, Houston Lighting & Power/Westinghouse/Nrc Bmi Flux Thimble Meeting 880517, Per 10CFR2.790.Affidavit Encl
ML20151F567
Person / Time
Site: South Texas STP Nuclear Operating Company icon.png
Issue date: 06/02/1988
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Murley T
Office of Nuclear Reactor Regulation
Shared Package
ML19292J141 List:
References
CAW-88-055, CAW-88-55, NUDOCS 8807270153
Download: ML20151F567 (10)
v • d • e


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'6 s Westinghouse Water Reactor Me5 Tecmtm M5 Electric Corporation Olvisions e 3 333 PittsburghPemsylvania15230 E

June 2, 1988' CAW-88-055

k. 'Ihomas Murley, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFVRMATION FROM PUBLIC DISCLOSURE

Subject:

HL&P/W/NRC BMI Flux Thimble Meeting May 17, .988

Dear W. Murley:

The proprietary infomation for which withholding is being requested in the enclosed letter by Houston Lighting and Power Company is further identified in an affidavit signed by the owner of the proprietary infomation, Westinghouse Electric Corporation. The affidavit, which accompanies this letter, sets forth the basis on which the infomation may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Sectica 2.790 of the Commission's regulations.

The proprietary material for which withholding is being required is of the same technical type as that proprietary material previously submitted as Affidavit CAW-85-044 Accordingly, this letter authorizes the utilization of the accompanying affidavit by Houston Lighting and Power Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-88-055, and should be addressed to the undersigned.

Very truly yours, 00 kJ-ae a Rober A. Wiesemann, Manager )

u atory & Legislative Affairs )

Enclosures l

cc: E. C. Shomaker, Esq. )

Office of the General Counsel, NRC  !

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8807270153 880718 i PDR ADOCK 05000498  !

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l INFORMATION TO BE INCLUDED IN THE HOUSTON LIGHTING & POWER COMPANY Letter for Transmittal to the NBC Enclosed are:

1. (10) copies of WCAP-11862, "HL&P/W/NRC BMI Flux Thimble Meeting May 17, 1988",

(Proprietary).

2. (10) copies of WCAP-11863, "HL&P/W/NRC BMI Flux Thimble Meeting May 17, 1988" (Non-Proprietary).

Also enclosed is a Westinghouse authorization letter, CAW-88-055, Proprietary Information Notice, and accompanying Affidavit.

THE ICLLOWING PARAGRAPHS SHOULD BE INCLUIED IN YOUR LETTER TO THE NRC:

As item 1 contains information proprietary to Westinghouse Electric Corporation, it is supported by an affidavit signed by Westinghouse, the owner of the information.

The affidavit sets forth the basis on which the infomation may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of Section 2.790 of the Ccrnmission's regulations.

Accordingly, it is respectfully requested that the information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Commission's regulations.

Correspondence with respect to the proprietary espects of the Application for l Withholding or the supporting Westinghouse Affidavit should reference CAW-88-055 '

and should be addressed to R. A. Wiesemann, Manager of Regulatory & Legislative Affairs, Westinghouse Electric Corporation, P.O. Box 355, Pittsburgh, Pennsylvania 15230-0355.

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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 REQUIRENENTS OF 10CFR2.790 0F 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 NON-PROPRIETARY YERSIONS ONLY THE BRACKETS REMAIN, THE INFORMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY VERSIONS HAVING BEEN DELETED. 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 IIENTIFIED IN SECTIONS (4)(11)(a) THROUGH (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFB2.790(b)(1).

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PROPRIETARY INFORMATION TJTICE This document contains detailed explanations of test procedures and test results which are proprietary to the Westinghouse Electric Corporation.

Due to the proprietary nature of the material contained in this report which was obtained at considerable Westinghouse expense and the re' ease of .

which would seriously affect our competitive position, we request this information to be withheld from public disclosure in accordance with the Rules of Practice,10CFR2.790, and that the information presented therein be safeguarded in accordance with 10CFR2 903. We believe that withholding this information will not adversely affect the public interest.

This information is fbe your internal use only and shoold not be released to persons or organizations outside the Directorate of Regulation and the ACRS without prior approval of Westinghouse Electric Corporation. Should it become necessary to release this information to such persons as part of the review procedure, please contact Westinghouse Electric Corporation and they will make the necessary arrangements required to protect their ,

proprietary interests.

A separate summary information report, see applicable WCAP-8587, Supplement 1, has been provided which is not proprietary and is available for public disclosure. This is consistent with the procedures adopted by the Commission as per SECY-81-119 dated February 24, 1981.

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6 e CAW-85-044 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared Robert A. Wier,emann, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation ("Westinghouse") and that the avennents of facts set forth in this Affidsvit are true and correct to the best of his knowledge, information, and belief:

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/#AEMd4w )

Robert A. Wiesemann, Manager Regulatory and Legislative Affairs l

l Sworn to and subscribed before me this #f day of Orl.44 - 1985.

/ 6 md- n. kn Notary Public 10ERAINE M. PIPitCA. NDtAtt PUBLic N0ht0[YllL[ Boto. AttfCH[ht COU41T NT COMul!! ION IIFit(s C[C 14.1987 Member, Pennsylvania Association of hotates t _030fn# DOM #0-M - - - - - ---

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..' CAW-85-044 AFFIDAVIT l

(1) I, Robert A. Wiesemann, am Manager, Regulatory and Legislative Affairs, in the Nuclear Technology Division of Westinghouse and as such 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 or rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Water Reactor Divisions.

(2) I am making this Af fidavit in conformance with the provisions of 10 CFR Section 2.790 of the Comission's regulations and in conjunction with the Houston Lighting and Power Company application for withholding 1 accompanying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by l

Westinghouse Water Reactor Divisions in designating information as a trade secret, privileged or as confidential comercial or financial inf;ormation.

(4) Pursuant to the provisions of paragraph (b) (4) of Section 2.790 of the Comission's regulations, the following is furnished for consideration by the Comission 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 held in confidence by Westinghouse.

(ii) The information is of a type customarily held in confidence by Westinghouse and not customarily 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 1 that system and the substance of that system constitues Westinghouse policy and provides the rational basis required.

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- Ct.W-85-044 Under that system, infornation is held in confidence if it f alls in one or nore of several types, the release of which might result in the loss of an eristing or potential competitive advantage, as follows:

(a) The infornation 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 constitutes a competitive economic advantage over other companies.

(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 marketability. J (c) Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of 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 custon.er funded development plans and prograns of potential commerc',a1 value to Westinghouse.

(f) It contains patentable ideas, for which patent protection 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.

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CAW-85-044 Ttsre arc sound policy reasons behind the Westinghouse system which include the following:

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(a) The use of such information by Westinghouse gives Westinghouse I a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the )

Westinghouse comp 2titive position.

(b) It is information which is marketable in many ways. The extent to which such information is available to competitors diminishes the ability of Westinghouse 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 by reducing his expenditure of resources at our expense. I I

(d) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire I components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.

(e) Unrestricted disclosure would jeapordize the position of Westinghouse in the world market, and thereby give a market advantage to the competition in those countries.

(f) The Westinghouse capaci's to invest company assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

(iii) The information is being transmitted to the Comission in confidence and, under the provisions of 10 CFR Section 2.'190, it is to be received in confidence by the Comission.

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-c CAW-85-044 (iv) The information is not available in public sources to the best of our knowledge and belief.

(v) The proprietary infornetion sought to be withheld in this submittal is that which is bracketed in WCAP-10865 transmitted by Houston Lighting and Power Com>any application for withholding accompanying this affidavit.

This information enables Westinghouse to:

(a) Justification of TGX design changes from original four-loop configuration.

(b) TGX upper internals qualifications with respect to flow-induced vibrations (c) Assist .its customers to obtain licenses Further, this information has substantial commercial value as follows:

(a) Westinghouse sells the use of the information to its customers for purposes of meeting NRC requirements for licensing documentation. .

l (b) Westinghouse uses the informhtion to perform and justify analyses which are sold to customers.

T Public disclosure of this information is likely to cause l

substantial harm to the competitive position of Westinghouse because it would enable others to use the infornetion to meet NRC requirements for licensing documentation without purchasing the right to use the information.

1 The development of this information is the result of substantial Westinghouse effort and the expenditure of a censidersibe sum of money.

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, t O h u' i f, . p q In order for competitors of Westinghouse to duplicate this information, experimental test programs may have 'to be performed and a significant manpower effort, having the requisite talent and, experience, would have to'be expended for data analyses and computer program development.

Further the deponent sayeth not.

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